COMMISSION MEETING
THURSDAY, MAY 18, 2006
PRESENT: ROBERT L. BAILEY, PRESIDENT PRO-TEM NANCY CARTMILL, COMMISSIONER
WILLIAM T. WATSON, COUNTY ATTORNEY
STEPHEN ZOELLER, COUNTY MANAGER
CHRIS TATUM, ASSISTANT COUNTY
MANAGER
FOR PERSONNEL AND PURCHASING
CONNIE GRAY, ADMINISTRATOR OF
GRANTS,
PLANNING AND PERMITS
ABSENT: W. SCOTT BIAS, PRESIDENT
SHARON ROSS, ASSISTANT COUNTY
MANAGER
FOR BILLABLES AND PAYABLES
Robert L. Bailey, President Pro-tem, called the regular meeting of the Commission to order at 10:00 a.m.
APPROVE:
Nancy Cartmill, Commissioner, moved to approve the agenda as presented. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve purchase orders #5616 A through #5978 A and pay jackets. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the minutes from the March 13,14 & 17, 2006 Special (Budget) Commission Meetings and the April 20, 2006 regular meeting of the Commission. Robert L. Bailey, President Pro-tem, 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, President Pro-tem, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
“OPEN BIDS” COURTHOUSE
SECURITY
Stephen Zoeller, County Manager, informed the Commission that only one bid had been received for Courthouse security and that bid was from Electronic Specialty, Inc.
THURSDAY, MAY 18, 2006
PAGE TWO
Nancy Cartmill, Commissioner, moved to take the bid under advisement. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
CITIZENS REGISTERED TO SPEAK
Sam Morrison, Williamsburg Colony, appeared before the Commission requesting help in dealing with the Department of Highways regarding the drainage system in Williamsburg Colony. Mr. Morrison stated the Williamsburg Homeowners’ Association was having trouble getting the Department of Highways to take responsibility for the drainage system that he believed belonged to the state. Mr. Morrison further stated he believed he had an order where the state received ownership of the right-of-way, however, the Department of Highways said it was only a petition.
Robert L. Bailey, President Pro-tem, asked William Watson, County Attorney, to check into the matter.
Adell Chandler, Circuit Clerk, appeared before the Commission to express her thanks to Tom Bell, Master Gardner’s and the maintenance staff on the great job of landscaping the Courthouse lawn.
#141 OTTIE ADKINS, ASSESSOR
RE:
CERTIFICATION OF LAND BOOKS
CERTIFICATIONS OF REAL ESTATE AND
PERSONAL PROPERTY
Nancy Cartmill, Commissioner, moved to approve certification of the land books and certification of the real estate and personal property. Robert L. Bailey, President Pro-tem seconded the motion and the vote was unanimous.
#142 LETTER, KIM WOLFE, SHERIFF
RE: EMPLOYMENT-SECURITY
Nancy Cartmill, Commissioner, moved to approve the employment of Michael K. Elkins for part time Courthouse security, effective May 19, 2006, with a rate of pay of $10.00 per hour. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
THURSDAY, MAY 18, 2006
PAGE THREE
#143 AGREED ORDER OF DISMISSAL
RE:
LUCILLE M. BROWNING v.
SAMANTHA BETH WETHERHOLT
William Watson, County Attorney, stated the all parties concerned had agreed to enter into an order of dismissal and he would recommend the Commission approve said order.
Nancy Cartmill, Commissioner, moved to approve an Order of Dismissal with regards to the Estate of Leslie (NMN) Browning. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
#144 APPEARING, KENNETH P. HICKS, ESQUIRE
RE:
ESTATE OF KATHERINE JORDAN VASVARY
PETITION OF EXECUTOR TO ALLOW DIRECT
REQUESTS TO
BENEFICIARIES IN LIEU OF THE
ESTABLISHMENT OF
TRUSTS
Charles Garnes, Attorney for Billy Mack Jordon, stated that in Ms. Vasvary’s will there were provisions that trusts be established at Guaranty National Bank for the Cabell/Wayne Animal Shelter, a scholarship fund at Marshall University known as the Joseph Vasvary Scholarship and a scholarship fund at Marshall University to be known as the Katherine Vasvary Music Scholarship Fund. Mr. Garnes further stated that Mr. Jordon was to be appointed as the executor to ensure these requests were established.
Mr. Garnes stated that after discussing the trusts with a trust officer at Guaranty Bank, which was now Huntington National Bank, it was discovered that the banking practices had changed since the will was written in 1997 and once the trusts were established the funds would be consumed by trustee fees within a few years. Mr. Garnes went on to say the bank trustee advised Mr. Jordon to disburse the funds by direct bequests to the organizations as outlined in Ms. Vasvary’s will.
William Watson, County Attorney, stated he had reviewed the request and found it to be in order and would recommend the Commission allow direct requests to the beneficiaries in lieu of the establishment of trusts.
Nancy Cartmill, Commissioner, moved to allow the direct requests to the beneficiaries in lieu of the establishment trusts regarding the will of Katherine Jordon Vasvary. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
THURSDAY, MAY 18, 2006
PAGE FOUR
#145 LETTER, WEST VIRGINIA STATE
AUDITOR’S OFFICE
RE:
TERMS OF ENGAGEMENT – AUDIT SERVICES
Stephen Zoeller, County Manager, informed the Commission this agreement was for the annual auditing services provided by the State Auditor for the fiscal year ending June 30, 2005.
Nancy Cartmill, Commissioner, moved to approve the terms set by the State Auditor’s Office for audit services. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
#146 AWARD BID – EMS PROTECTIVE GEAR
RE:
FINLEY FIRE EQUIPMENT
Gordon Merry, CCEMS Director, stated only one vendor had submitted a bid for the protective gear and he would recommend the Commission accept said bid.
Nancy Cartmill, Commissioner, moved to award the bid to Finley Fire Equipment, McConnelsville, Ohio, for protective gear for CCEMS. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
#147 PROCLAMATION CABELL COUNTY EMS
RE:
EMS WEEK – MAY 14-20, 2006
Nancy Cartmill, Commissioner, moved to approve adopting the proclamation
declaring
“May 14-20, 2006, as Emergency Medical Services Week in Cabell County.”
Robert L. Bailey, President Pro-tem,
seconded the motion and the vote was unanimous. Exhibit (A)
#148 DISCUSSION: FRANCHISE AGREEMENT, CHARTER
COMMUNICATIONS
RE:
FRANCHISE AGREEMENT RENEWAL JULY 1, 2006
William Watson, County Attorney, informed the Commission that the franchise for Charter Communication was due for renewal July 1, 2006. Mr. Watson stated that even though the Commission had no control over the rate fees, he believed the Commission would want to discuss the renewal with a representative from Charter Communication before renewing the franchise agreement. Mr. Watson further stated the renewal would be for a five year period.
THURSDAY, MAY 18, 2006
PAGE FIVE
#149 LETTER, CITY OF HUNTINGTON
RE:
TO INCLUDE REYBURN’S AUTO SERVICE, INC.
TO THE ROTATION FOR TOWING SERVICES
Stephen Zoeller, County Manager, stated a request had come from Jack Thornburgh, Finance Director for the City of Huntington, asking that Reyburn’s Auto Service be included into the rotation for the towing of large vehicles. Mr. Zoeller mentioned that in the resolution for rotation of towing services there was a stipulation that the rotation schedule would be reviewed every three years.
Nancy Cartmill, Commissioner, stated that besides the review every three years, there also was a stipulation which said the recommendation could only come from the Mayor or Police Chief of a municipality.
Robert L. Bailey, President Pro-tem, stated that every time the Commission had approved adding a company to the rotation there had been problem and he believed this should be tabled until more information could be obtained.
Nancy Cartmill, Commissioner, moved to table the item of including Reyburn’s Auto Service in the rotation for the towing of vehicles. Robert L. Bailey, President, Pro-tem, seconded the motion and the vote was unanimous.
#150 RESOLUTION, GENERAL FUND, COUNTY
BUDGET #10,
FY 2005-2006
Nancy Cartmill, Commissioner, moved to approve General Fund, County
Budget #10. Robert L. Bailey,
President Pro-tem, seconded the motion and the vote was unanimous. Exhibit
(B)
#151 CERTIFICATION OF 2006 PRIMARY
ELECTION
Karen Cole, County Clerk, presented the Commission with the election certificates to sign in order to certify the Primary Election.
Nancy Cartmill, Commissioner, moved to certify the results for the 2006 Primary Election. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
THURSDAY, MAY 18, 2006
PAGE SIX
PLACE ON RECORD:
Nancy Cartmill, Commissioner, moved to approve placing on record the minutes from the Cabell Huntington CVB Regular Meeting, January 5, 2006, Cabell Huntington CVB Regular Meeting, April 18, 2006, Culloden PSD Regular Meeting, February 15, 2006, Culloden PSD Special Meeting, February 27, 2006, Culloden PSD Regular Meeting, March 15, 2006, Culloden PSD Special Meeting, March 23, 2006; Great Kanawha RC&D Regular Meeting, April 19, 2006; Pea Ridge PSD Regular Meeting, March 13, 2006, Pea Ridge PSD Special Meeting, March 24, 2006, Pea Ridge PSD Regular Meeting, April 17, 2006, Pea Ridge PSD Special Meeting, April 28, 2006 AND OTHER DOCUMENTATION TO BE RECORDED: Pea Ridge PSD General Ledger Balance Sheet, April 2006, Pea Ridge PSD General Ledger Income Statement, April 2006, Pea Ridge PSD General Ledger Balance Sheet, May 2006, Pea Ridge PSD General Ledger Income Statement, May 2006 and The Bank of New York Various Accounts, April 30, 2006. Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.
Robert L. Bailey, President
Pro-tem, adjourned the meeting at 11:58 a.m., until the next scheduled meeting
on Thursday, June 1, 2006 at 10:00 a.m.
_______________________________________
PRESIDENT, COUNTY COMMISSION
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