COMMISSION MEETING
THURSDAY, JULY 12, 2007
PRESENT: W. SCOTT
BIAS, PRESIDENT
ROBERT
L. BAILEY, COMMISIONER
NANCY
CARTMILL, COMMISSIONER
WILLIAM
T. WATSON,
STEPHEN
ZOELLER,
SHARON
ROSS, ASSISTANT
FOR
BILLABLES AND PAYABLES
CHRIS
TATUM, ASSISTANT
FOR
PERSONNEL AND PURCHASING
W. Scott Bias, President, called the regular scheduled 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. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve purchase orders #100 C through #246 B and pay jackets. Robert L. Bailey, Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey Commissioner, moved to approve erroneous assessments, land consolidations, 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
#199 LETTER,
KAREN COLE,
RE: COAL SEVERANCE FUND CARRYOVER,
FISCAL YEAR 2006-2007
Nancy Cartmill, Commissioner, moved to accept the letter regarding the
Coal Severance Fund Carryover from the
THURSDAY, JULY 12, 2007
PAGE TWO
#200 LETTER,
KIM WOLFE, SHERIFF
RE: SHERIFF’S COMMISSION - WEST VIRGINIA
CODE §11-A-1-17
Stephen Zoeller,
Robert L. Bailey, Commissioner, moved to approve the issuance of a check, in the amount of $15,000.00, to Sheriff Kim Wolfe. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#201 LETTERS,
KIM WOLFE, SHERIFF
EMPLOYMENT
Nancy Cartmill, Commissioner, moved to approve the employment of Ronald
Miller, Jr. as a full time deputy, effective July 16, 2007, with a rate of pay of $2,360.34 per month; approve the
employment of Carl Craft as part time Courthouse Security, effective July 13,
2007, with a rate of pay $10.00 per hour. Robert L. Bailey, Commissioner, seconded the
motion and the vote was unanimous.
#202 RESOLUTION,
CABELL
RE: HONORING WILLIAM EARL “BILL” WOLFE
Nancy Cartmill, Commissioner, moved to approve the adoption of a
resolution honoring
#203 APPEARING,
R. LEE BOOTEN, II
RE: ESTATE OF JOHN THOMAS VINTON
MOTION TO REOPEN CLAIMS PERIOD AND ENJOIN CLOSING ESTATE
This item was moved to later in the agenda.
THURSDAY, JULY 12, 2007
PAGE THREE
#204 APPEARING, RALPH BASSETT,
ESQUIRE
RE: ESTATE OF GORDON DANIEL HAZELETT
PETITION TO RELEASE CLAIM FILED
AGAINST
THE ESTATE BY BANK OF
SETTLEMENT AGREEMENT AND DUE TO ESTATE
INSOLVENCY
Ralph Bassett, attorney representing the Gordon Daniel Hazelett Estate, appeared before the Commission with a petition to release claims filed against the estate due to insolvency.
William Watson,
Nancy Cartmill, Commissioner, moved to approve the petition to release claims against the Estate of Gordon Daniel Hazelett. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#205 RESOLUTION,
CABELL
RE: AUTHORIZE PARTICIPATION AND COOPERATION
IN THE
DEVELOPMENT GRANT PROGRAM
Robert L. Bailey, Commissioner, moved to approve the county’s participation
and cooperation in the
#206 LETTER,
RESOLUTION AND GRANT CONTRACT
RE:
ENHANCED COMMUNITY CORRECTIONS PROGRAM
$93,100.00 GRANT #08-CCF-60
Robert L. Bailey, Commissioner, moved to approve the grant contract for
funding, in the amount of $93,100.00, for the
THURSDAY, JULY 12, 2007
PAGE FOUR
#207 RESOLUTION,
CABELL
RE: IN THE MATTER OF AN ADVERTISEMENT FOR BIDS
TO BUILD A CABELL
Robert L. Bailey, Commissioner, moved to approve publishing of an advertisement
for bids for the new E-911 Center. Nancy
Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit
(D)
#208 RESOLUTION,
CABELL
RE: IN THE MATTER OF THE ADOPTION OF A
RESOLUTION TO BECOME A PARTICIPATING
PUBLIC EMPLOYER OF THE
EMERGENCY MEDICAL SERVICES RETIREMENT
SYSTEM
Nancy Cartmill, Commissioner, moved to approve the adoption of a
resolution for participation in the
Exhibit (E)
#209 RESOLUTIONS,
CABELL
RE: RECLASSIFICATION /EMPLOYMENT – CCEMS
Nancy Cartmill, Commissioner, moved to approve the reclassifications of Shane Skeens and Ricky L. Reynolds as full time EMT’s, effective July 13, 2007, with their rate of pay of $7.29 per hour; reclassifications of Kyle Jeffrey Adkins, Sean Michael Gue and Scott Michael Preston as full time temporary EMT’s, effective July 13, 2007, with their rate of pay of $7.29 per hour; the reclassification of John B. Perry as a per diem Paramedic, effective July 13, 2007, with a rate of pay of $10.80 per hour and the employment of Phillip Anthony Bowen as a per diem Paramedic, effective July 13, 2007, with a rate of pay of $7.29 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#210 RESOLUTION,
CABELL
RE: IN THE MATTER OF AN AMENDMENT TO A
RESOLUTION ESTABLISHING THE DISPATCHING
OF TOWING SERVICES FOR EMERGENCY
TOWING
OF VEHICLES
THURSDAY, JULY 12, 2007
PAGE FIVE
Stephen Zoeller,
Robert L. Bailey, Commissioner, moved to approve the amendment to the
resolution establishing the dispatching of towing services for the emergency towing
of vehicles. W. Scott Bias,
President, seconded the motion and the vote was as follows: Exhibit
(F)
W. Scott Bias, President aye
Robert
L. Bailey, Commissioner aye
Nancy Cartmill, Commissioner nay
#211 DISCUSSION/ACTION:
RE: CHANGE OF SCOPE AND
GRANT
Stephen Zoeller,
Nancy Cartmill, Commissioner, moved to approve the change of scope and to rebid the Court Security Grant. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#212 DISCUSSION/ACTION:
RE: CONTRACTING ATTORNEY TO ASSIST IN
COLLECTION OF DELINQUENT TAXES
W. Scott Bias, President, stated he believed the Commission needed to discuss on what bases an attorney would be hired to assist in the collection of delinquent taxes and since Tom Bell, Chief Tax Deputy, was not present, he believed this should be tabled.
Nancy Cartmill, Commissioner, stated she was fine with they way they had preceded with the previous attorney and she would like the commission to check with the Board of Education and other entities to see if they would be willing to pay their share on attorney fees.
William Watson,
THURSDAY, JULY 12, 2007
PAGE SIX
Robert L. Bailey, Commissioner, moved to table this item until clarification could be obtained and the Sheriff or Mr. Bell could be present. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#203 APPEARING,
R. LEE BOOTEN, II
RE:
ESTATE OF JOHN THOMAS VINTON
Lee R. Booten, attorney representing Wayne Paxton Vinton and his son, Wayne Edward Vinton, appeared before the Commission and informed them that when Wayne Paxton Vinton moved out of his house and into a nursing home, he allowed his son, John Thomas Vinton, to remain in said house. Mr. Booten went on to say that the furniture and furnishings belonged to Wayne Paxton Vinton. Mr. Booten stated that Wayne Edward Vinton helped Mr. Vinton with his bills.
Mr. Booten stated John Thomas Vinton died unexpectedly October, 2006 and the administrator of his estate, Keith Vinton, son of John Thomas Vinton, filed an appraisal of the estate showing the house as part of the estate of John Thomas and listed the house in the probate appraisal of John Thomas Vinton. Mr. Booten further stated his client, Wayne Paxton Vinton, was not listed as a beneficiary and has denied ever signing a deed in February 2005 and denied giving the house to his son, John Thomas Vinton. Mr. Booten stated a declaratory judgment, which was pending, has been filed in the Circuit Court.
Mr. Booten stated he was requesting the claims period be re-opened on the Estate of John Thomas Vinton, as the deed was fraudulently obtained, thus not allowing the plaintiffs sufficient time to file a claim against the estate before the expiration of the claims period.
Paul J. Prunty, attorney representing Keith Vinton, stated he believed the claims period did not need to be re-opened as there was a suit pending against the estate, therefore, Mr. Vinton could not close the estate even if he wished. Mr. Prunty further stated if the claims were to be re-opened, there was the possibility of more claims being filed against the estate and personal property was not a claim.
Mr. Prunty stated he believed the Commission no longer had jurisdiction over the estate and the matter would be taken care of in Circuit Court.
William Watson,
Robert L. Bailey, Commissioner, moved to affirm the estate should not be closed by reason of pending litigation and any disputed claims be filed against the estate and resolved as part of the litigation. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JULY 12, 2007
PAGE SEVEN
#213 DISCUSSION/ACTION:
RE: ASSESSMENT OF ADMINISTRATIVE FEE FOR E-911
AND CCEMS
Stephen Zoeller,
Nancy Cartmill, Commissioner, asked if the Commission was going to charge other offices in the Courthouse the same fee because of the services they were provided.
Mr. Zoeller stated that would not be a recommendation and Commissioner Cartmill asked why CCEMS and E-911 were singled out when no other office would be charged.
W. Scott Bias, President, stated it was because the other offices come out of the general fund budget and CCEMS and E-911 generate their own money and were self sufficient.
Commissioner Cartmill stated it has taken a long time for E-911 to become self sufficient and with the help of the tariff fees they have been able to raise employee’s salaries in order not to lose personnel. Commissioner Cartmill went on to say that E-911 was now in the process of building a new center and that center would need new equipment and she would hate to jeopardize their needs.
Commissioner Cartmill further stated CCEMS had done a wonderful with their money and that if Mr. Merry needed a new ambulance, he purchased the ambulance with his money and all of the new ambulance stations were built out of these funds, due to Mr. Merry’s good management. Commissioner Cartmill stated she did not believe E-911 and CCEMS should be penalized by adding an administrative fee.
Mr. Zoeller stated the administrative fees would not jeopardize the financial stability of either organization.
W. Scott Bias, President, stated he did not believe the Commission was penalizing the organizations because he believed the Commission had been generous in supporting them which had helped them to the place they were today.
Commissioner Cartmill stated the public had given the support through the tariff fees and levies and she did not believe telephone tariff fees could legally be used for administrative fees.
William Watson,
THURSDAY, JULY 12, 2007
PAGE EIGHT
Commissioner Cartmill stated the administrative costs were for the director and assistants at E-911. Commissioner Cartmill asked Mike Davis, E-911 Director, if other counties charged administrative fees. Mr. Davis stated he did not know if any counties charged administrative fees.
President Bias stated he believed CCEMS and E-911 were model agencies and it was due to good management and the Commission had given them the tools to reach that point.
Commissioner Cartmill stated she believed it was wrong to charge the administrative fees and asked how much money the fees would generate.
Mr. Zoeller stated it would be based on percentages of 1% to 5%.
Commissioner Cartmill stated she was told this fee would provide pay raises for the employees at the Courthouse and it was not right to fund a pay raise with the administrative fees from E-911 and CCEMS. Commissioner Cartmill went on to say if the Commission wanted to give pay raises to the employees, then they need to look at the carry-over at the end of the year to see what the county could afford and then give the raises.
President Bias stated he believed once you have become self sufficient, then you need to take responsibility for services provided. President Bias further stated that a lot of services were provided to CCEMS and E-911 and he believed they should pay for them.
Robert L. Bailey, Commissioner, asked Mr. Watson if charging an administrative fee was legal and Mr. Watson replied it was his opinion that it was legal to charge the fee.
After more discussion, Robert L. Bailey, Commissioner, moved to charge a 3% administrative fee from CCEMS and E-911. W. Scott Bias, President, seconded the motion and the vote was as follows:
W. Scott Bias, President aye
Robert
L. Bailey, Commissioner aye
Nancy
Cartmill, Commissioner nay
#214 LETTER,
CABELL
RE: WV CODE 7-7-7 (DEPARTMENT CONTROLLED BY
THE CABELL
Stephen Zoeller,
Robert L. Bailey, Commissioner, moved to approve the correction of Home Confinement’s payroll letter. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JULY 12, 2007
PAGE NINE
#215 RESOLUTION,
COAL SEVERANCE STATE BUDGET
REVISION
#1, FY 2007-2008
Robert L. Bailey, Commissioner, moved to approve the
#216 RESOLUTION,
GENERAL FUND,
REVISION
#1, FY 2007-2008
Nancy Cartmill, Commissioner, moved to approve General Fund County Budget Revision #1. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)
#217 RESOLUTION,
GENERAL FUND, STATE BUDGET
REVISION
#1, FY 2007-2008
Robert L. Bailey, Commissioner, moved to approve
William Watson, County Attorney, informed the Commission that on August 10, 2007, Judge Kaufman would hear the Foster Foundation suit against the Commission.
Stephen Zoeller,
Robert L. Bailey, Commissioner, stated he would like to meet with Mrs. Cole regarding the precinct changes that had been discussed at a previous meeting.
W. Scott Bias, President, adjourned the meeting at 11:15 a.m., until the next scheduled meeting on Thursday, July 26, 2007, at 10:00 a.m.
_____________________________________________
PRESDENT,
KSC:ar