COMMISSION MEETING

THURSDAY, FEBRUARY 9, 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 scheduled meeting of the Cabell County Commission to order at 10:00 a.m. 

 

APPROVE;

 

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

 

Robert L. Bailey, Commissioner, moved to approve purchase orders #3906 A through #4098 A and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the minutes from the January 12, 2006, regular meeting, January 26, 2006, regular meeting, February 1, 2006, special meeting, erroneous assessments, land consolidations, split tickets and probate documentation.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#026                            ORDER, CABELL COUNY COMMISSION

 

                                    RE:  SUBMISSION OF EXCESS LEVY FOR THE

                                             MAY 6, 2006 ELECTION

 

Nancy Cartmill, Commissioner, moved to approve the order for the submission of excess levies for specified purposes, for a five year period, to be placed on the ballot for the Primary Election to be held May 6, 2006.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

 

 

 

 

 

 

THURSDAY, FEBRUARY 9, 2006

PAGE TWO

 

 

#027                APPEARING, PAUL J. PRUNTY, ATTORNEY AT LAW

 

                        RE:  MOTION TO APPOINT THE SHERIFF AS ADMINISTRATOR

                                 TO THE ESTATE OF MICHELLE M. TIPTON

 

Paul J. Prunty, Attorney for Virgil Jobe, appeared before the Commission requesting the Sheriff of Cabell County be appointed as the Administrator for the Estate of Michelle M. Tipton.  Mr. Prunty stated that no one had applied or been appointed as the Administrator of said estate and there was a law suit pending against the estate.

 

William T. Watson, County Attorney, informed the Commission that he and Chief Tax Deputy, Tom Bell, had reviewed this request and found the request to be in order as there were assets in Cabell County.

 

Robert L. Bailey, Commissioner, moved to approve the order to appoint the Sheriff as the Administrator for the Estate of Michelle M. Tipton.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#028                APPEARING, PAUL A. RYKER, ATTORNEY AT LAW

                       

                        RE:  PETITION TO REMOVE MS. JEFFREY LYNN BAILEY

                                 AS EXECUTRIX IN THE ESTATE OF DAVID ALAN BAILEY;

                                 AND, TO APPOINT JUSTIN BAILEY AS THE SUCCESSOR

                                 PERSONAL REPTRESSENTATIVE 

 

Mr. Ryker appeared before the Commissioner requesting to place on the next agenda a petition to remove Ms. Jeffrey Lynn Bailey as the Executrix in the Estate of David Alan Bailey and to appoint Justin Bailey.  Mr. Ryker stated that Ms. Bailey had failed to submit an accurate appraisement or accounting of the estate in a timely manner.  Mr. Ryker went on to say that if the Commission should place this on the next agenda, this would give him time to notify all parties involved.

 

Robert L. Bailey, Commissioner, moved to hear the petition to remove Ms. Jeffrey Lynn Bailey as the Executrix for the Estate of David Alan Bailey and to appoint a successor on February 23, 2006.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

 

 

 

 

 

 

THURSDAY, FEBRUARY 9, 2006

PAGE THREE

 

 

#029                            APPEARING, ROBERT M. LEVY, ESQUIRE

 

                                    RE:  MOTION TO APPOINT THE SHERIFF AS THE

                                             ADMINISTRATOR TO THE ESTATE OF ALBERT

                                                SAYBLE 

 

William Watson, County Attorney, stated he had reviewed this petition and found it to be in order and would recommend the Commission sign the order.  Mr. Watson further stated that Webco, a creditor of the estate, was requesting the Commission appoint the Sheriff as the Administrator since no one was interested in being appointed to administer the estate.  Mr. Watson went on to say the estate had assets in Cabell County.

 

Nancy Cartmill, Commissioner, moved to approve the petition to appoint the Sheriff of Cabell County as the Administrator for the Estate of Albert Sayble.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#030                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  DAY REPORT CENTER/COMMUNTIY CORRECTIONS

                                            PROGRAM REQUEST TO AMEND THE BUDGET

 

Oscar Adkins, Day Report Center Director, explained the budget revisions to the Commission.  Mr. Adkins stated the revision would be for the purchase of equipment and salary adjustments.

 

Commissioner Bailey asked Mr. Adkins to explain about the Reserve Deputies for the Day Report Center.

 

Kim Wolfe, Cabell County Sheriff, stated that in the request for grant money for the Day Report Center, part of the agreement would be that administrative custody would be provided by the Sheriff’s Department for the Report Center.  Sheriff Wolfe further stated when he spoke with the Judge he had informed him that Reserve Deputies would be qualified to monitor the released inmates and they were now in the process of choosing the reserve deputies.

 

Commissioner Bailey asked the Sheriff if this had been cleared by the Cabell County Deputies and Sheriff Wolfe replied it had and the deputies were in agreement with Reserve Officers being used to monitor the released inmates.

 

William Watson, County Attorney, asked Sheriff Wolfe if the Reserve Deputies would be considered employees of the Sheriff’s Department and the Sheriff replied they would not.  Mr. Watson stated he was concerned about the liability issue and Sheriff Wolfe stated that the statue would take care of the issue of liability.

 

 

THURSDAY, FEBRUARY 9, 2006

PAGE FOUR

 

Mr. Watson stated he would review the liability issue and report by to the Commission.

 

Robert L. Bailey, Commissioner, moved to approve the request to amend the Day Report Community Correction’s budget.   Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#031                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  REQUEST TO AMEND COURTHOUSE FACILITES

                                             GRANT APPLICATION TO INCLUDE THE 7TH

                                             STREET SIDE OF THE COURTHOUSE

 

Stephen Zoeller, County Manager, stated the Commission had approved a grant application several months ago, requesting money to make repairs and restoration to the 4th Avenue side of the Courthouse.  Mr. Zoeller further stated that the 7th Street side of the Courthouse now had a more urgent need, therefore, the Commission was requesting an amendment in order to take care of the needed repairs.

 

Nancy Cartmill, Commissioner, moved to approve the request to amend the grant application for repairs to the 7th Street side of the Courthouse.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#032                            AGREEMENT, CABELL COUNTY COMMISSION

 

                                    RE:  USE OF COURTHOUSE GROUNDS PERMIT                                                                 “NATIONAL DAY OF PRAYER” MAY 4, 2006 

 

Nancy Cartmill, Commissioner, moved to approve the grounds permit for the “National Day of Prayer”, to be held May 4, 2006.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Mrs. Roslyn Foster, Coordinator for the Day of Prayer, requested they be allowed to use the 8th Street side of the Courthouse instead of the 4th Avenue side and the Commission agreed to this request.

 

#033                            RESOLUTION, CABELL COUNTY COMMISSION

                                    COUNTY BUDGET REVISION #4

 

Stephen Zoeller, County Manager, stated this budget revision was in regards to the Circuit Clerk’s Office.

 

Robert L. Bailey, Commissioner, moved to approve County Budget Revision #4.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

 

 

THURSDAY, FEBRUARY 9, 2006

PAGE FIVE

 

#034                            DISCUSSION/ACTION – PLACEMENT OF THE 6TH STREET

                                    BRIDGE SPIRE

 

Charles Holley, Director of Development and Planning, appeared before the Commission requesting that the Commission’s 6th Street bridge spire be given to the City of Huntington so it could be used with Huntington’s bridge spire for placement in the downtown area.  Mr. Holley informed the Commission that bids would be going out next month for placement of the spires and presented plans to the Commission.  

 

Robert L. Bailey, Commissioner, moved to approve giving the 6th Street bridge spire to the City of Huntington.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#035                            LETTER, GREATER HUNTINGTON PARK AND

                                    RECREATION DISTRICT FOR SETTING THE

                                    LEVY RATES FOR 2006-2007

 

Nancy Cartmill, Commissioner, moved to approve acceptance of the letter from the Greater Huntington Park and Recreation District for setting the levy rates for 2006-2007.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#036                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  $2,000 CONTRIBUTION FROM HOTEL/MOTEL TAX

                                              FUNDS TO THE TRI-STATE FIRE ACADEMY

 

Robert L. Bailey, Commissioner, moved to amend the resolution to raise the contribution from $2,000.00 to $3,100.00.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve giving the Tri-State Fire Academy $3,100.00, from the Hotel/Motel Occupancy Tax Funds.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

Gordon Merry, CCEMS Director, gave the Commission a tentative schedule for the ground breaking for the new CCEMS Station.

 

Mike Davis, CCERC Director, stated that the Phase II on the Mapping and Addressing system was schedule to begin in May.

 

Mr. Davis also brought to the Commission’s attention a Senate bill, which dealt with the wireless fee that would have a direct impact on E-911.

 

 

 

 

THURSDAY, FEBRUARY 9, 2006

PAGE SIX

 

Stephen Zoeller, County Manager, stated he had requested that Judge Pancake move the hearing on the jail suit up to mid March in order to help with the preparation of the county’s budget for 2006-2007.

 

William Watson, County Attorney, stated he had just received a letter this morning from Judge Pancake stating that he could not accommodate the Commission by moving the hearing  to mid March because he had four jury trials.

 

W. Scott Bias, President, adjourned the meeting at 10:55 a.m., until the next regular scheduled meeting on Thursday, February 23, 2006, at 10:00 a.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            ____________________________________________

                                                                  PRESIDENT, COUNTY COMMISSION

 

 

 

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