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
Robert L. Bailey, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.
L. D. Egnor, Commissioner, moved to nominate Nancy Cartmill as President of the Cabell Commission for 2004. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, took over as Commission President at this time.
President Cartmill stated that with the Commission’s approval, she would like to make some changes concerning the Commission meetings. President Cartmill went on to say she would like for the Citizens Registered To Speak be moved from the end of the agenda to the front of the agenda. President Cartmill also requested that all cell phones be turned off or put on vibrate during meetings.
Robert L. Bailey, Commissioner, moved to approve President Cartmill’s recommendations. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
APPROVE:
L. D. Egnor, Commissioner, moved to approve the agenda as presented. Robert L. Bailey, Commissioner, seconded the motion. Glenn White, County Manager, requested item #006 be removed from the agenda. Commissioner Egnor withdrew his previous motion and Commissioner Bailey withdrew his second.
L. D. Egnor, Commissioner, moved to approve the agenda with item # 006 being removed. Robert L. Bailey, Commissioner seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve purchase orders #4050 X through #4192 X and pay jackets. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
PAGE TWO
L. D. Egnor, Commissioner, moved to approve the minutes of the Commission meeting of December 31, 2003, erroneous assessment/land consolidation/spilt 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, 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.
#305 RE: STAFFING OF THE CABELL COUNTY HOLDING
FACILITY IN COMPLIANCE WITH CIRCUIT
JUDGE CUMMINGS’ ORDER IN CIVIL ACTION
03-C-971 CONTINUED FROM DECEMBER 31, 2003
Robert L. Bailey, Commissioner, reported he attended a meeting with Glenn White, Sheriff Kim Wolfe, Jim Johnson, Steve Canterbury and Mr. Parsons, at the Regional Jail concerning the hiring off duty Correctional Officers. Commissioner Bailey stated he was informed the Regional Jail would not be interested in contracting the Correctional Officers to work the Cabell County Holding Facility. Commissioner Bailey said he felt the proper thing to do would be to approve the hiring of four deputies and turn the holding facility over to the Sheriff.
Robert L. Bailey, Commissioner, also stated he would like the Commission to work with Judge O’Hanlon on details for a day center for prisoners at the county facility in Ona because he believed this would save the county money.
Robert L. Bailey, Commissioner, moved to approve the employment of four new deputies to work the holding facility for Cabell County. The motion died for a lack of a second.
Sheriff Wolfe informed the Commission that Mr. Canterbury, of the Regional Jail Authority, also supported a day reporting center.
Commissioner Bailey stated that it would be possible to apply for a grant to help with the center.
L. D. Egnor, Commissioner, suggested the Commission consider other sites for the reporting facility and to gather information on the usage, cost and income of a reporting center before any capital expenditures were approved.
Robert L. Bailey, Commissioner, stated he wanted to go on record that he believed the Commission was making a mistake in not hiring the four deputies.
PAGE THREE
L. D. Egnor, Commissioner, asked William Watson, County Attorney, the status of the case before Judge Cummings. Mr. Watson informed the Commission that Judge Cummings stated he would review his position on the case and the attorneys were waiting to hear from him.
L. D. Egnor, Commissioner, stated this item needed to be expedited as soon as possible and the matter would stand as is until the courts resolved the matter.
#001 LETTER, KIM WOLFE, SHERIFF
Robert L. Bailey, Commissioner, moved to approve the employment of Lisa Hudson as a full time employee of the Sheriff’s Department, effective January 16, 2004, with a salary of $19,150.08 per year. L. D. Egnor, Commissioner, seconded the motion.
Glenn White, County Manager, stated the salary for Lisa Hudson included $600.00 of longevity from the past employee, which would not be included in next years budget. Sheriff Wolfe said he was aware the longevity was included in the salary and would take care of that in the next budget process.
President Cartmill stated she did not have a problem with hiring the person, but she did have a problem with hiring the person with the longevity pay included in her base pay that would not be there after July 1, 2004, which would then cut that employee’s pay.
L. D. Egnor, Commissioner, withdrew his second.
Sheriff Wolfe stated if the Commission would reconsider he would pay the employee the base salary.
Robert L. Bailey, Commissioner, moved to amend the motion to hire Lisa Hudson at a salary of $18,550.08. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#002 LETTER, KIM WOLFE, SHERIFF
EMPLOYMENT
L. D. Egnor, Commissioner, moved to hire Terry McFann as a full time Deputy Sheriff, effective January 16, 2005, with a salary of $2,004.82 per month. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Sheriff Wolfe explained this would fill a vacancy created by a resignation.
THURSDAY JANUARY 15, 2004
PAGE FOUR
#003 LETTER, KIM WOLFE, SHERIFF
RE: PURCHASE OF A 2004 CROWN VICTORIA ON
STATE CONTRACT
Robert L. Bailey, Commissioner, moved to approve the purchase of a 2004 Crown Victoria on State Contract for the Sheriff’s Department. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#004 RESOLUTION, CABELL COUNTY COMMISSION
RE: RELEASE OF COLLATERAL BOND BY CITY
NATIONAL
L. D. Egnor, Commissioner, moved to approve the release of collateral bonds from City National Bank. Robert L. Bailey, Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
#005 “VERIFIED PETITION FOR APPOINTMENT OF
COMMITTEE”
RE: ESTATE OF EDWARD M. CARROLL,II
Henry E. Wood, III, attorney for Edward M. Carroll, II, appeared before the Commission requesting a verified petition appointment of committee for Mr. Caroll’s father, Edward Carroll, Sr. Mr. Woods stated the father had been given general power of attorney. Mr. Woods explained that Mr. Carroll, II would be incarcerated for a period of time and would like his father to take care of his financial affairs.
Mr. William Watson, County Attorney, stated he had reviewed both the petition and the statue and a bond was required. Mr. Watson recommended the father be appointed and that a bond be set at $65,000.00.
L. D. Egnor, Commissioner, stated he was concerned because the petitioner was the son and not the father. Commissioner Egnor further stated he would feel better if he knew the father understood the responsibilities of the appointment.
William Watson, County Attorney, stated that with the order Mr. Woods could prepare an affidavit signed by the father stating he understood his responsibilities and duties.
PAGE FIVE
Robert L. Bailey, Commissioner, moved to approve the President of the Commission sign an order for appointment of committee for Mr. Edward Carroll, Sr., on behalf of his son, Edward M. Carroll, II, and that the order be accompanied by an affidavit signed by the father. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#006 REMOVED
#007 LETTER, CABELL COUNTY COMMISSION
RE: UNION RIDGE WATER LINE EXTENSION
DRAW DOWN REQUEST #7 $116,499.33
L. D. Egnor, Commissioner, moved to approve draw down request #7, in the amount of $116,499.33, for the Union Ridge Water Line Extension Project to pay invoices. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#008 LETTER, CABELL COUNTY COMMISSION
RE: NOTICE OF INTENT FORM TO APPLY FOR
FEMA-DR-1500-WV HAZARD MITIGATION GRANT
PROGRAM FUNDS/NOVEMBER 2003 FLOODING
Connie Gray, Administrator for Grants, Planning and Permits, explained to the Commission this would enable the Commission to apply for funds from $500,000.00 to $1,000.000.00, to offer buy-outs for residents affected by floods in 2003 in the Milton area. Robert L. Bailey, Commissioner, moved to approve the intent to apply for funds for the Hazard Mitigation Grant Program. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#009 LETTER, RESOLUTION AND GRANT AWARD AGREEMENT
RE: FFY 2003 CERT GRANT PROGRAM FUNDS $7,500.00
Gordon Merry, CCEMS Director, explained this grant money would be for training the Emergency Response Team. L. D. Egnor, Commissioner, moved to approve the resolution on CERT Grant Programs Funds in the amount of $7,500.00. Robert L. Bailey, commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#010 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF AMENDING THE TERM OF
APPOINTMENT OF CHARLES E. ROMINE AS A
MEMBER/CABELL-HUNTINGTON BOARD OF HEALTH
THURSDAY JANUARY 15, 2004
PAGE SIX
Glenn White, County Manager, explained that at a previous meeting a resolution was passed appointing Mr. Romine to the Cabell-Huntington Board of Health, with an incorrect term ending date. Mr. White stated the term should have read December 31, 2008 instead of December 31, 2009.
L. D. Egnor, Commissioner, moved to approve the corrected resolution of Charles E. Romine with his term ending December 31, 2008. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)
#011 RE: PROPOSED LEGISLATION TO EXTEND THE TIME
FOR CABELL COUNTY COMMISSION TO MEET AS
A LEVYING BODY FOR AN ELECTION TO
CONSIDER AN EXCESS LEVY
Robert L. Bailey, Commissioner, moved to approve item #011. L. D. Egnor, Commissioner, seconded the motion.
Glenn White, County Manager, explained this would authorize the President of the Commission to send a letter to all Cabell County Senators and Delegates requesting support for a special legislation, which would only affect Cabell County. Mr. White further stated this special legislation, if passed, would delay when the Commission meets to lay the levy from the 3rd Tuesday in April until the 3rd Tuesday in May. Mr. White went on to say that by delaying the laying of the levy until the 3rd Tuesday in May, the Commission would know whether the Excess Levy, which would be voted on in May, was approved.
Nancy Cartmill, President, called for a vote on the motion and the vote was unanimous.
#012 RE: SENATE BILL 496, PASSED MARCH 8, 2003, CREATING
MOTOR FUEL EXCISE TAX ACT
Glenn White, County Manager, explained this would give approval to send local Delegates letters expressing displeasure in the passing of Senate Bill 496 which requires local governments to pay excise tax up-front on gasoline. Mr. White stated this would make a hardship on local government because it tied up their money even though the local governments could later request a refund for that expenditure.
L. D. Egnor, Commissioner, moved to approve drafting a letter to forward to the apporiate Legislators on this matter. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#013 RE: CABELL COUNTY POLICY FOR THE
DISPATCHING OF TOWING SERVICES
FOR EMERGENCY TOWING VEHICLES
THURSDAY JANUARY 15, 2004
PAGE SEVEN
Mr. White informed the Commission that State Code required the Commission to review the county’s towing policy every three years, which the County did in 2002. Mr. White further stated it would stand to reason that within the three-year period the policy might need an update. Mr. White said he believed the Commission should establish a policy on how requests were to be received and who should make that request. Mr. White suggested that only the Mayors of each municipality and the Sheriff of Cabell County should be able to request a towing service be added to the rotation list.
Commissioner Egnor left the meeting at 11:05 a.m.
Robert L. Bailey, Commissioner, asked Shirley Lawson, E-911 Director, what she thought about these requirements. Mrs. Lawson stated she agreed that guidelines should be set for the towing policy.
After much discussion Nancy Cartmill, President, moved to approve the drafting of a letter to the Mayors of Barboursville, Milton and Huntington, a letter to the Sheriff of Cabell County and a letter to the towing companies that were on the rotation list, establishing a policy that required only the Mayors and the Sheriff be allowed to request a towing company be added to the rotation list. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Commissioner Egnor returned to the meeting at 11:15 a.m.
#014 RESOLUTION, CABELL COUNTY COMMISSION
RE: STATE BUDGET REVISION #6 - GENERAL FUND
Robert L. Bailey, Commissioner, moved to approve General Fund Budget Revision #6. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
Nancy Cartmill, President, adjourned the meeting at 11:25 a.m., until the next regular scheduled meeting of January 29, 2004 at 10:00 a.m.
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PRESIDENT, COUNTY COMMISSION
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