COMMISSION MEETING

THURSDAY, MARCH 6, 2008

 

PRESENT:                 ROBERT L. BAILEY, PRESIDENT

                                    NANCY CARTMILL, COMMISSIONER

                                    W. SCOTT BIAS, 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

 

Robert L. Bailey, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVE:

 

Stephen Zoeller, County Manger, stated there was an item of extreme emergency that needed to be added to the agenda regarding additional funding for the State Wrestling Tournament.

 

Nancy Cartmill, Commissioner, asked if this item was an emergency or could this wait until the next meeting.

 

Mr. Zoeller stated that Mr. Archer had to have the proposal to the WVSSC by April and waiting until March 20th would not gave him enough time.

 

W. Scott Bias, Commissioner, moved to amend the agenda to include additional funding for the State Wrestling Tournament.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Nancy Cartmill, Commissioner, moved to approve the agenda as amended.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to approve purchase orders #08-4203 through #08-4496 and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the minutes from the February 21, 2008, regular Commission meeting, and the minutes from the Special Commission Meeting of February 25, 2008, erroneous assessments, land consolidations, split tickets and probate documentation.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield Company and Fort Dearborn Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

THURSDAY, MARCH 6, 2008

PAGE TWO

 

“OPEN BIDS”           RESTORATION OF THE STONEWORK ON THE 5TH       

                                    AVENUE SIDE OF THE CABELL COUNTY COURTHOUSE

 

Stephen Zoeller, County Manager, stated that three bids were received for the restoration project and bid bonds were provided by all companies.  Mr. Zoeller further stated that alternate bids for the steps were also provided.  The bids were received from the following companies:

 

                                    Keystone Water Proofing, Pennsylvania      $219,547.00

                                                            Alternate                                $  11,832.00

 

                                    General Restoration, Ohio                            $164,730.00

                                                            Alternate                                $  11,610.00

 

                                    Wilson Restoration, Pennsylvania                $277,373.00

                                                            Alternate                                $    9,473.00   

 

W. Scott Bias, Commissioner, moved to take the bids under advisement.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.     

 

#047                            LETTER, ADELL CHANDLER, CIRCUIT CLERK

 

                                    EMPLOYMENT   

 

Nancy Cartmill, Commissioner, moved to approve the employment of Jeanne Bond as temporary full time employee and Brenda N. Wright as a temporary part time employee, effective March 11, 2008, in the Circuit Clerk’s Office.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

#048                            APPEARING, R.R. FREDEKING, II, ESQUIRE

 

                                    RE:  PETITION OF DENVER DILLON FOR ELECTIVE

                                             SHARE IN THE ESTATE OF RUTH VIRGINIA DILLON

 

R.R. Fredeking, Attorney for Denver Dillon, informed the Commission that in the last will and testament of Ruth Virginia Dillon she had left her husband, Denver Dillon, a life estate in and to her real estate in Culloden, and devised all her remaining assets, including the remainder interest in the subject real estate to her daughters.  Mr. Fredeking stated that prior to Mrs. Dillon’s death the real estate to which Mr. Dillon was devised a life estate was fraudulently transferred.

 

Mr. Fredeking stated that Mr. Dillon would like to denounce the last will and testament of Mrs. Dillon and petition for his elective share of the estate.  Mr. Fredeking further stated that by West Virginia Code Mr. Dillon was entitled to 50% of the augmented estate or $25,000.00, whichever is greater. 

 

THURSDAY, MARCH 6, 2008

PAGE THREE

 

William Watson, County Attorney, stated he had reviewed the petition and order and based upon the length of the Dillon’s marriage of thirty years, Mr. Dillon was entitled to 50% of the estate.

 

Nancy Cartmill, Commissioner, moved to approve the signing of the order to allow Mr. Dillon to denounce the will of Ruth Virginia Dillon and that Mr. Dillon be entitled to his elective share of the estate.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

#049                            APPEARING, LINDA KAY WICHMAN, ESQUIRE

                                   

                                    RE:  PETITION FOR RESIGNATION OF ADMINISTRATOR                                              AND APPOINTMENT IN THE ESTATE OF WINSTON

                                              K. HARBOUR     

 

Linda Kay Wichman, Attorney, stated that Winston Keith Harbour, Jr., Administrator of the Estate of Winston K. Harbour, was requesting to resign as the Administrator of his father’s estate and requested that the court appoint Sherry Lynn Harbour Cichocki and Diana Frennis Founty as Co-Administrators of the estate of Winston Harbour.   

 

#050                            APPEARING, TIMOTHY P. ROSINSKY, ESQUIRE

 

                                    RE:  PETITON OF BRENDA GAIL MARTIN AND

                                             TIMOTHY MILLS HARBOUR TO BE APPOINTED

                                             AS CO-ADMINISTRATOR OF THE ESTATE OF

                                             WINSTON K. HARBOUR

 

Timothy P. Rosinsky, Attorney representing Brenda Gail Martin and Timothy Mills Harbour, stated his clients were requesting that they be appointed as Co-Administrators of their father’s estate.  Mr. Rosinsky further stated Ms. Martin and Mr. Harbour were more qualified to be the Administrators of the estate.

 

After a lengthy discussion W. Scott Bias, Commissioner, moved to table items #049 and #050, regarding the Winston K, Harbour Estate, in order for all interested parties to work out an agreement and if an agreement could not be made the Commission would make a decision at the next meeting.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#051                            DISCUSSION/ACTION:  AWARD OF BID

 

                                    RE:  TO PROVIDE A NEW AMBULANCE STATION

                                             TO BE LOCATED AT 18TH STREET AND

                                             WASHINGTON AVENUE, HUNTINGTON

 

 

 

THURSDAY, MARCH 6, 2008

PAGE FOUR

 

Stephen Zoeller, County Manager, stated the recommendation from Gordon Merry, CCEMS Director, and Edward Tucker, Architect for the Ambulance Station, would be to award the bid to E.P. Leach & Sons, as they were the most qualified.  Mr. Zoeller further stated that the bid from E.P. Leach & Sons was not the low bid.

 

Mr. Merry explained the qualifications of the companies to the Commission.

 

Nancy Cartmill, Commissioner, stated she would be in favor to re-bid the project since all the information had not been given to the bidders in advance. 

 

W. Scott Bias, Commissioner, moved to award the bid, in the amount of $1,144,800.00, to E.P. Leach & Sons, for the new ambulance station.  Robert L. Bailey, Commissioner, seconded the motion and the vote was as follows:

 

                                                Robert L. Bailey, Commissioner                  aye

                                                Nancy Cartmill, Commissioner                     nay

                                                W. Scot Bias, Commissioner             aye

 

#052                            LETTER, RESOLUTION AND GRANT CONTRACT, CABELL  

                                    COUNTY COMMISSION

 

                                    RE:  JUVENILE PROSECUTOR FY 2008/2009

 

W. Scott Bias, Commissioner, moved to approve the grant contract, in the amount of $32,000.00, from the Division of Criminal Justice Service’s for Juvenile Accountability Incentive Block Grant, for a Juvenile Prosecutor.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A) 

 

#053                            LETTER, DONALD M. DAVIS, DIRECTOR, E-911

 

                                    RE:  DISCUSSION/ACTION REGARDING CABELL 

                                    COUNTY’S WARN (WIDE AREA RAPID NOTIFICATION

                                    SYSTEM) 

 

J.R. VanOoteghem, E-911 Systems Administrator, informed the Commission this would be the start of a project that would notify Cabell County residents by phone of impending danger or the need to evacuate.  Gordon Merry, CCEMS Director, also gave information on the system to the Commission.    

 

W. Scott Bias, Commissioner, moved to approve to proceed with the notification system for Cabell County.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

 

 

 

THURSDAY, MARCH 6, 2008

PAGE FIVE

 

#054                            RESOLUTION, GENERAL FUND, COUNTY BUDGET

                                    REVISION #9, FY 2007-2008

 

W. Scott Bias, Commissioner, moved to approve the General Fund, County Budget Revision #9.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#055                            LETTER, SCOTT ARCHER

 

                                    RE:  WEST VIRGINIA STATE WRESTLING TOURNAMENT

                                             INCREASE OF ALLOCATION OF FUNDS 

 

Nancy Cartmill, Commissioner, moved to increase the allocation for the State Wrestling Tournament from $5,000 to $10,000.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  No documentation was presented for this item.

 

Shawna Rocknick, Day Report Center Director, stated the Day Report Center Board was still interested in discussing with the Commission the matter of Cabell County joining services with Wayne County and also including Wayne County in the application for a grant.  

 

Robert L. Bailey, Commissioner, adjourned the Commission meeting at 11:40 a.m., until the next regular scheduled meeting on Thursday, March 20, 2008, at 10:00 a.m. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            ___________________________________________

                                                                   PRESIDENT, COUNTY COMMISSION

 

 

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