THURSDAY, MARCH 24, 2005
PRESENT: ROBERT L. BAILEY, PRESIDENT
NANCY CARTMILL, COMMISSIONER
W. SCOTT BIAS, 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 scheduled meeting of the County Commission to order at 10:00 a.m.
APPROVE:
Glenn White, County Manager, informed the Commission that County Clerk, Karen Cole, had requested that an item be placed on the agenda regarding the reinstatement of an employee.
Robert L. Bailey, President, moved to amend the agenda
to include the item for the County Clerk.
W.
Nancy Cartmill, Commissioner, moved to approve the
agenda as amended. W.
W.
William Watson, County Attorney, informed the Commission that in the probate documentation there was an order by Fiduciary Commissioner, Daniel Yon, regarding the Aaron Winston Martin Estate. Mr. Watson went on to say that Mr. Paul Ryker would like to address the Commission retarding this matter.
Paul Ryker, Attorney representing Rebecca Smith, informed the Commission that Ms. Smith, the daughter of Aaron Winston Martin, had been appointed as Co-Administrator of her father’s estate along with one of her brothers. Mr. Ryker stated this brother was found guilty of misconduct and was later removed as the Co-Administrator by the Commission. Mr. Ryker further stated that another brother, who was to be appointed as Co-Administrator, would not accept the appointment. Mr. Ryker stated Ms. Smith had been dealing with a number of things concerning the estate including locating assets that the removed brother would not turn over.
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Mr. Ryker stated he received a cover letter and a motion from Mr. Yon last week, however, there was nothing in the notice about a hearing or a proposed order regarding the removal of Ms. Smith as Co-Administrator. Mr. Ryker stated he believed that Mr. Yon could not remove Ms. Smith without due process. Mr. Ryker requested the Commission not approve the removal of Ms. Smith and to set forth a hearing or whatever the Commission deemed proper in order for his client to have due process.
William Watson, County Attorney, stated he had reviewed this matter and would recommend this order be removed from the probate documentation.
Nancy Cartmill, Commissioner, moved
to remove the probate documentation regarding the Aaron Winston Martin estate,
until such time as proper procedure had been followed. W.
Nancy Cartmill, Commissioner, moved
to approve the minutes from the March 10, 2005 regular Commission meeting,
erroneous assessments, land consolidations, split tickets and remaining probate
documentation. W.
W.
RE: HONORING THE HUNTINGTON HIGH SCHOOL BOY’S
VARSITY BASKETBALL TEAM FOR WINNING
THE
2005 BOY’S AAA STATE BASKETBALL
AS “HUNTINGTON HIGHLANDER DAY” IN
CABELL
COUNTY, WEST VIRGINIA
Robert L. Bailey, President, proclaimed March 24, 2005 as
Huntington Highlander Day in Cabell County and presented the Huntington High
School Basketball Team and their coaches copies of this proclamation. Exhibit (A)
IN THE AMOUNT OF $70,663.00, FROM THE
EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) PROGRAM
PAGE THREE
Connie Gray, Administrator of Grants, Planning and Permits, informed the Commission this grant would be shared with the City of Huntington. Mrs. Gray stated that the City of Huntington would receive $35,331.00, of which would be used to improve their fleet and to purchase equipment. Mrs. Gray further stated the Sheriff’s Department would purchase equipment with their funds from the grant.
President Bailey asked if there was anyone in the audience who wished to speak for or against the grant expenditures and there were no opposition to the proposed expenditures.
President Bailey stated that since no one was present to speak, the Public Hearing was closed.
Nancy Cartmill, Commissioner, moved
to approve the expenditures in the amount of $70,663.00, from the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program. W.
#094 APPEARING, RICHARD E. TYSON, ESQUIRE
RE: ESTATE OF MARJORIE D. SISK, DECEASED
Richard Tyson, Fiduciary Commissioner for the estate of Marjorie D. Sisk, appeared before the Commission requesting the estate of Mrs. Sisk be reopened. Mr. Tyson stated he had prematurely closed the estate and there were actions that still needed attention.
William T. Watson, County Attorney, stated he had reviewed the order and would recommend the Commission reopen the estate so that the transfer of certain securities could be completed.
W.
#095 APPEARING, CHARLES M. HATCHER, JR.,
ESQUIRE
RE: NOTICE AND PETITION TO WITHDRAW AS COUNSEL
IN THE ESTATE OF ROGER H. SMITH
Charles Hatcher, Jr., Attorney for the estate of Roger Smith, appeared before the Commission requesting that he be removed as Counsel for said estate. Mr. Hatcher stated he had completed his duties for the estate and there had been no response from the Administrator.
William Watson, County Attorney, stated he had reviewed the petition and would recommend that the Commission approve the petition, providing that Mr. Hatcher give notice of withdraw to all concerned parties via certified mail.
Nancy Cartmill, Commissioner, moved
to approve the petition allowing Charles Hatcher to withdraw as Counsel in the
Estate of Roger H. Smith. W.
#096 CITICORP CREDIT SERVICES, INC., PETITION
FOR CLAIM
TO
BE ADMITTED
RE: ESTATE OF YVONNE D. PAYNE
William Watson, County Attorney, stated he had reviewed the petition by Citicorp regarding their claim of an unpaid bill for the estate of Yvonne D. Payne and recommended that the Commission not approve this due to the time period had elapsed and the proper procedures had not been followed.
W.
#097 FY 2006 WV COMMUNITY CORRECTIONS FUND
GRANT
APPLICATION (DAY REPORTING
CENTER)
Chris Chiles, Prosecuting Attorney, stated this was a grant application for funds to establish a Day Reporting Center and Enhanced Community Corrections for Cabell County. Mr. Chiles further stated that with a Day Reporting Center the courts would have more options that would include Home Confinement and Probation besides incarceration.
President Bailey asked Mr. Chiles the amount of the grant. Mr. Chiles stated the grant application would be for $245,962.00, with local matching funds being in the amount of $75,600.00, which Mr. Chile said would be in kind.
Nancy Cartmill, Commissioner, stated she went through the rough draft and found $40,000.00 that could not be in kind and would have to come from the County Commission. Mr. Chiles stated he did not think it would be that much.
Mr. Chiles and Commissioner Cartmill discussed the location of the facility and the cost to renovate the building that would house the Day Reporting Center and what equipment would be needed.
W.
Robert L. Bailey, President, stated that in the Charleston Daily Mail it was reported that it would take $336,000.00 a year to operate a reporting center. Mr. Chile’s replied it would depend on what the Commission wanted the center to do and he believed it could be done for the $245,962.00 as stated in the application.
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Commissioner Cartmill stated she believed this would be a conflict between the Day Reporting Center and Home Confinement. Commissioner Cartmill further stated that Home Confinement was on of the best programs in the state and had saved the county a considerable amount of money. Commissioner Cartmill stated she also was concerned, from a safety standpoint, about the volunteer program for the Day Reporting Center
Mr. Chiles stated the reporting center would be to benefit Home Confinement and would not undermine the program. Mr. Chiles further stated that from a safety standpoint, this center would be only for non-violent offenders.
Commissioner Bias stated that he liked the thought of a reporting center and that he did not think it would be in conflict with Home Confinement, however, he was concerned about the cost and that if after a year the center was not working or was costing the county money he would be the first to vote to eliminate the program.
Glenn White, County Manager, asked Mr. Chiles several questions regarding the grant and stated he was concerned about the hiring date of the Administrator and several other dates because they fell before the grant money would be received.
After a lengthy discussion regarding the grant, President Bailey instructed Mr. White to work with Mr. Chiles in making changes to the grant and to bring the application back at the March 28, 2005 meeting.
#098 LETTER, RESOLUTION AND GRANT APPLICATION,
CABELL COUNTY COMMISSION
RE: JUVENILE ACCOUNTABILITY BLOCK GRANT
PROGRAM (JABG)
Connie Gray, Administrator for Grants, Planning and Permits, explained this grant would be used for the continued employment of a full-time Juvenile Prosecutor in the Prosecuting Attorney’s Office.
W.
#099 LETTER AND RESOLUTION, CABELL COUNTY
COMMISSION
RE: REQUEST FOR PROJECT AMENDMENT SCOPE
ACTIVITY CHANGE (FORM 2) REQUEST #1
GRANT #04-003 PROJECT #03CPGP0195
OHIO RIVER ROAD
VOLUNTEER FIRE
DEPARTMENT
PAGE SIX
Mrs. Gray stated the Ohio River Road Fire Department had requested a scope/change because there were remaining funds in this grant. Mrs. Gray went on to say that the remaining funds would be used for personal protective gear for the firefighters.
Nancy Cartmill, Commissioner, moved to approve the
scope/change in grant #04-033 for the Ohio River Road Volunteer Fire Department. W.
#100 LETTER, CABELL COUNTY COMMISSION
RE: PRE-APPLICATION FOR FY 2004-DISASTER
RECOVERY INITIATIVE GRANT DR-1500
Connie Gray, Administrator for Grants, Planning and Permits, stated this was an application for a grant to acquire six properties in areas throughout Cabell County that have flooded on a repetitive basis.
Nancy Cartmill, Commissioner, moved
to approve a pre-application for the 2004 Disaster Recovery Initiative
Grant. W.
#101 4-H CAMP RENTAL RATES
Glenn White, County Manager, stated this would be a reduction in the rental rates of the 4-H Camp during the week, in hopes of encouraging additional use.
Nancy Cartmill, Commissioner, moved
to adopt the reduced weekday rate for the 4-H Camp. W.
#102 RESOLUTION, GENERAL FUND STATE BUDGET
REVISION
FY 2004-2005
W.
#103 RESOLUTION, COAL SEVERANCE STATE BUDGET
REVISION, FY 2004-2005
Nancy Cartmill, Commissioner, moved
to approve Coal Severance State Budget Revision #2 for fiscal year
2004-2005. W.
#104 RESOLUTION, GENERAL FUND COUNTY BUDGET
REVISION, FY 2004-2005
PAGE SEVEN
W.
#105 LETTER, CABELL COUNTY COMMISSION
RE: REQUEST TO AMEND THE HOMELAND SECURITY
LAW ENFORCEMENT GRANT BUDGET TO
INCLUDE
ADDITIONAL ITEMS
Connie Gray, Administrator for Grants, Planning and Permits, explained that due to frugal purchasing, after all items had been purchased from this grant there was a balance of $26,725.00. Mrs. Gray went on to say that in order to purchase additional items, the Commission must approve an amendment to the original grant.
Nancy Cartmill, Commissioner, moved
to approve the amendment to the Homeland Security Law Enforcement Grant for the
additional items. W.
#106 KAREN S. COLE, COUNTY CLERK
RE: EMPLOYMENT
Nancy Cartmill, Commissioner, moved
to approve the reinstating of Carla Meadows, as a full-time employee, effective
March 14, 2005. W.
PLACE ON RECORD:
W.
PAGE EIGHT
_______________________________________
PRESIDENT, COUNTY COMMISSION
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