THURSDAY, JUNE 16, 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, advised the Commission that an emergency item needed to be added to the agenda. Mr. White stated that John Morris, Chairman of the Republican Executive Committee, had sent a letter stating that one of the Emergency Ballot Commissioners for the 2005 Special Election had resigned and the Commission would need to approve a Republican replacement.
W. Scott Bias, Commissioner, moved to amend the agenda to approve an Emergency Ballot Commissioner for the Special Election. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the agenda as amended. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve purchase orders #6259Y through #6642Y and pay jackets. W. Scott Bias, Commissioner seconded the motion and the vote was unanimous.
W. Scott Bias, Commissioner, moved to approve the minutes from the June 2, 2005 Commission meeting, erroneous assessments, land consolidation, split tickets and probate documentation. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield Company, not to exceed $100,000.00, from the Cabell County Insurance Fund. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
PAGE TWO
Jim Schiedler, Chief Deputy, informed the Commission that the Sheriff’s Department was aware of this problem and they were checking with the Assessor’s Office to see if this lady was the owner of the dogs and was paying taxes on them and also who owned the property where the dogs were living.
William Watson, County Attorney, stated he would speak with the attorney for Animal Control about the suit. Mr. Watson further stated it must be determined who owned the property and who owned the dogs. Mr. Watson went on to say if the lady does not own the property then Animal Control can go on this property to pick up the dangerous dogs and if she was not the owner of the dogs, then Animal Control should not release the dogs to her once they have been picked up.
Mr. Watson informed Mr. LeMasters that since the dogs appeared to be a public nuisance, Mr. LeMasters could file suit against this lady.
#163 PROCLAMATION,
CABELL COUNTY COMMISSION
RE: HONORING THE ST. JOSEPH CENTRAL CATHOLIC
HIGH SCHOOL TENNIS TEAM FOR WINNING
THE 2005 WEST VIRGINIA “A” TENNIS TEAM
CHAMPIONSHIP AND DECLARING JUNE 17TH, 2005,
AS “FIGHTING IRISH DAY” IN CABELL COUNTY
Nancy Cartmill, Commissioner, moved to adopt the
Proclamation declaring June 17th, 2005 as “Fighting Irish Day” in
Cabell County. W. Scott Bias,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
#164 RESOLUTION,
CABELL COUNTY COMMISSION
RE: DESIGNATION OF DEPOSITORIES FOR FY 2005-2006
W. Scott Bias, Commissioner, moved to approve the
following banking institutions as depositories for the fiscal year 2005-2006:
BB&T, Bank One, West Virginia, City National Bank, Fifth Third Bank, First
Sentry Bank, First State Bank, Guaranty Bank & Trust Company, Huntington
National Bank, Peoples Bank and Trust Company and United National Bank. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(B)
THURSDAY, JUNE 16, 2005
PAGE THREE
#165 LETTER, KAREN S. COLE, COUNTY CLERK
RE: SET TIME FOR CABELL COUNTY COMMISSION TO
CONVENE AS A BOARD OF CANVASSERS FOR THE
Nancy Cartmill, Commissioner, moved to approve that the Cabell County Commission convene as a Board of Canvassers on Friday, July 1, 2005 at 10:00 a.m. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#166 LETTER, ADELL CHANDLER, CIRCUIT CLERK
RE: INTEREST BEARING ACCOUNT
EARNINGS
Glenn White, County Manager, stated that a letter had been received from Adell Chandler, Circuit Clerk, informing the Commission that her office had collected $12,463.84 in interest during the last fiscal year and that said amount would be deposited into the County General Fund June 30, 2005.
RE: APPROVAL/ACCEPTANCE OF THE 2004 DELINQUENT
TAX LIST
W. Scott Bias, Commissioner, moved to approve the 2004 Delinquent Tax List. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#167 LETTER, KIM WOLFE, SHERIFF
RE: BUDGET REVISIONS
Glenn White, County Manager, stated the Commission had received a letter from Sheriff Kim Wolfe requesting budget revisions for the Sheriff’s Office and the Tax Office. Mr. White further stated that Sheriff Wolfe was also requesting funds, that had been held in contingency by the Commission, be reinstated to implement a drug unit.
Nancy Cartmill, Commissioner, asked if the Commission would receive the information they had earlier requested, regarding money previously spent in the Sheriff’s Drug Fund. Chief Deputy Schiedler said he would ask the Sheriff for the information.
W. Scott Bias, Commissioner, moved to approve the budget requests for the Sheriff’s Office and Tax Department and to reinstate the money held in contingency. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
PAGE FOUR
#168 LETTER, KIM WOLFE, SHERIFF
RE: EMPLOYMENT
Nancy Cartmill, Commissioner, moved to approve the employment of Daniel Ray Beckner, II, as part-time Courthouse Security, effective June 17, 2005, with a rate of pay of $10.00 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#169 HEARING IN THE ESTATE OF AARON WINSTON
MARTIN
PETITION TO RESIGN AS
ADMINISTRATRIX
Paul Ryker, Attorney for Rebecca G. Smith, appeared before the Commission requesting that Ms. Smith be allowed to resign as the Administrator of the Estate of Aaron W. Martin. Mr. Ryker stated Ms. Smith did not feel she could continue as the Administrator of her father’s estate and would like for the Commission to consider appointing someone else, or the Sheriff, since the estate had unpaid claims. Mr. Ryker further stated Ms. Smith had submitted an accounting of her transactions regarding the estate.
Mr. Ryker informed the Commission he had notified all parties of today’s hearing and presented a certificate of notice to the Commission.
William Watson, County Attorney, stated he spoke with a Ms. Ratcliff who claims she had not received her possessions that were in Mr. Martin’s house.
Mr. Ryker stated that Ms. Ratcliff’s possessions were boxed up and were still at the house, however, Ms. Ratcliff had not picked up her property.
David Martin, son of Aaron Winston Martin, stated he had been removed as the Co-Administrator of his father’s estate and that Ms. Smith had done some unworthy deeds. Mr. Martin further stated he believed Ms. Smith’s appraisement of the estate was not correct.
Mr. Watson suggested Ms. Smith be allowed to resign since she had filed an accounting of her transactions. Mr. Watson went on to say that when someone else was appointed to fill the position of Administrator, all of these issues could be addressed.
Nancy Cartmill, Commissioner, moved to approve the resignation of Rebecca G. Smith as the Administrator of the Estate of the Aaron Winston Martin. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JUNE 16, 2005
PAGE FIVE
#170 APPEARING, BRUCE A. TONEY, ESQUIRE
RE: PETITION AND ORDER IN THE ESTATE OF ROBERT
Bruce Toney, Attorney for Roger W. Smith, appeared before the Commission requesting that Mr. Smith be appointed as the Administrator of the Estate of Roger H. Smith. Mr. Toney stated that no appraisement of the estate had been filed and the current Administrator had refused to continue to administer the estate.
William Watson, County Attorney, stated the Shannon Jones was still the Administrator of the Estate and he believed since the Commission had earlier removed Roger W. Smith as Co-Administrator, Mr. Smith should not be reappointed.
Mr. Watson spoke with Ms. Jones regarding her duties as the Administrator of the Estate and explained that if the estate was not done in a timely manner then a petition could be filed to remove her as the Administrator.
Mr. Watson suggested the Commission deny the petition and reconfirm the appointment of Ms. Shannon Jones as the Administrator of the Estate.
Nancy Cartmill, Commissioner, moved
to deny the petition to appoint Roger W. Smith as Administrator of the Estate
of Roger H. Smith, and to reconfirm the appointment of Shannon Jones as the
Administrator of the Estate of Roger H. Smith.
W. Scott Bias, Commissioner, seconded the motion and the vote was
unanimous.
#171 LETTER, RESOLUTION, AND GRANT CONTRACT,
CABELL
COUNTY COMMISSION
RE: VICTIM ADVOCATES IN CABELL COUNTY
PROSECUTING ATTORNEY’S OFFICE
GRANT ID # 05-VA-002-$77,305.00
Connie Gray, Administrator for Grants, Planning and Permits, stated this grant would provide the salaries for three full-time victim advocates in the Prosecuting Attorney’s Office.
W. Scott Bias, Commissioner, moved
to approve the grant contract in the amount of $77,305.00. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(C)
#172 LETTER, CABELL COUNTY COMMISSION
RE: RENEWAL OF CONTRACT-PROJECT # 03LEDA0030
PROJECT TITLE:
GREENBOTTOM COMMUNITY
AND SENIOR CENTER, INC.
THURSDAY, JUNE 16, 2005
PAGE SIX
#173 LETTER, CABELL COUNTY COMMISSION
RE: RENEWAL OF CONTRACT-PROJECT #03CPGP0187
PROJECT TITLE:
GREENBOTTOM COMMUNITY
AND SENIOR CENTER
#174 LETTER, CABELL COUNTY COMMISSION
RE: RENEWAL OF CONTRACT-PROJECT #03LEDA0024
PROJECT TITLE:
LAND ACQUISITION
#175 LETTER, CABELL COUNTY COMMISSION
RE: RENEWAL OF CONTRACT-PROJECT #04LEDA0026
RE:
LAND ACQUISITION
Connie Gray, Administrator of Grants. Planning and Permits, explained that items #172, #173, #174 and #175 were requests for time extensions for the various projects.
Nancy Cartmill, Commissioner, moved to approve items #172, #173, #174 and #175 regarding the time extensions for these grants. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#176 LETTER AND RESOLUTION, CABELL COUNTY
COMMISSION
RE: GREENBOTTOM COMMUNITY AND SENIOR CENTER,
INC. REQUEST FOR PROJECT AMENDMENT
SCOPE/
ACTIVITY CHANGE (FORM 2)-REQUEST #2
Mrs. Gray stated that this project and the next project would be to upgrade the picnic shelter and to purchase equipment for the kitchen.
W. Scott Bias, Commissioner, moved to approve the request for a project amendment for the Greenbottom Community and Senior Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
W. Scott Bias, Commissioner, moved
to approve the request for a project amendment for the Greenbottom Community
and Senior Center. Nancy Cartmill,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
#178 RESOLUTION, CABELL COUNTY COMMISSION
RE: REAPPOINTMENT
Nancy Cartmill, Commissioner, moved to approve the reappointment of Sharon Ann Hockenberry, to the Enhanced Emergency System Advisory Board (E-911), for a term beginning July 1, 2005, and ending June 30, 2008. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#179 NOTICE OF AWARD AND AGREEMENT (CONTRACT)
RE: PARKING LOT IMPROVEMENTS AT THE YMCA
KENNEDY CENTER FOR THE CABELL COUNTY
COMMISSION
Glenn White, County Manager, stated that after reviewing the bids Blacktop Industries was the low bidder, in the amount of $16,535.00. Mr. White further stated that since the budgeted grant money was for $20,000.00 and the bid came in under that amount, the Commission could approve additional paving for the parking lot.
Nancy Cartmill, Commissioner, moved to approve the low bid from Blacktop Industries for $16,535.00. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#180 CHANGE ORDER, CABELL COUNTY COMMISSION
RE: AUTHORIZE ADDITIONAL PAVING AT THE YMCA
KENNEDY CENTER PURSUANT TO
LEGISLATIVE
DIGEST GRANT PROJECT #05LEDA0383
Nancy Cartmill, Commissioner, moved to approve the additional paving at the YMCA Kennedy Center, in the amount of $3,465.00. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
PAGE EIGHT
#181 RESOLUTION, GENERAL FUND STATE BUDGET
REVISION
FY 2004-2005
Nancy Cartmill, Commissioner, moved
to approve 2004-2005 General Fund Budget Revision #13. W. Scott Bias, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(G)
#182 RESOLUTION, GENERAL FUND COUNTY BUDGET
REVISION FY 2004-2005
W. Scott Bias, Commissioner, moved
to approve General Fund County Budget Revision #7. Nancy Cartmill, Commissioner, seconded the motion and the
vote was unanimous. Exhibit (H)
#183 FISCAL YEAR 2005-2006 BUDGET
DELIBERATIONS
RE: CABELL COUNTY EMERGENCY MEDICAL SERVICES
CABELL COUNTY EMERGENCY RESPONSE CENTER
Gordon Merry, CCCEMS Director, and the Commission discussed several issues that were concerns, such as the county’s pay scale being lower than the other nearby areas, critical care transport due to a new law that would go into effect in August that states you must have three personnel on board, the new ambulance station, mileage regarding the cost of gasoline, utilities for the building, copy fees for reports and employees who smoke making the insurance higher. Mr. Gordon also suggested a monthly meeting with the Department Heads and the Commission.
Shirley Lawson, Director of CCERS (E-911), addressed the Commission on the issues of keeping good employees because of the rate of pay, the hiring of two additional Telecommunicators, step raises, using the 8th Avenue building as back-up after the new building was built and hiring an emergency medical dispatcher.
Ms. Lawson stated she had a surplus this year and could afford the raises.
Robert L. Bailey, President, requested this be placed on record: President Bailey stated that he was 100% for the raises for CCEMS and CCERS because they have good employees and want to retain them, but on the other hand he felt so bad about the other county employees, because of what the jail was doing to the county, we may be facing laying off employees and our people could not get a raise and the bottom line was because of the jail and it was a shame for people who have worked hard for twenty or twenty-five years in this Courthouse and it bears down to the jail where the out-laws were better taken care of then the Senior Citizens in this county.
THURSDAY, JUNE 16, 2005
PAGE NINE
#184 MOVED TO THE END OF THE AGENDA
#185 APPOINTMENT
RE: EMERGENCY BALLOT COMMISSIONER
Nancy Cartmill, Commissioner, moved to approve the appointment of Lois Smith Merritt as the Republican Emergency Ballot Commissioner to replace Helen Stanley. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
W. Scott Bias, Commissioner, moved to recess the meeting until 1:00 pm. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
The Commission recessed at 12:10 p.m.
Robert L. Bailey, President, reconvened the Commission meeting at 1:00 p.m.
#184 INTERVIEWS, PROGRAMMER/NETWORK TECHNICIAN
Nancy Cartmill, Commissioner, moved to go into Executive Session to conduct interviews for the Data Processing Department. W. Scott Bias, Commissioner, seconded the motion.
The Commission recessed the meeting at 1:01 p.m.
The Commission reconvened the regular session at 3:05 p.m., with no action taken.
Robert L. Bailey, President, adjourned the meeting at 3:06 p.m., until the next regular scheduled meeting on June 30, 2005, at 10:00 a.m.
_______________________________________ PRESIDENT, COUNTY COMMISSION
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