COMMISSION MEETING

THURSDAY, OCTOBER 20, 2005

 

PRESENT:                 ROBERT L. BAILEY, PRESIDENT

                                    W. SCOTT BIAS, COMMISSIONER

                                    WILLIAM T. WATSON, COUNTY ATTORNEY

                                    STEPHEN ZOELLER, COUNTY MANAGER

                                    SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

                                    CHRIS TATUM, ASSISTANT COUNTY MANAGER

                                    FOR PERSONNEL AND PURCHASING

 

ABSENT:                   NANCY CARTMILL, COMMISSIONER

 

Robert L. Bailey, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVE:

 

W. Scott Bias, Commissioner, moved to approve the agenda as presented.  Robert L. Bailey, President, seconded the motion and the vote was unanimous. 

 

W. Scott Bias, Commissioner, moved to approve purchase orders #1834A through #2156A and pay jackets.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to approve the minutes from the October 12, 2005 Special Commission meeting, erroneous assessments, land consolidations, split tickets and probate documentation.  Robert L. Bailey, President, seconded the motion and the vote was unanimous. 

 

W. Scott, 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 Medical Insurance Fund.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

“OPEN BIDS”            THREE (3) 2006 OR NEWER FORD E350 DUAL WHEEL

                                    CUTAWAY NARROW TYPE III TWO REAR WHEEL

                                    DRIVEN (4x4) AMBULANCES FOR CABELL COUNTY

                                    EMERGENCY MEDICAL SERVICES

 

Stephen Zoeller, County Manager, stated three bids were received for the ambulances.  Mr. Zoeller asked if anyone present had a proposal to submit and no other bids were presented.  The bids were given to Gordon Merry, CCEMS Director, for review.

 

 

 

 

 

THURSDAY, OCTOBER 20, 2005

PAGE TWO

 

CITIZENS REGISTERED TO SPEAK

 

Terri Smith, 4794 Prices Creek Road, appeared before the Commission to speak on the leash law.  Ms. Smith stated she operated a shelter for rescued animals and she believed the county’s leash law was unfair.  Ms. Smith went on to say that the she had never had to pay a fee to operate a shelter in other cities and she believed the county was being unfair to her and she had filed suit regarding the leash law in the Circuit Court.

 

William Watson, County Attorney, stated the Circuit Court had ruled in favor of the county’s leash law and if Ms. Smith believed it to be unfair, she could appeal this to the Supreme Court.  Mr. Watson further stated the fee, in the amount of $250.00, was to help fund Animal Control so they could go to sites to check out complaints.

  

#309                            PETITIONS TO APPOINT SHERIFF OF CABELL COUNTY

                                    TO ADMINISTER THE ESTATE OF CLARA M. SOVINE

 

William Watson, County Attorney, stated this petition was a request for the Sheriff to be appointed as the Administer of the Estate of Clara M. Sovine.  Mr. Watson further stated it was determined that the estate had assets in Cabell County and he would recommend the Commission approve this matter.

 

W. Scott Bias, Commissioner, moved to appoint the Sheriff of Cabell County as the Administrator of the Estate of Clara M. Sovine.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#310                            APPEARING, JOHN LAISHLEY, ESQUIRE

 

                                    RE:  PETITION OF LYNDEN MASSIE TO WITHDRAW AS

                                          ADMINISTRATOR OF THE ESTATES OF ERVA

                                 WINSTON COOPER AND THELMA NAOMI COOPER

                                 AND TO APPOINT SUCCESSOR ADMINISTRATRIX

 

William Watson, County Attorney, stated this petition was for the withdraw of Lyden Massie as the Administrator of the Estates of Erva Winston Cooper and Thelma Naomi Cooper and to appoint the sole heir, Jessica Cooper Tackett.  Mr. Watson further stated that the Estate of Erva Cooper had been closed and the Administrator, Mr. Massie, had been discharged of his duties, however, with respect to the Estate of Thelma Naomi Cooper there were a series of problems regarding an accurate accounting of the estate.  Mr. Watson went on to say there would be a risk if Jessica Cooper Tackett was appointed Administratrix of the Estate without the knowledge of what happen previously, as she would be responsible for actions.  

 

Lisa A. Tackett, Attorney for Jessica Cooper Tackett, stated that in the order she had prepared, Ms. Tackett would be responsible from this date forward and that Mr. Massie would still be responsible for previously actions and accounting.

 

 

THURSDAY, OCTOBER 20, 2005

PAGE THREE

 

Mr. Watson stated he understood, however, since the accounting of the estate had not been completed, he would only recommend that the appointment of Jessica Cooper Tackett as the successor and Administratrix of the estate be contingent upon receiving up to date accounting of said estate.

 

After a lengthy discussion, Mr. Watson recommended that Jessica Cooper Tackett be appointed as Administratrix of the estate of Thelma Naomi Cooper; that Jessica Cooper Tackett go to the Probate office and reopen the estate of Erva Winston Cooper; that Jessica Cooper Tackett be appointed as Administratrix to the Erva Winston Cooper estate all contingent upon the accounting of the assets of both estates be provided to the Probate office within fourteen days.

 

W. Scott Bias, Commissioner, moved to take the recommendation of William Watson, County Attorney, regarding the Cooper estates.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#311                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT   

 

W. Scott Bias, Commissioner, moved to approve the employment of Barbara Jo Wooten as a full-time paramedic, effective October 21, 2005, with a rate of pay of $8.71 per hour.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#312                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT  

 

W. Scott Bias, Commissioner, moved to approve the employment of Cathy Deering as secretary for the Day Report Center, effective November 1, 2005.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  

 

#313                            DISCUSSION/ACTION

 

                                    RE:  ROBERT NEWLON AIRPORT, INC. 

 

Carl Bailey, Jr., President of the Robert Newlon Airport Inc., appeared before the Commission to request permission to proceed with plans for the airport property they lease from the Commission.   Mr. Bailey stated he believed by building airplane hangers, putting in an RV Park and a dock would generate funds for the area. 

 

Mr. Bailey stated he would feel better doing this project if the Commission would eliminate the thirty day clause in the lease agreement which states that the county could take the property back with a thirty day notice.

 

 

THURSDAY, OCTOBER 20, 2005

PAGE FOUR

 

W. Scott Bias, Commissioner, stated that the thirty day notice states that the county must reimburse Robert Newlon Airport Inc., for any money spent as long as the Commission approved of any structures built on the property.  Commissioner Bias further stated he would like to see a firm plan with a time frame for the property before he would consider waiving the thirty day clause in the agreement.

 

W. Scott Bias, Commissioner, moved to table this item until the next meeting.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#314                            DISCUSSION/ACTION

 

                                    RE:  DIRECTOR, CABELL COUNTY’S EMERGENCY

                                             RESPONSE CENTER

 

Stephen Zoeller, County Manager, stated that Shirley Lawson, Director of E-911, would be retiring December 31, 2005 and the Commission should advertise soon for that position so  that  Ms. Lawson’s replacement could begin working with her before she left. 

 

W. Scott Bias, Commissioner, moved to post the position for the Director of E-911 and to begin interviews November 7, 2005.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#315                            AWARD OF CONTRACT

 

                                    RE:  CABELL COUNTY COURTHOUSE ROOF

 

Connie Gray, Administrator for Grants, Planning and Permits, stated there was only one bid for this project and the bid was for $188,000.00.  Ms. Gray further stated that the funds from this grant would need to be spent by June 2005.

 

W. Scott Bias, Commissioner, moved to approve awarding the bid to Fairfax, Inc., of Chesapeake, Ohio, in the amount of $188,000.00.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#316                            DISCUSSION: REGIONAL JAIL BILL

 

Stephen Zoeller, County Manager, stated the Commission was currently in a law suit with the Regional Jail Authority regarding the amount of the jail bill the Commission believed it should be responsible for.  Mr. Zoeller went on to say if  county should lose the lawsuit, it would not be able to pay the contested amount and so, in order for the county to be prepared, it should place money in an escrow account to help offset an adverse ruling.

 

 

 

 

 

THURSDAY, OCTOBER 20, 2005

PAGE FIVE

 

Robert L. Bailey, President, stated he had been concerned about the amount of money budgeted in the jail line item and he would like, if the county should have extra funds, to place money in an escrow account in case the county should lose the suit.

 

W. Scott Bias, Commissioner, stated he would like for the County Manager, if there were surplus funds, to bring the matter before the Commission so the money could be placed in escrow account or some other fund to be used for the jail bill if needed.

 

#317                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  AMENDING THE LEGAL HOLIDAYS FOR THE

                                             CABELL COUNTY COMMISSION  

 

Stephen Zoeller, County Manager, informed the Commission the West Virginia Legislature amended the state code to provide the fourth Thursday and the fourth Friday of November to be observed as the Thanksgiving Holidays, therefore, the county must amend their legal holiday policy.

 

W. Scott Bias, Commissioner, moved to amend the Legal Holiday scheduled for 2005 by adding the additional holiday.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#318                            RESOLUTION, CABELL COUNTY GENERAL FUND,

                                    COUNTY BUDGET REVISION #1, FY 20005-2006

 

W. Scott Bias, Commissioner, moved to approve General Fund County Budget Revision #1 for 2005-2006.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#319                            LOAN/GRANT APPLICATION TO THE STATE ELECTION

                                    COMMISSION FOR COUNTY VOTING EQUIPMENT

 

Stephen Zoeller, County Manger, informed the Commission this was actually two applications, one was for a loan from the Secretary of State for $133,000.00 and the other application would be an application for a grant, in the amount of $133,000.00.   

 

Mr. Zoeller stated that the Commission had not received an official letter from the Secretary of State indicating the amount of funding they would give the Commission regarding the voting equipment, therefore, he would request the Commission give the County Attorney and County Manager the authority to make any needed adjustments in the amount of the loan or grant if needed.

 

W. Scott Bias, Commission, moved to approve the application for loan, in the amount of $133,000.00, and the application for a grant, in the amount of $133,000.00, and to allow the County Attorney and the County Manager to make the necessary adjustments if needed.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  

THURSDAY, OCTOBER 20, 2005

PAGE SIX

 

OPEN BIDS FOR THREE AMBULANCES

 

Gordon Merry, CCEMS Director, stated he had reviewed the three proposals for the new ambulances and was ready to give the Commission a recommendation.  Mr. Merry informed the Commission the first bid was from Medix, Elkhart, Indiana for $78,396.00, the second bid was from J&J Emergency Vehicle Sales, Morgantown, West Virginia for $68,695.00 and the third bid was from Pfund Superior Sales, Birell, Pennsylvania for $68,093.00.  Mr. Merry recommended the Commission accept the low bid.

 

W. Scott Bias, Commissioner, moved to accept the low bid of $68,093.00 from Pfund Superior Sales for the purchase of three ambulances.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to go into Executive Session to discuss a personnel matter.  Robert L. Bailey, President, seconded the motion.

 

The Commission recessed the meeting at 11:30 a.m.

 

The Commission reconvened the regular session at 12:15 p.m., with no action taken.

 

PLACE ON RECORD

 

W. Scott Bias, Commissioner, moved to place on record the minutes from the Culloden Public Service District, Regular Meeting, July 20, 2005; Culloden Public Service District, Special Meeting, August 31, 2005; Greater Kanawha RC&D Board of Directors, September 21, 2005; Pea Ridge Public Service District, Regular Meeting, September 12, 2005; Regional Plant Operating Committee, Regular Meeting, July 21, 2005; Tri-State Airport Authority, Regular Meeting, August 18, 2005 and OTHER DOCUMENTATION TO BE RECORDED: Cabell-Huntington Health Department, Environmental Narratives, April, 2005, May, 2005, June, 2005, July, 2005, August, 2005; Cabell-Huntington Health Department, Children’s Dental Education Report, June, July, August, 2005; Cabell-Huntington Health Department Monthly Reports, Clinic, June, 2005 and July, 2005; Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, September, 2005 and The Bank of New York, Various Trust Account Statements, September 30, 2005.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, President, adjourned the meeting at 12:25 p.m., until the next regular scheduled meeting on Thursday, November 3, 2005, at 10:00 a.m.

 

 

 

                                                            ­­­­­­­­­­­­­­_________________________________________

                                                                PRESIDENT, COUNTY COMMISSION

 

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