COMMISSION MEETING

THURSDAY, NOVEMBER 2, 2006

 

PRESENT:                 W. SCOTT BIAS, PRESIDENT

                                    ROBERT L. BAILEY, COMMISSIONER

                                    NANCY CARTMILL, COMMISSIONER

                                    WILLIAM T. WATSON, COUNTY ATTORNEY

                                    STEPHEN ZOELLER, COUNTY MANAGER

                                    CONNIE GRAY, ADMINISTRATOR FOR GRANTS

                                    PLANNING AND PERMITS

                                    CHRIS TATUM, ASSISTANT COUNTY MAMAGER

                                    FOR PERSONNEL AND PURCHASING

 

ABSENT:                   SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

 

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

 

Stephen Zoeller, County Manager, stated there were two items that needed to be added to the agenda.  Mr. Zoeller went on to say the first item was a request for funding for the Guyandotte Civil War Days and Raid on Guyandotte, Inc. and the second item was a report from the E-911 Advisory Board.

 

Robert L. Bailey, Commissioner, moved to approve amending the agenda to include the funding for the Guyandotte War Days and a report from the E-911 Advisory Board.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

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

 

Robert L. Bailey, Commissioner, moved to approve purchase orders #2092 B through #2584 B and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Nancy Cartmill, Commissioner, moved to approve erroneous assessments, land consolidations, split tickets and probate documentation.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, 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 and Guyandotte Civil War Days, purchase order #2585 B, for $1,000.00.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

 

THURSDAY, NOVEMBER 2, 2006

PAGE TWO

 

CITIZENS REGISTERED TO SPEAK

 

Michael Seaton, Vice Chairman of the Pea Ridge Public Service District, appeared before the Commission and read a letter he had prepared regarding his reappointment to the Pea Ridge PSD, which was up in September 2006.  Mr. Seaton stated he had served for eight years and believed he had a vital role in turning the Pea Ridge PSD around and he could not understand why he had not been re-appointed.

 

W. Scott Bias, President, thanked Mr. Seaton for his comments and updates on the Pea Ridge PSD and informed Mr. Seaton since this was not on the agenda it could not be discussed.

 

Commissioner Cartmill asked if there was a reason the re-appointment had not been placed on the agenda.  President Bias stated he was not aware of any.

 

Commission Bailey stated he was concerned about the Public Service Districts because they have a habit of doing things without the Commission’s knowledge.  Mr. Seaton informed Commissioner Bailey all activities concerning the Pea Ridge PSD were in the minutes that the Commission received monthly.

 

#325                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE RELEASE OF COLLATERAL

                                             BONDS BY FIRST SENTRY BANK

 

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

 

#326                            APPEARING, DANIEL T. YON, ESQUIRE

 

                                    RE:  ESTATE OF CHARLES LABE BROWN

 

William Watson, County Attorney, informed the Commission that Daniel T. Yon, Attorney for Sarah E. Henderson, was requesting that Joseph Labe Brown, Administrator for the Estate of Charles Labe Brown, be removed as the Administrator and to require that Mr. Brown give a full accounting of the estate. 

 

Leo Oxley, Attorney for Joseph L. Brown, stated that part of the delay was due to there being rural property in the estate and the need to hire an appraiser.   Mr. Oxley also stated Mr. Brown had requested a list of assets from his sister, Sarah Henderson, and there seemed to be some difficulty in obtaining the documents. Mr. Oxley informed the Commission that once the appraisement was completed, his client would file an appraisement.  Mr. Oxley requested that Mr. Brown not be removed and that the Commission allow 60 days for the appraisement to be filed.

 

 

THURSDAY, NOVEMBER 2, 2006

PAGE THREE

 

Mr. Watson stated he would recommend the petition be denied and that Mr. Brown be allowed 60 days to file an appraisement.

 

Nancy Cartmill, Commissioner, moved to deny the petition to remove Joseph Labe Brown as the Administrator of the Estate of Charles Labe Brown and to allow 60 days for Mr. Brown to file an appraisement.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#327                            ORDER IN THE ESTATE OF LUCILLE IRENE GUE 

 

Mr. Watson stated this had been heard by the Commission at an earlier meeting and since Mr. Fredeking had filed an accounting of the estate, he would recommend the petition be granted.

 

Robert L. Bailey, Commissioner, moved to approve the order regarding the resignation of R. R.  Fredeking, II, as the Executor of the Estate of Lucille Irene Gue.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#328                            APPEARING, DAVID TYSON, ESQUIRE

 

                                    RE:  PETITION FOR ANNEXATION WITHOUT ELECTION

                                            OF A PORTION OF HIGHLAND PARK SUBDIVISION,

                                             BARBOURSVILLE, CABELL COUNTY

 

David, Tyson, Attorney for the Village of Barboursville, informed the Commission that this annexation would include six parcels of land.  Mr. Tyson stated this would be an annexation without election, since the owners of the property wanted to be within the city limits.

 

Robert L. Bailey, Commissioner, moved to adopt an order to annex property located in the Village of Barboursville within the Highland Park subdivision.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)#329                                              

#329                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT RECLASSIFICATION – CCEMS 

 

Robert L. Bailey, Commissioner, moved to approve the reclassification of Justin Tyler Howland, as a full-time Paramedic for CCEMS, effective November 3, 2006, with a rate of pay of $8.97 per hour.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

 

 

THURSDAY, NOVEMBER 2, 2006

PAGE FOUR

 

#330                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYEMENT RECLASSIFICATION – E-911 

 

Nancy Cartmill, Commissioner, moved to approve the reclassification of Stacie Nicole Lawson as a full-time regular Telecommunicator/Dispatcher for E-911, effective October 6, 2006, with a rate of pay of $9.92 per hour.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#331                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  NOMINATION – CABELL/WAYNE LOCAL

                                             EMERGENCY PLANNING COMMITTEE 

 

Nancy Cartmill, Commissioner, moved to approve the nomination of Michael G. Tatum as a member of the Cabell/Wayne Local Emergency Planning Committee to represent Emergency Management.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#332                            RESOLUTION, CABELL COUNTY COMMISSION 

 

                                    RE:  APPROVAL FOR COUNTY EMPLOYEES TO

                                             PARTICIPATE IN THE WEST VIRGINIA 457     

                                             DEFERRED COMPENSATION PLAN

 

Karen Cole, County Clerk, informed the Commission that seeing she only had one payroll clerk, who does four payrolls a month and that currently the county had thirty-one payroll deduction programs, she believed guidelines needed to be set, as sometimes only one or two employees were participating in these programs.

 

President Bias stated he believed guidelines did need to be set, however, he believed this plan was a state sponsored plan and the employees should have this plan.

 

Nancy Cartmill, Commissioner, inquired as to which state agency had approved or sponsored this plan, to which no one had a response.

 

Robert L. Bailey, Commissioner, moved to table this matter until the first meeting in January, 2007 and to meet with the County Clerk and work on establishing guidelines for payroll deduction programs.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

 

 

 

 

 

THURSDAY, NOVEMBER 2, 2006

PAGE FIVE

 

#333                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN SUPPORT OF THE “SAVE LITTLE LEAGUE 3”

                                             PROJECT

 

Robert L. Bailey, Commissioner, stated this resolution was in support for a proposed new League 3 Complex to be located on the corner of 7^th Street West and Memorial Boulevard.  Commissioner, Bailey further stated that the new Cammack School buildings would eliminate League 3’s ball fields.

 

Robert L. Bailey, Commissioner, moved to approve adoption of a resolution to support the project “Save Little League 3.”  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.   Exhibit (D)

 

#334                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ESTABLISHMENT OF

                                             REGULAR MEETINGS FOR THE CABELL COUNTY

                                             COMMISSION FROM JANUARY 1, 2007 THROUGH

                                             JUNE 30, 2007

 

Nancy Cartmill, Commissioner, moved to approve the resolution of establishing the regular meetings for the Cabell County Commission from January 1, 2007 through June 30, 2007.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)

 

#335                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF SETTING LEGAL HOLIDAYS

                                           FOR THE COUNTY COMMISSION FOR CABELL

                                           COUNTY, FOR 2007

 

Robert L. Bailey, Commissioner, moved to approve in the resolution setting legal holidays for the Cabell County Commission for 2007.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F) 

 

#336                            RESOLUTION, GENERAL FUND, COUNTY BUDGET

                                    REVISION #3, FY 2006-2007

 

Robert L. Bailey, Commissioner, moved to approve General Fund, County Budget Revision #3.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)

 

 

 

 

THURSDAY, NOVEMBER 2, 2006

PAGE SIX

 

#337                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ADOPTION OF A

                                             RESOLUTION TO ALLOCATE HOTEL OCCUPANCY

                                             TAX FUNDS TO GUYANDOTTE CIVIL WAR DAYS

                                             RAID ON GUYANDOTTE, INC.

 

Robert L. Bailey, Commissioner, moved to approve allocation of funds, in the amount of $1,000.00, from the Hotel Occupancy Tax Levy Funds to the Guyandotte War Days and Raid on Guyandotte, Inc.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)

 

#338                            REPORT FROM THE E-911 ADVISORY BOARD

 

Mike Davis, E-911 Director, stated the new E-911 Center was in need of consulting services and they had received a proposal from the architects, Kimball & Associates, who designed the new center.  Mr. Davis further stated these services would be for the software system, radios, tower, mapping system and several other important areas.

 

Nancy Cartmill, Commissioner and Chairman of the E-911 Advisory Board, stated the board had discussed this and were recommending the use of a consulting service.

 

Nancy Cartmill, Commissioner, moved to approve the use of consulting service by Kimball & Associates.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Commissioner Bailey thanked Assistant County Manager, Chris Tatum, for his work during the Halloween Night at the Courthouse.

 

Karen Cole, County Clerk, informed the Commission as of Wednesday, November 1^st, 2,325 people had voted during the early voting period.

 

W. Scott Bias, President, adjourned the meeting at 11:15 a.m., until the next regular scheduled meeting Thursday November 16, 2006, at 10:00 a.m.

 

 

 

 

 

 

                                                            _____________________________________________

                                                                  PRESIDENT, COUNTY COMMISSION  

 

 

 

KSC:ar