COMMISSION MEETING

THURSDAY, MARCH 22, 2007

 

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:

 

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

 

Nancy Cartmill, Commissioner, moved to approve purchase orders #4584 B through #4908 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 February 8, 2007, regular Commission meeting, February 15, 2007, special Commission meeting,  February 22, 2007, 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 Company, 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.

 

CITIZENS REGISTERED TO SPEAK:

 

Marilyn Thompson, Cabell County resident, urged the Commission to raise the salaries of the Deputy Sheriffs because their jobs were very stressful and they also had many responsibilities.  Ms. Thompson stated she believed that because the deputy’s salaries were low it was affecting their morale.

 

#068                            APPEARING, DAVID AMSBARY, ESQUIRE

                                   

                                    RE:  PETITION TO RE-OPEN THE ESTATE OF RUSSELL

                                             L. HODGES, JR.    

 

 

THURSDAY, MARCH 22, 2007

PAGE TWO

 

David Amsbary, Attorney for Mary Massie and Shirley Armistead, appeared before the Commission to request the Estate of Russell F. Hodges, Jr., be re-opened.  Mr. Amsbary stated his clients did not receive a final accounting of the estate. 

 

Russell Hodges, son of Mr. Hodges, stated he had mailed a waiver form to one sister for her signature and the sister was supposed to mail the document to the other sister.  Mr. Hodges further stated the first sister did not pick up the certified letter and he was told that both signatures had to be on that document.  Mr. Hodges stated that after receiving notice the letter had not been picked up he contacted the Probate Office and was informed he could close the estate.

 

William Watson, County Attorney, informed Mr. Hodges that he did not show a full accounting of the estate.  Mr. Watson stated that Mr. Hodges showed the assets but not the distributions.  Mr. Watson went on to say he would recommend the Commission re-open the estate.

 

Mr. Amsbary stated his clients only wanted to be able to review a full accounting of their father’s estate and to file an objection if they so wished. 

 

Robert L. Bailey, Commissioner, moved to approve the order to re-open the Estate of Russell F. Hodges, Jr.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#069                            APPEARING, PAUL RYKER, ESQUIRE

 

                                    RE:  PETITION OF MARVIN L. DILLON FOR HEARING TO

                                            CONTEST PERMIT APPLICATION OF LITTLE  

                                            VICTORIES, INC., FOR DOG/ANIMAL SHELTER

 

Paul Ryker, Attorney for Melvin Dillon, appeared before the Commission requesting a full hearing before the Commission if a permit application was to come before the Commission for approval.

 

Mr. Ryker stated the residents on Wire Branch Road were very concerned about a proposed No Kill Shelter being built that would house hundreds of animals.  Mr. Ryker further stated the residents were concerned about the security of the kennels keeping the animals enclosed, problems with noise, the disposal of waste and several other issues.  Mr. Ryker also stated the residents were concerned the facility would cause property values to go down.

 

W. Scott Bias, President, asked Chris Tatum, Assistant County Manager, the status of the application regarding the shelter.  Mr. Tatum stated the application had been filed, however, Stan Mills, from the Health Department, had not signed the application because he had a few questions for the owners of the shelter.  Mr. Tatum stated that Mr. Mills must sign the application before the permit could be issued. 

 

 

THURSDAY, MARCH 22, 2007

PAGE THREE

 

William Watson, County Manager, informed Mr. Ryker the Commission had a procedure regarding rules and regulations of a dog shelter that must be abided by and the Health Department made sure these regulations were followed.  Mr. Watson also informed Mr. Ryker that usually these permits were handled by the Commission staff, however, the Commission could hold a special hearing but if Mr. Mills stipulates the parties have met the qualifications, the permit would have to be issued.  Mr. Watson reminded everyone that the county does not have zoning.

 

Buck Crews, Attorney for Little Victories, stated Little Victories had purchased land where there was no zoning and they were prepared to move forward with the shelter.  Mr. Crews requested the petition be denied. 

 

After a lengthy discussion, Nancy Cartmill, Commissioner, moved to table this item until the next meeting and request that Stan Mills appear to discuss this issue.  Robert L. Bailey, Commissioner, seconded the motion. 

 

Sue Brown, Little Victories owner, stated she had purchased the land in order to build a No Kill Shelter and there was no zoning on this property.  Ms. Brown further stated she had not told Mr. Dillon that hundreds of animals would be housed at the shelter.  Ms. Brown went on to say she asked Mr. Dillon if he was going to build a house on his land and he replied he would do whatever he wanted, as it was his property.

 

President Bias stated this issue would be discussed in two weeks and called for a question on the motion and the vote was unanimous.

 

#070                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  INDUCEMENT FOR MARSHALL UNIVERSITY BONDS

 

William Watson, County Attorney, stated he had talked with Mr. Perry and this item was not ready for a vote.

 

Robert L. Bailey, Commissioner, moved to table this item until ready for action.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#071                            PROCLAMATION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF DECLARING MARCH 25-31, 2007,

                                            AS “CABELL COUNTY FLOOD AWARENESS WEEK”

                                            IN CABELL COUNTY, WEST VIRGINIA 

 

Nancy Cartmill, Commissioner, moved to approve adoption of a Proclamation declaring March 25-31, 2007 as “Cabell County Flood Awareness Week.”  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

 

THURSDAY, MARCH 22, 2007

PAGE FOUR

 

#072                            AGREEMENT, CABELL COUNTY COMMISSION AND

                                    THE HONORABLE DAN O’HANLON, CIRCUIT COURT

                                    CABELL COUNTY

 

                                    RE:  FUNDING OF MAGISTRATE CLERKS FROM THE

                                            WORTHLESS CHECK FUND

 

Robert L. Bailey, Commissioner, moved to table item #072 until documentation had been received.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#073                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT – E-911 

 

Nancy Cartmill, Commissioner, moved to approve the employment of Amy W. Daugherty, Gail A. Henry and Vicky L. Noel as full time temporary Telecommunicator/Dispatchers with E-911, effective April 1, 2007, with a rate of pay of $9.92 per hour.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#074                            RESOLUTION, CABELL COUNTY COMMISSION      

 

                                    RE:  APPROVING A REQUEST FOR REALLOCATION OF

                                             2002 HOME PROGRAM FUNDING

 

Nancy Cartmill, Commissioner, moved to approve the request for reallocation of 2002 Home Program Funds.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#075                            LETTER, RESOLUTION AND GRANT APPLICATION

 

                                    RE:  JUVENILE PROSECUTOR FY 2007-2008

                                             JUVENILE ACCOUNTABILITY GRANT BLOCK

                                             PROGRAM  

 

Nancy Cartmill, Commissioner, moved to approve the filing of application for grant funds for the employment of a Juvenile Prosecutor.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#076                            RESOLUTION, AND GRANT PROPOSAL

 

                                    RE:  FY 2007/2008 WEST VIRGINIA COMMUNITY

                                            CORRECTIONS FUND GRANT – DAY REPORT CENTER

 

 

 

THURSDAY, MARCH 22, 2007

PAGE FIVE

 

Robert L. Bailey, Commissioner, moved to approve the filing of an application for funding for a Day Report Center.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D)

 

#077                            AGREEMENT, CABELL COUNTY COMMISSION

 

                                    RE:  USE OF COURTHOUSE GROUNDS PERMIT

                                          EASTER EGG HUNT – APRIL 7, 2007

                                          1:00 P.M. TO 3:30 P.M 

 

Nancy Cartmill, Commissioner, moved to approve the use of Courthouse grounds for an Easter Egg Hunt, April 7, 2007, from 1:00 p.m. until 3:30 p.m., by the River Cities Lighthouse Church.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

#078                            MOVED TO END OF AGENDA

 

#079                            DISCUSSION/ACTION

 

                                    RE:  HANDRAILS FOR 4TH AVENUE ENTRANCE STEPS

 

Stephen Zoeller, County Manager, informed the Commission that Connie Gray, Administrator of Grants, Planning and Permits, had contacted three companies regarding handrails for the 4th Avenue steps.  Mr. Zoeller stated only one company had sent a drawing and price for the project and the price for the handrails was $7,000.00.  Mr. Zoeller showed the Commission a copy of how the handrails would be made.

 

Nancy Cartmill, Commissioner, moved to approve the handrails for the 4th Avenue steps entrance.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

#080                            DISCUSSION/ACTION

 

                                    RE:  APPOINTMENT TO BOARD OF DIRECTORS OF

                                            SOUTHWESTERN COMMUNITY ACTION COUNCIL

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Nancy Cartmill to the Board of Directors of the Southwestern Community Action Council.  W. Scott Bias, President, seconded the motion and the vote was unanimous.

 

#081                            RESOLUTION, GENERAL FUND COUNTY BUDGET

                                    REVISION #7, FY 2006-2007

 

Robert L. Bailey, Commissioner, moved to approve General Fund County Budget Revision #7.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)

THURSDAY, MARCH 22, 2007

PAGE SIX

 

#082                            RESOLUTION, GENERAL FUND STATE BUDGET

                                    REVISION #10, FY 2006-2007

 

Robert L. Bailey, Commissioner, moved to approve General Fund State Budget Revision #10.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#083                            EXECUTIVE SESSION REGARDING PERSONNEL MATTER

                                    POSSIBLE ACTION

 

Robert L. Bailey, Commissioner, moved to go into executive session to discuss a personnel matter.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

The Commission went into executive session at 11:17 a.m.

 

The Commission came back into regular session at 11:30 a.m., with no action taken. 

 

Nancy Cartmill, Commissioner, moved to terminate the employment of Jackie Adkins and that he be paid from the time he was placed on suspension up though today.  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

 

#078                            DISCUSSION/ACTION:

 

                                    RE:  APPROVAL OF THE 2007/2008 GENERAL COUNTY

                                             FUND BUDGET AND COAL SERVERANCE LEVY

                                             ESTIMATE BUDGET 

 

Stephen Zoeller, County Manager, passed out budget notes for the Commission to review and explained that he had listed all discussions and what changes were made based on those discussions.

 

Mr. Zoeller stated he calculated the Regional Jail per diem at $43.00 a day, per the request from the Commission; left the Elected Officials budgets at current levels with only minor changes; added no capital expenditures except for 1¾ vehicles for the Sheriff; excluded the Woodlands legislation ($40,000 impact); deleted consulting services for health care; increased the contingency budget $300,000; did not change the potential Regional Jail settlement of $1,530,132.  Mr. Zoeller went on to say the total expenditures were $16,112,559 with the revenue projection of $15,967,535 with a shortfall of $145,024.  Mr. Zoeller stated the estimated carry-over was $1,850,000, minus the jail liability of $1,530,132, which would be $319,868. 

 

 

 

THURSDAY, MARCH 22, 2007

PAGE SEVEN

 

Nancy Cartmill, Commissioner, asked if the Commission had signed a contract regarding the consulting services for health care.  Mr. Zoeller stated he would check to see if there was a contract and if so would adjust accordingly.

 

Stephen Zoeller, County Manager, stated he was concerned about using carry-over money for raises and he was also concerned about reducing the per diem for the jail. 

 

The Commission had a lengthy discussion regarding reducing the per diem for the jail and the possibility of the county having to pay the jail settlement.

 

Nancy Cartmill, Commissioner, asked about using the money that was saved, by reducing the per diem for the deputy’s salary raises and if the per diem were raised, using the carry-over to cover the per diem.  Mr. Zoeller said that would be a possibility. 

 

Commissioner Cartmill stated she would like to give a small raise to the deputies at this time and at the end of June or July see if there would be money for raises again for the deputies and also the Courthouse employees, but not from the carry-over.

 

Robert L. Bailey, Commissioner, stated he would like for each deputy to receive the same amount, if raises were approved. 

 

Nancy Cartmill, Commissioner, moved to place $3,000.00 per deputy in the Sheriff’s budget, with the recommendation that the Sheriff give straight across the board raises to the deputies.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Stephen Zoeller, County Manager, asked the Commission for direction in what line items the funds for the raises were to come from. 

 

Nancy Cartmill, Commissioner, requested the record show the raises for the deputies would came from the $458,000.00 that was saved from the jail per diem. 

 

Mr. Zoeller asked if the Commission wanted the $290,000.00, of the unencumbered balance, placed into the budget and the Commission was in agreement.

   

PLACE ON RECORD

 

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Culloden Public Service District, Regular Meeting, January 17, 2007, Culloden Public Service District, Special Meeting, February 14, 2007; Greater Kanawha RC&D, Regular Meeting, February 21, 2007; Salt Rock Water Public Service District, Regular Meeting, January 16, 2007, Salt Rock Water Public Service District, Regular Meeting, February 13, 2007; Tri-State Airport Authority, Regular Meeting, January 18, 2007

 

 

 

THURSDAY, MARCH 22, 2007

PAGE EIGHT

 

OTHER DOCUMENTATION TO BE RECORDED: Cabell Huntington Convention & Visitors Bureau, Inc., Statement of Revenue & Expense, January 31, 2007; Cabell-Huntington Health Department, Environmental Health Combined Narrative, November, 2006, Cabell-Huntington Health Department, Monthly Narrative, Regional Epidemiologist, Debbie Ellison, November, 2006 and The Bank of New York, Various Trust Accounts, February 28, 2007.  Nancy Cartmill, Commissioners, seconded the motion and the vote was unanimous.

 

W. Scott Bias, President, adjourned the Commission Meeting, until the Special Meeting on Tuesday, March 27, 2007, at 10:00 a.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                _____________________________________________

                                                       PRESIDENT, COUNTY COMMISSION 

 

 

 

KSC:ar