COMMISSION MEETING

THURSDAY, APRIL 30, 2009

 

PRESENT:                NANCY CARTMILL, PRESIDENT

                                    ROBERT L. BAILEY, COMMISSIONER

                                    W. SCOTT BIAS, COMMISSIONER

                                    WILLIAM WATSON, COUNTY ATTORNEY

                                    STEPHEN ZOELLER, COUNTY MANAGER

                                    SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

                                   

ABSENT:                  CHRIS TATUM, ASSISTANT COUNTY MANAGER

                                    FOR PERSONNEL AND PURCHASING

 

Nancy Cartmill, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVE:

 

W. Scott Bias, 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 #09-13899 through #09-14207 and pay jackets.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to approve the minutes from the April 16, 2009, regular Commission meeting, 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 Company and Fort Dearborn Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

#141                            LETTERS, THOMAS W. MCCOMAS, SHERIFF

 

                                    EMPLOYMENT – LAW ENFORCEMENT 

 

W. Scott Bias, Commissioner, moved to approve the employment of James Johnston as a full time Deputy Sheriff, effective May 1, 2009, with a rate of pay of $2,527.02 per month and the employment of Shirley Scarberry as a Administrative Assistant, effective May 1, 2009, with a rate of pay of $29,962.12 per year.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

THURSDAY, APRIL 30, 2009

PAGE TWO

 

#142                            APPEARING, R.R. FREDKING, II, ESQUIRE

 

                                    RE:  PETITION TO REMOVE RICHARD STEWART AS

                                          FIDUCIARY IN THE ESTATE OF JOSE MAIA 

 

Richard Fredking, II, Attorney, informed the Commission that Richard Stewart had resigned as Fiduciary for the Estate of Jose Maia and that Sandra Maia-Cohen had relinquished her right as executor of said estate.  Mr. Fredking stated that the Petitioners had requested Robert Rufus be appointed as the Fiduciary.

 

William Watson, County Attorney, stated he had reviewed the documentation and it was in order, however, Mr. Stewart would need to provide an accounting of all assets and expenses from July 17, 2007 until the present time.

 

Robert L. Bailey, Commissioner, moved to approve the order to remove Richard Stewart as Fiduciary and that Mr. Stewart provide an accounting of said estate and that Robert Rufus be appointed as the Fiduciary for the Estate of Jose Maia.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

#143                            APPEARING, BRUCE L. STOUT, ESQUIRE

 

                                    RE:  PETITION FOR DETERMINATION OF DOMICILE AND

                                             AUTHORIZATION TO PROBATE AUTHENTICATED

                                             COPY OF WILL IN THE ESTATE OF JOHN E. LANDERS 

 

Charles Bellomy, Attorney, stated that John E. Landers had moved to Huntington due to ill health and had no intentions of moving back to Ohio.  Mr. Bellomy provided documentation showing Mr. Lander’s intentions.   Mr. Bellomy further stated that after Mr. Landers’ death, John T. Landers’ attorney, at the time, had submitted John E. Landers’ will in Ohio for probate under the assumption the decedent was still domiciled in Ohio.

 

Mr. Bellomy informed the Commission he was requesting the Commission determine domicile and that the Commission authorize an authenticated copy of the will be admitted for probate.  Mr. Bellomy stated the original will was not available for probate in West Virginia.

 

William Watson, County Attorney, stated he had reviewed all the documentation and would recommend the Commission approve this petition.

 

W. Scott Bias, Commissioner, moved to approve the determination of domicile in Huntington, West Virginia, and to authorize an authenticated copy of the will, in the Estate of John E. Landers, be submitted for probate.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

THURSDAY, APRIL 30, 2009

PAGE THREE

 

#144                            APPEARING, BRUCE A. TONEY, ESQUIRE

 

                                    RE:  PETITION OF DENNIS R. JOHNSON, II, TO ABANDON

                                             AN UNUSED CUL-DE-SAC, BEING A PORTION OF AN

                                             UNNAMED ROADWAY, LOCALLY KNOWN AS

                                             MOBILE CITY ROAD, BARBOURSVILLE DISTRICT 

 

Bruce Toney, Attorney representing Dennis Johnson, appeared before the Commission requesting the abandonment of an unused cul-de-sac of a portion of unnamed roadway.  Mr. Toney stated that Mr. Johnson owns all the property adjacent to the unused roadway and would like to build a house in the middle of his property.

 

W. Scott Bias, Commissioner, asked Mr. Toney if other parties used the roadway.  Mr. Toney replied no they did not, as Mr. Johnson owned all the property around the cul-de- sac.

 

William Watson, County Attorney, informed the Commission that a public hearing would need to be held on May 28, 2009, for the abandonment of the property.

 

Robert L. Bailey, Commissioner, moved to approve setting a hearing date of May 28, 2009, at 10:00 a.m., to hear comments regarding the petition to abandon an unused cul-de-sac, a portion of an unnamed roadway, located in the Barboursville District.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

#145                            LETTER, J.W.LEWIS, MILTON, WEST VIRGINIA

 

                                    RE:  LOSS OF GOATS DUE TO DOGS

 

Stephen Zoeller, County Manager, informed the Commission that a letter was received from J.W. Lewis stating he was applying for financial restitution from the county because he had lost 14 goats to dog attacks.  Mr. Zoeller further stated Mr. Lewis had attached a bill of sale for the goats.

 

Robert L. Bailey, Commissioner, moved to approve funds, in the amount of $2,095.00, for Mr. Lewis if there was money available for the loss of his livestock.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

#146                            LETTER, RESOLUTION, AND GRANT AGREEMENT

 

                                    RE:  2009-2010 RECORDS MANAGEMENT PRESERVATION

                                             GRANT AGREEMENT $25,000-BETWEEN THE

                                             DIVISION OF CULTURE AND HISTORY AND

                                             THE CABELL COUNTY COMMISSION

 

Connie Gray, Administrator of Grants, Planning and Permits, explained the funds from this grant would be used to microfilm and digitize the County Clerk’s deed books from 1808 to 1901.

THUESDAY, APRIL 30, 2009

PAGE FOUR

 

W. Scott Bias, Commissioner, moved to approve the grant agreement for funds, in the amount of $25,000.00, for records management preservation for the County Clerk’s Office.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#147                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF ADVERTISEMENT FOR AN

                                             INVITATION FOR SEALED BID PROPOSALS

                                             FOR AN IMAGING AND INDEXING SYSTEM FOR

                                             THE CABELL COUNTY CLERK’S OFFICE

 

Robert L. Bailey, Commissioner, moved to approve the advertisement for bids for an imaging and indexing system for the County Clerk’s Office.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#148                            AWARD CONTRACT FOR PROSECUTING ATTORNEY’S

                                    CASE MANAGEMENT SYSTEM

 

Chris Chiles, Prosecuting Attorney, stated a committee had evaluated the proposals received for the Case Management System and the committee recommended the bid be awarded to Sungard Public Sector.

 

W. Scott Bias, Commissioner, moved to award the bid for the case management system to Sungard Public Sector, in the amount of $50,629.00.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#149                                        DISCUSSION/ACTION:

 

                                                RE:  LETTER OF SUPPORT FOR CABELL

                                                         HUNTINGTON HEALTH DEPARTMENT

                                                         HEALTHY KIDS HEALTHY COMMUNITIES

                                                         GRANTS 

 

#150                            LETTER, CARROLL A. ADAMS

 

                                    RE:  EMPLOYMENT – SECURITY 

 

Robert L. Bailey, Commissioner, moved to approve the employment of Betsy A. Wilson and James A. Swann as part time Security Marshalls for the Courthouse, effective May 1, 2009, with a rate of pay of $11.13 per hour.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

 

 

 

THURSDAY, APRIL 30, 2009

PAGE FIVE

 

#151                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF ALLOCATING HOTEL

                                             OCCUPANCY TAX FUNDS TO WEST VIRGINIA

                                             5K CHAMPIONSHIP RUN

 

Robert L. Bailey, Commissioner, moved to approve funds, in the amount of 1,000.00, for the West Virginia 5K Championship Run, from the Hotel Occupancy Tax Funds.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#152                            SPECIAL FUND (E-911) BUDGET REVISION, FY 2008-2009

 

W. Scott Bias, Commissioner, moved to approve Special Funds (E-911) Budget Revision fiscal year 2008-2009.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D)

 

#153                            RESOLUTION, GENERAL FUND, COUNTY  BUDGET

                                    REVISION #12, FY 2008-2009

 

Robert L. Bailey, Commissioner, moved to approve General Funds, County Budget Revision #12.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)

 

PLACE ON RECORD

 

W. Scott Bias, Commissioner, moved to place on record the minutes of the Cabell County Regional Plant Operating Committee, Inc., Regular Meetings, January 15, 2009 and February 19, 2009; Culloden Public Service District, Special Meeting, February 10, 2009, Culloden Public Service District, Regular Meeting, February 18, 2009; Pea Ridge Public Service District, Regular Meeting, March 9, 2009; Salt Rock Sewer Public Service District, Regular Meetings, January 13, 2009, February 10, 2009 and February 24, 2009, Salt Rock Sewer Public Service District, Emergency Meeting, January 30, 2009, Salt Rock Public Service District, Regular Meeting, March 2, 2009 AND OTHER DOCUMENTATION TO BE RECORDED: Cabell-Huntington Health Department, Clinic Monthly Report, January 2009 and February, 2009; Culloden Public Service District Audited Financial Statement for Fiscal Years Ended June 30, 2008 and 2007 and The Bank of New York, Various Trust Accounts, March 31, 2009.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, President, adjourned the meeting at 10:37 a.m., until the next regular scheduled meeting on Thursday, May 14, 2009, at 10:00 a.m.   

 

 

                                                            _____________________________________________

                                                            PRESIDENT, COUNTY COMMISSION

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