COMMISSION MEETING

THURSDAY, JULY 27, 2006

 

PRESENT:                 W. SCOTT BIAS, PRESIDENT

                                    ROBERT L. BAILEY, COMMISSIONER

                                    NANCY CARTMILL, 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

 

W. Scott Bias, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVE:

 

Stephen Zoeller, County Manager, informed the Commission that an emergency item needed to be added to the agenda concerning the annual compensation letters from the June 29, 2006 meeting.  Mr. Zoeller stated that no formal motion was made to approve this item during the meeting.

 

Nancy Cartmill, Commissioner, moved to amend the agenda regarding the annual compensation letters.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve the amended agenda.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve purchase orders #174 B through #501 B and pay jackets.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  

 

Robert L. Bailey, Commissioner, moved to approve the minutes from the June 15, 2006 regular Commission meeting, minutes from the June 29, 2006 regular Commission meeting, 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 and Fort Dearborn Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

 

THURSDAY, JULY 27, 2006

PAGE TWO

 

#226                            APPEARING, KAREN COLE, COUNTY CLERK

 

                                    RE:  PRESENTATION OF CARRY-OVER AMOUNT FOR THE

                                            GENERAL FUND FOR FISCAL YEAR 2005-2006

 

Karen Cole, County Clerk, appeared before the Commission and informed them the carry-over amount for fiscal year 2005-2006 would be $2,251,755.00 less encumbrances in the amount of $1,023,706.00, bringing the unreserved carry-over amount to $1,228,049.00.

 

Nancy Cartmill, Commissioner, moved to approve presentation of the carry-over for fiscal year 2005-2006.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

#227                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE RELEASE AND

                                             SUBSTITUTION OF COLLATERAL BONDS

         BY FIRST SENTRY BANK

 

Robert L. Bailey, Commissioner, moved to approve the release and substitution of collateral bonds by First Sentry Bank.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#228                            RESOLUTION, CABELL COUNTY COMMISSION

                       

                                    RE:  IN THE MATTER OF PLEDGING COLLATERAL

                                             BONDS BY FIRST SENTRY BANK

 

Nancy Cartmill, Commissioner, moved to approve the pledging of collateral bonds by First Sentry Bank.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#229                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE RELEASE AND

                                             SUBSTITUTION OF LETTERS OF CREDIT

                                             BY FIRST SENTRY BANK

 

Robert L. Bailey, Commissioner, moved to approve the release and substitution of Letters of Credit by First Sentry Bank.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)   

 

 

 

 

 

THURSDAY, JULY 27, 2006

PAGE THREE

 

#230                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE PLEDGING OF A

                                             LETTER OF CREDIT BY FIRST SENTRY BANK

 

Nancy Cartmill, Commissioner, moved to approve the pledging of a Letter of Credit by First Sentry Bank.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D)

 

#231                            LETTER, ADELL CHANDLER, CIRCUIT CLERK

 

                                    RE:  INTEREST BEARING ACCOUNT – WV CODE 59-1-37

 

Adell Chandler, Circuit Clerk, informed the Commission her office had collected $13,515.17 in interest during the last fiscal year and that amount would be deposited in the General Fund Account.

 

Robert L. Bailey, Commissioner, moved to approve the letter from Adell Chandler, Circuit Clerk, regarding interest earned.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

#232                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  AUTHORIZE SUPPORT FOR CABELL 2006

                                             WATER PROJECT  

 

Chris Tatum, Assistant County Manager, informed the Commission this was a letter of support to the Governor’s Office for the water line extension project, which would include Little Cabell Creek Road, Jim Mount Road, Clark Hollow, Dog Fork of Smith Creek, Bryan Road and Nine Mile Road.      

 

Nancy Cartmill, Commissioner, moved to approve the letter to the Governor’s Office regarding the water line extension.  Robert L. Bailey, commissioner, seconded the motion and the vote was unanimous.

 

#233                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  AUTHORIZING THE FILING OF AN APPLICATION

                                             FOR SMALL CITIES BLOCK GRANT PROGRAM

                                             FUNDS   

 

Robert L. Bailey, Commissioner, moved to approve the filing of an application for Small Cities Block Grant Program Funds.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E) 

 

 

THURSDAY, JULY 27, 2006

PAGE FOUR

 

#234                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF ADOPTING THE CABELL

                                             COUNTY COMMUNITY DEVELOPMENT AND

                                             HOUSING NEEDS ASSESSMENT SUMMARY

 

Nancy Cartmill, Commissioner, moved to approve the adoption of the Cabell County Community Development and Housing Needs Assessment Summary.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#235                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  AUTHORIZE PARTICIPATION AND COOPERATION

                                             IN THE WEST VIRGINIA LOCAL ECONOMIC

                                             DEVELOPMENT GRANT PROGRAM

 

Robert L. Bailey, Commissioner, moved to approve the participation and cooperation in the West Virginia Local Economic Development Grant Program.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)

 

#236                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT – CCEMS

 

 

Nancy Cartmill, Commissioner, moved to approve the employment of Jeffrey L. Madden, full time EMT, Kelly Sue Rieder, temporary full time EMT, and Trenton E. Damron, temporary full time EMT, effective July 28, 2006, with a rate of pay of $6.82 per hour.   Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#237                            AWARD BID

 

                                    RE:  RESTORATION OF STONEWORK ON THE 7TH

                                             STREET EXTERIOR SIDE THE OF CABELL  

                                             COUNTY COURTHOUSE

 

Connie Gray, Administrator of Grant, Planning and Permits, stated bids were received from Keystone Waterproofing, Inc., for $83,792.00, and Olingtange Restoration, for $92,460.00, for the restoration of the stonework on the 7th Street exterior side of the Courthouse.

 

Robert L. Bailey, Commissioner, moved to accept the low bid of $83,792.00 from Keystone Waterproofing, Inc. for restoration of the stonework on the 7th Street side of the Courthouse.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

THURSDAY, JULY 27, 2006

PAGE FIVE

 

#238                            EXECUTE AGREEMENT AND NOTICE OF AWARD

 

                                    RE:  RESTORATION OF STONEWORK ON THE 7TH

                                             STREET EXTERIOR SIDE OF THE CABELL COUNTY

                                             COURTHOUSE

 

Nancy Cartmill, Commissioner, moved to execute the agreement and notice to proceed with Keystone Waterproofing, Inc., for the restoration of stonework on the 7th Street side of the Courthouse.  Robert L. Bailey, Commissioner, seconded the motion with the stipulation the county’s share of the grant come from the County Building fund.

 

Commissioner Cartmill asked what the cost would be for the restoration and Mr. Zoeller stated it would be approximately $20,000.00.

 

Commissioner Cartmill asked if there were any other funds available for this project.

 

Mr. Zoeller stated the funds could come from the Contingency Fund or from the Carry-over.

 

Commissioner Cartmill stated she believed the money should not be taken out of the Building Fund in case the Commission would need to use this fund at a later date especially as there were other funds that could cover the cost of this project. 

 

Commissioner Cartmill withdrew her motion.

 

Robert L. Bailey, Commissioner, moved to approve the restoration of the stonework and for the funds to come from the Building Fund.  W. Scott Bias, President, seconded the motion and the vote was as follows:

 

                                                            W. Scott, President                                            aye

                                                            Robert L. Bailey, Commissioner                        aye

                                                            Nancy Cartmill, Commissioner                        nay    

 

#239                            AWARD BID

 

                                    RE:  CABELL COUNTY PROPERTY ACQUISITION

                                             PROJECT FEMA DR-1455  

 

Connie Gray, Administrator of Grants, Planning and Permits, informed the Commission two bids were received for the Property Acquisition Project for the demolition of six properties located in the flood-plain.  Mrs. Gray went on to say the first bid was from Dirtworks Development, LLC, for $48,000.00 and the second bid was from Rex Scarberry & Sons for $24,900.00.   

 

 

 

 

THURSDAY, JULY 27, 2006

PAGE SIX

 

Nancy Cartmill, Commissioner, moved to accept the low bid from Rex Scarberry & Son, in the amount $24,900.00.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#240                            EXECUTE AGREEMENT AND NOTICE OF AWARD

 

                                    RE:  CABELL COUNTY PROPERTY ACQUISITION

                                             PROJECT FEMA DR-1455 

 

Nancy Cartmill, Commissioner, moved to approve notice of award and to execute the agreement with Rex Scarberry & Sons for the demolition of properties.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#241                            LETTER, RESOLUTION, AND GRANT CONTRACT

 

                                    RE:  TO PROVIDE FOR CONTINUED FUNDING OF A

                                             JUVENILE ASSISTANT PROSECUTOR FOR CABELL

                                             COUNTY GRANT ID#: 05-ABG-301 - $32,000.00

 

Mrs. Gray informed the Commission this was continuation of funding for an Assistant Juvenile Prosecutor. 

 

Robert L. Bailey, Commissioner, moved to approve the grant contract, in the amount of $32,000.00, for a Juvenile Assistant Prosecutor.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)

 

#242                            LETTER, RESOLUTION AND GRANT CONTRACT

                                   

                                    RE:  LEGISLATIVE ECONOMIC DEVELOPMENT

                                             ASSISTANT GRANT PROGRAM YMCA  

                                             PROJECT #: 05LEDA - $5,000.00

 

Mrs. Gray stated this grant was applied for in 2004 and would be used by the YMCA to make improvements to the auditorium floor and to make repairs to the parking lot.

 

Robert L. Bailey, Commissioner, moved to approve the grant contract, in the amount of $5,000.00, to be used by the YMCA.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (I)

 

 

 

 

 

 

 

 

THUESDAY, JULY 27, 2006

PAGE SEVEN

 

#243                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  AUTHORIZE THE PRESIDENT OF THE CABELL 

                                             COMMISSION TO SIGN A POWER OF ATTORNEY

                                             ALLOWING SCOTTSDALE INDEMNITY COMPANY

                                             TO DISPOSE OF A DAMAGED 2000 FORD CVP  

 

Nancy Cartmill, Commissioner, moved to approve the authorization for the President of the County Commission to sign a Power of Attorney to allow Scottsdale to dispose of a damaged 2000 Ford CVP.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#244                            REQUEST FOR CHANGE OF FIDUCIARY COMMISSIONER

 

                                    RE:  ESTATE OF ELLA MAE EDMONDS

 

Stephen Zoeller, County Manager, stated the Commission had received a letter from Herman Edmonds requesting that J. Roger Smith be removed as Fiduciary Commissioner as Mr. Smith had not had any contact with Mr. Edmonds.

 

William Watson, County Attorney, informed the Commission he had prepared an order to remove the Fiduciary Commissioner if the Commission so wished.   

 

Nancy Cartmill, Commissioner, moved to approve the removal of J. Roger Smith as Fiduciary Commissioner for the Estate of Ella Mae Edmonds.  W. Scott Bias, President, seconded the motion and the vote was as follows:

 

                                                            W. Scott Bias, President                                aye 

                                                            Robert L. Bailey, Commissioner                        nay

                                                            Nancy Cartmill, Commissioner                        aye     

 

#245                            DISCUSSION/ACTION

 

                                    RE:  CABELL COUNTY’S HOME CONFINEMENT

                                             PROGRAM

 

Stephen Zoeller, County Manager, stated that the number of inmates placed on Home Confinement had deceased to 50 to 60 persons per month, while, the Home Confinement’s staff was capable of handling 80 to 100 inmates.  Mr. Zoeller further stated he had discussed this with Oscar Adkins, Home Confinement Director, who recommended the reduction of one employee.

 

W. Scott Bias, President, stated he did not think the reduction one employee would be enough as Mr. Adkins’s budget did not have an increase in income to pay staff.

 

 

THURSDAY, JULY 27, 2006

PAGE EIGHT

 

Oscar Adkins, Home Confinement Director, stated that at one time they had 103 people in the program and now it was about 53 people per month due to the courts not placing the people in the Home Confinement Program.

 

Robert L. Bailey, Commissioner, moved to approve giving Mr. Adkins the direction to remove the necessary staff.  Motion died for lack of second.

 

After a lengthy discussion Nancy Cartmill, Commissioner, moved to approve a reduction in staff, of the last two employees hired, due to the decline of inmates in the Home Confinement Program.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Mr. Adkins asked for a time frame for the reduction and President Bias stated immediately.

 

#246                            FISCAL YEAR 2006-2007 AMENDED WV CODE 7-7-7

                                    LETTER

 

                                    RE:  CABELL COUNTY EMERGENCY MEDICAL SERVICES

                                             EMPLOYEES

 

Nancy Cartmill, Commissioner, moved to approve the amended the West Virginia Code 7-7-7 letters for Emergency Medical Service Employees.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#247                            LETTER, CABELL COUNTY COMMISSION TO THE

                                    WEST VIRGINIA REGIONAL JAIL AUTHORITY

                                   

                                    RE:  OBJECTIONS TO EMERGENCY RULES REGARDING

                                             PER DIEM COSTS   

 

Stephen Zoeller, County Manager, stated this was a letter of strong objection to the Emergency Rules filed by the Regional Jail Authority. 

 

Nancy Cartmill, Commissioner, moved to approve the letter of objection to the Emergency Rules regarding per diem costs.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#249                            RESOLUTION, CABELL COUNTY GENERAL FUND

                                    COUNTY REVISION #1, FY 2006-2007 

 

Robert L. Bailey, Commissioner, moved to approve General Fund County Revision #1.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (K)

 

 

 

THURSDAY, JULY 27, 2006

PAGE NINE

 

#250                            LETTERS, CABELL COUNTY COMMISSION

 

                                    RE:  WV CODE 7-7-7 (DEPARTMENTS CONTROLLED

                                              BY THE CABELL COUNTY COMMISSION)

 

Nancy Cartmill, Commissioner, moved to approve the WV Code 7-7-7 Letters regarding departments controlled by the County Commission.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#248                            DISCUSSION/ACTION

 

                                    RE:  PENDING LITIGATION

 

Nancy Cartmill, Commissioner, moved to go into Executive Session to discuss pending litigation.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

The Commission went into Executive Session at 10:48 a.m.

 

W. Scott Bias, President, reconvened the Commission meeting at 11:07 a.m., with no action taken.

 

Robert L. Bailey, Commissioner, moved to have William Watson, County Attorney, contact the attorney on record regarding the pending litigation.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

PLACE ON RECORD

 

Robert L. Bailey, Commissioner, moved to approve placing on record the minutes from the Greater Kanawha RC&D, Board of Directors, May 19, 2006; Pea Ridge Public Service District, Regular Meeting, June 12, 2006, Pea Ridge Public Service District, Special Meeting, June 16, 2006, Pea Ridge Public Service District, Special Meeting, June 23, 2006; Salt Rock Water Public Service District, Special Meeting, May 9, 2006, Salt Rock Water Public Service District, Special Meeting, June 6, 2006; Tri-State Airport Authority, Regular Meeting, May 18, 2006 and OTHER DOCUMENTATION TO BE RECORDED, Audit Report of Culloden Volunteer Fire Department’s Cabell County Fire Levy Fund Account; Ohio River Road Volunteer Fire Department Fire Protection Service, Firefighter Training and Economic Development Excess Levy, Financial Statement for Year Ended June 30, 2005; Independent Accountant’s Report on Apply Agreed-upon Procedures for Ona Volunteer Fire Department’s Excess Levy Account Dated June 28, 2006; Salt Rock Volunteer Fire Department Fire Protection Service, Firefighter Training and Economic Development Excess Levy, Financial Statements for Year Ended June 30, 2005 and The Bank of New York, Various Trust Account Information, June 30, 2006.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

THURSDAY, JULY 27, 2006

PAGE TEN

 

W. Scott Bias, President, adjourned the meeting at 11:35 a.m., until the next scheduled meeting on Thursday, August 10, 2006, at 10:00 a.m. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            _________________________________________

                                                                PRESIDENT, COUNTY COMMISSION

 

 

 

 

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