Commission Meets in Regular Session By Cathy Patton WELCH – A number of lengthy agenda items were tabled, which created an unusually brief County Commission Meeting, March 12. Commissioners Gordon Lambert and Ray Bailey were present for the meeting and Commissioner Harold McBride was absent. Bills approved to be paid included $31,764.04, General County; $51,236,27, Coal Fund and $77,773.43, Correctional Facility, for a total of $160,773.74. In making budget revisions, the Commission approved $14,658 for the Circuit Clerk’s Office; $250,000, Courthouse and $95,619, Sheriff’s Office. Other approved agenda items included Probate, tax exonerations, a $2,023.22 drawdown for the Coalwood Sewage Project and minutes. In a separate matter, the Commission acknowledged DEP Permits. County Clerk Don Hicks addressed the Commission on several items, including the proper procedure for hiring a dentist and doctor for the Stevens Correctional Facility, Courthouse repairs, Alternative Sentencing, Correctional Office Civil Service and mold remediation. After sharing a portion of the state code pertaining to hiring, Hicks opined that the positions for the doctor and dentist at the Stevens Facility must be put out to bid. “The statue says that’s the only way to appoint them,” Hicks said. Prosecutor Ed Kornish then advised the Commission to refer the matter to Sid Bell, the attorney for the Stevens Facility. Moving on, Hicks said that humidity must be kept at 60 percent at all times when the mold remediation in the courthouse is complete because failing to do so would void the warranty. In another matter related to mold remediation, Hicks said if the old down spouts being removed are copper that they could be sold for a profit. Touching on the Civil Service issue, Hicks opined, “You must have a Civil Service (Board) when you have Correctional Officers.” In response to Commissioner Lambert’s inquiry on the Civil Service matter, Prosecutor Ed Kornish stated that the issue has been raised before and that, in his opinion, the jail closing and the Stevens opening did away with the Civil Service Board. Regarding the Alternative Sentencing Program, Hicks opined that it is “illegal” for the County Clerk’s Office to do the ASP payroll because they are not a county office. Commissioner Lambert replied that the Attorney General has already been asked for an opinion on the matter and that the AG’s opinion is expected soon. Kevin Wade tabled his agenda items but at the end of the meeting asked to address the Commission. “I come as a citizen to address the Commission and ask for no interruptions,” he said. Hicks cautioned, “Anything tabled can’t be discussed,” later adding that anyone who Wade discussed “has a right to rebuttal.” Hicks said that he wanted to speak following Wade’s remarks. Prosecutor Kornish agreed that Wade could speak but advised that Wade could not discuss any tabled agenda items. County Administrator Jennifer Wimmer noted that state law allows anyone to speak at a Commission Meeting if the individual registers at least 15 minutes prior to the meeting. However, Wimmer said the Commission cannot vote on anything that is not on the agenda. Wade said the information he wished to discuss was “pertinent to the business of the county” and reminded Commissioner Lambert that he is “president of the Commission.” Lambert responded that he would follow the legal advice of Prosecutor Kornish. In closing, Wade said he pleads in court, not in public. “I will talk Monday, March 17, elsewhere, not at a Commission Meeting,” he said. The Commission meets monthly in regular session on the second and fourth Wednesday.
Posted on: Thu, 13 Mar 2014 20:04:10 +0000
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