COUNTY COMMISSION

THURSDAY JULY 1, 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 with the removal of the minutes from the June 17, 2004 meeting. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

L. D. Egnor, Commissioner, moved to approve purchase orders #100 Y through #142 Y and pay jackets. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

L. D. Egnor, Commissioner, moved to approve erroneous assessments, land consolidations, split tickets and probate documentation. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, 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. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#157 LETTER, RESOLUTION AND GRANT CONTRACT

CABELL COUNTY COMMISSION

RE: GRANT ID #: 03-A-C-208

JUVENILE PROSECUTOR-$36,270.00

Chris Chiles, County Prosecutor, stated this grant was a continuation of an existing grant that provided funding for a Juvenile Assistant Prosecutor.

Robert L. Bailey, Commissioner, moved to authorize the signing of the grant contract agreement between the Division of the Criminal Justice Services and the Cabell County Commission for funding in the amount of $36,270.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

THURSDAY, JULY 1, 2004

PAGE TWO

#158 LETTER, RESOLUTION AND GRANT CONTRACT

CABELL COUNTY COMMISSION

RE: GRANT ID #: 03-VA-040

VICTIM ASSISTANCE-$79,278.00

Mr. Chiles stated this also was a continuation of an existing grant that provided salaries for three full-time victim’s advocates, training and other victim related materials for the program.

Robert L. Bailey, Commissioner, moved to approve the adoption of a resolution authorizing the President of the Cabell County Commission to enter into a grant contract with the West Virginia Division of Criminal Justice Services, for funding in the amount of $79,278.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#159 AGREEMENT BETWEEN CABELL COUNTY COMMISSION

CABELL COUNTY SHERIFF, CABELL COUNTY ASSESSOR

AND DAVID R. TYSON, ESQUIRE

RE: LEGAL REPRESENTATION FOR TAX COLLECTION

William Watson, County Attorney, stated he had met with Sheriff Kim Wolfe and Mike Woelfel, the attorney representing the Sheriff, on the matter of the agreement. Mr. Watson further stated that Mr. Woelfel was concerned about the termination issue in the contract and was seeking advice from Mr. Lewis of the Ethics Commission.

Sheriff Wolfe stated he did not want to sign the contract agreement until had had received advice from Mr. Lewis.

L. D. Egnor, Commissioner, stated he did not understand why Mr. Woelfel and the Sheriff were communicating with Mr. Lewis, who only writes opinions for the Ethics Commission, however, he believed it was apporiate that Mr. Watson be included in any dialog with Mr. Lewis.

Mr. Watson stated that Mr. Woelfel thought his client, Sheriff Wolfe, believed if the Commission did not wish to terminate the contract, then the Sheriff could not terminate the contract.

Nancy Cartmill, President, stated this was a three-way contract between the Commission, the Assessor’s Office and the Sheriff and she had thought that everyone involved was in agreement with the contract.

THURSDAY, JULY 1, 2004

PAGE THREE

L. D. Egnor, Commissioner, moved to approve the contract agreement in the present form between the County Commission, County Sheriff, County Assessor and David Tyson for legal representation for tax collection. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#160 DISCUSSION, LETTER FROM KIM WOLFE, SHERIFF

RE: HOLDING CELL STAFFING

Glenn White, County Manager, stated that while discussing the staffing of the holding cell with Sheriff Wolfe the issue of over-time had also been discussed. Mr. White further stated that Sheriff Wolfe indicated he would need additional funding for overtime in his department. Mr. White said he suggested to the Sheriff, that if he believed he would need the additional funds, he should present an amount to the Commission for consideration.

Mr. White went on to say that Sheriff Wolfe had sent a letter to the Commission requesting the amount of $13,570.00 be added to his overtime line item. Mr. White stated he did have a concern where Sheriff Wolfe had stated in his letter that he could only estimate overtime expenditures.

Sheriff Wolfe stated he could only estimate the amount of overtime because he did not have any idea how many inmates would be coming to court each day. Sheriff Wolfe also mentioned he would need overtime because of the four deputies who were going to the State Police Academy this fiscal year.

Nancy Cartmill, President, stated she would approve the $13,570.00, however, she would not agree to an open-ended overtime budget and the Sheriff should not operate with the assumption of receiving more money at a later date because there may not be money available. President Cartmill asked Sheriff Wolfe if he was in agreement with the $13,570.00 amount and the Sheriff replied he was.

#161 LETTER, KIM WOLFE, SHERIFF

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Kevin White, Steve Rappold and Daniel Beckner, II, as full time deputies, effective July 15, 2004, with a rate of pay of $2,004.82 per month. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JULY 1, 2004

PAGE FOUR

#162 LETTER, KIM WOLFE, SHERIFF

EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Dominique Elmore, as a part-time temporary employee in the Tax Office, effective July 2, 2004, with a rate of pay of $7.00 per hour. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#163 RESOLUTION, GENERAL FUND STATE BUDGET REVISION

#1, FY 2004-2005, WITH SUPPORTING LETTER TO LOCAL

GOVERNMENT SERVICES DIVISION, OFFICE OF THE

STATE AUDITOR

Glenn White, County Manager, explained the budget revision to the Commission and stated that a joint letter of support signed by the Sheriff and the County Commission would be attached to the revision. Robert L. Bailey, Commissioner, moved to approve General Fund State Budget Revision #1. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#164 RESOLUTION, CABELL COUNTY COMMISSION

RE: AUTHORIZING THE FILING OF A LOCAL LAW

ENFORCEMENT BLOCK GRANT (LLEBG)

APPLICATION FOR FY 2004 FUNDS FROM THE

BUREAU OF JUSTICE ASSISTANCE (BJA) IN THE

AMOUNT OF $7,560.00

Connie Gray, Administrator for Grants, Planning and Permits, stated this was authorization to go on-line to submit an application to the Bureau of Justice Assistance for a grant, in the amount of $7,560.00, to purchase equipment for the Sheriff’s Department. Mrs. Gray further stated that matching funds in the amount of $840.00 would be paid from the Sheriff’s Concealed Weapons Account.

L. D. Egnor, Commissioner, moved to approve the authorization to file an application for grant funds, in the amount of $7,560.00. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#165 RESOLUTION, CABELL COUNTY COMMISSION

RE: REAPPOINTMENT

THURSDAY, JULY 1, 2004

PAGE FIVE

Robert L. Bailey, Commissioner, moved to reappoint Robert C. Jackson to the Board of Directors of the Cabell County Public Library, for a term beginning August 1, 2004 ending July 31, 2009. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#166 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT AND RECLASSIFICATION

Robert L. Bailey, Commissioner, moved to approve the employment of Christopher R. Tomblin, as a full-time paramedic, effective July 2, 2004, with a rate of pay of $7.11 per hour and the employment of Jason Michael Spears, as a per diem paramedic, effective July 2, 2004, with a rate of pay of $8.71 per hour. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, moved to approve the reclassification of Ryan A. Vaughn, as a per diem paramedic, effective June 27, 2004, with a rate of pay of $8.71 per hour. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#167 4H CAMP RENTAL RATES

Glenn White, County Manager, informed the Commission that the rates at the 4H Camp had not been adjusted since 1999. Mr. White further stated the proposed rates would only apply to individuals who book the 4H Camp after July 1, 2004.

Robert L. Bailey, Commissioner, moved to approve the rental rates for the 4H Camp, effective July 1, 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#168 CORRECTIVE DEED, CABELL COUNTY COMMISSION

TO WEST VIRGINIA DEPARTMENT OF TRANSPORTATION

DIVISION OF HIGHWAYS

RE: CONVEYING A PORTION OF PARCEL #41,

COMMONLY KNOW AS CABELL HUNTINGTON

HEALTH DEPARTMENT, TO THE WEST VIRGINIA

DEPARTMENT OF TRANSPORTATION, DIVISION OF

HIGHWAYS, SAID PARCEL CONSISTING OF FOUR (4)

NON-CONTROLLED ACCESS RIGHTS-OF-WAY AND

A TEMPORARY CONSTRUCTION EASEMENT

THURSDAY, JULY 1, 2004

PAGE SIX

William Watson, County Attorney, stated this deed had been executed at a previous meeting and then recorded, however, that was not the proper procedure. Mr. Watson went on to say the correct procedure once the deed was executed, was to send the deed to the Division of Highways, who in turn would forward the deed to Board of Public Works for their approval, and on their approval money would be generated to pay the Commission.

L. D. Egnor, Commissioner, moved to approve the corrective deed between the Cabell County Commission and the West Virginia Department of Transportation, Division of Highways. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Commissioner Bailey stated he had talked with Betty Sargent, Mayor of Milton, who mentioned that Milton needed a police cruiser and he thought the county had a cruiser that could be fixed for about $2,000.00. Commissioner Bailey went on to say he would like to donate the cruiser to the City of Milton.

Mr. White stated that in the past when cars are given away, the receiver paid for the parts and the county repaired the vehicles.

Gordon Merry, CCEMS Director, stated the cruiser had high mileage and would need a lot of work.

After much discussion, it was decided that Mr. White would speak with Mayor Sargent to see if they would be interested in a cruiser with high mileage and would they be willing to pay for the parts.

Nancy Cartmill, President, adjourned the meeting at 11:05 a.m., until the next scheduled meeting on July 15, 2004, at 10:00 a.m.

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PRESIDENT, COUNTY COMMISSION

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