COMMISSION MEETING
THURSDAY, JUNE 23, 2011
PRESENT: NANCY CARTMILL, PRESIDENT
ROBERT L. BAILEY, COMMISSIONER
ANNE YON, COMMISSIONER
WILLIAM WATSON, COUNTY ATTORNEY
CHRIS TATUM, COUNTY MANAGER
RHONDA MONTANEZ, PURCHASING ASSISTANT
Nancy Cartmill, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
Chris Tatum, County Manager, informed the Commission that an item needed to be added to the agenda regarding the Workers’ Compensation contract.
Robert L. Bailey, Commissioner, moved to approve amending the agenda to include the Workers’ Compensation contract and to approve the agenda as amended. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
Anne Yon, Commissioner, moved to approve purchase orders #11-33891 through #11-34422 and pay jackets. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve erroneous assessments, land consolidations, split tickets and probate documentation. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
Anne Yon, Commissioner, moved to approve handwritten checks to Highmark West Virginia, 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.
“OPEN BIDS” TO PROVIDE THREE (3) 2011 OR NEWER FORD E350
NARROWED TYPE I AND ONE (1) 2011 TYPE III FORD E450
CCT AMBULANCES FOR CCEMS
Chris Tatum, County Manager, informed the Commission that five bids were received to provide ambulances for CCEMS and they were as follows:
Penn Care Public Safety $602,698.00
J & J Emergency Vehicles $413,785.00
Northwestern $526,789.00
Wheeled Coach $495,495.00
Pierce $559,000.00
THURSDAY, JUNE 23, 2011
PAGE TWO
CITIZENS TO SPEAK:
Brittany Ellis, Putnam County, appeared before the Commission requesting stricter dog laws in the county. Ms. Ellis stated her daughter was bitten by a dog in Cabell County and the dog has been allowed to stay at home instead of being quarantined at the Cabell/Wayne Animal Shelter.
William Watson, County Attorney, informed Ms. Ellis she would need to hire an attorney to petition the court for an order to pick up the dog in question. Mr. Watson also informed Ms. Ellis that he would look into the county’s ordinance regarding dog bites.
#195 DEBRA JOHNSON, WELLS FARGO INSURANCE
RE: WORKERS’ COMPENSATION PROPOSAL
Debra Johnson, Accordia Representative, informed the Commission that she would recommend Travelers Insurance for the Workers’ Compensation contract. Ms. Johnson went on to say she believed they were the best company to work with and Travelers rates were excellent.
Robert L. Bailey, Commissioner, moved to approve the contract with Travelers Insurance for Workers’ Compensation. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#173 LETTER, ADELL CHANDLER, CIRCUIT CLERK
RE: INTEREST BEARING ACCOUNT – WV CODE 59-1-37
Robert L. Bailey, Commissioner, moved to accept the letter regarding the interest bearing account from the Circuit Clerk, stating interest earned for 2010/2011 as $11,832.68. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#174 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF THE DESIGNATION OF
DESPOSITORIES FOR FICAL YEAR 2011-2012
Robert L. Bailey, Commissioner, moved to approve the Designation of Depositories for fiscal year 2011-2012. Anne Yon, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
THURSDAY, JUNE 23, 2011
PAGE THREE
#175 LETTER, THOMAS W. MCCOMAS, SHERIFF
RE: EMPLOYMENT – TAX DEPARTMENT
Robert L. Bailey, Commissioner, moved to approve the employment of Carol R. Gibson as a part time clerk in the Tax Office, effective July 11, 2011, with a rate of pay of $9.00 per hour. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#176 LETTER, THOMAS W. MCCOMAS, SHERIFF
RE: REQUEST FOR CARRYOVER OF FUNDS FROM FY
2011 TO FY 2012
Anne Yon, Commissioner, moved to approve the request of carryover funds, in the amount of $396.00, for the Sheriff. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#177 APPEARING, JOHN F. HUSSELL, IV
RE: PETITION TO REMOVE EXECUTRIX AND APPOINT
CURATOR IN THE ESTATE OF RICHARD J.
PENHORWOOD
RE: RESPONSE TO PETITION
MICHAEL A. WOELFEL, ESQUIRE
John Hussell, Attorney for the Heirs, requested that the Commission remove the Executrix and appoint a Curator for the Estate. Mr. Hussell went on to say that there was action pending in the Circuit Court regarding said estate.
Michael Woelfel, Attorney for the Executrix, stated he had no objection to a Fiduciary Commissioner, however, he believed his client was fulfilling her duties.
William Watson, County Attorney, stated he had reviewed the documentation and he would recommend that Judge Pancake should order the Executrix not to spend any estate money.
Mr. Woelfel stated that the money was still in the estate.
Mr. Hussell stated he had concerns regarding the assets, however, he would work with Mr. Woelfel.
Robert L. Bailey, Commissioner, moved to take no action on this item, as the matter was in the Circuit Court. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JUNE 23, 2011
PAGE FOUR
#178 THE ESTATE OF JOHN CLEDITH BECKELHEIMER
RE: FINDINGS AND RECOMMENDATIONS OF
FIDUCIARY COMMISSIONER ON CLAIM OF
CHARLES BECKELHEIMER
William Watson, County Attorney, stated he had reviewed the documentation and he would recommend that the Commission accept the Fiduciary Commissioner’s findings.
Robert L. Bailey, Commissioner, moved to accept the Fiduciary Commissioner’s report of findings. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#179 APPEARING, RONALD J. FLORA, ESQUIRE
RE: PETITION OF RODNEY MCCALLISTER AND
MARY MORENE MCCALLISTER AND ELVIA
M. SOWARDS, JR., AND LINDA Z. THOMPSON
SOWARDS TO ABANDON AN UNIMPROVED AND
UNUSED ROADWAY KNOWN AND DESIGNATED
AS EAST FIRST STREET, SECTION “J” MIDWAY CITY
SUBDIVISION, CULLODEN, GRANT DISTRICT,
CABELL COUNTY
William Watson, County Attorney, informed the Commission they needed to set a hearing date for this matter.
Robert L. Bailey, commissioner, moved to set a hearing date of Thursday, July 21, 2011, at 10:00 a.m., to consider the petition for abandonment. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#180 LETTER, RESOLUTION AND GRANT APPLICATION
RE: FY 2011 COMMUNITY PARTICIPATION GRANT
PROGRAM GOLDEN GIRLS/CAPITAL
IMPROVEMENTS – PROJECT #11LEDA0020 - $5,000.00
Connie Gray, Administrator for Grants, Planning and Permits, informed the Commission that the funds from this grant would be used for improvements to living quarters.
Anne Yon, Commissioner, moved to approve the grant contract, in the amount of $5,000.00, for the Golden Girls Group Home. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
THURSDAY, JUNE 23, 2011
PAGE FIVE
#181 MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF HUNTINGTON AND CABELL COUNTY
RE: 2011 BYRNE JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM AWARD
Anne Yon, Commissioner, moved to approve the Memorandum of Understanding between the City of Huntington and Cabell County. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#182 RESOLUTIONS, CABELL COUNTY COMMISSION
RE: JERRY LYNN BECKETT, PER DIEM PLANNER
BRENDA AGUIRRE WEBB, INFORMATION
TECHNOLOGY DEPARTMENT
Robert L. Bailey, Commissioner, moved to approve the employments of Jerry Lynn Beckett as a Per Diem Planner, effective July 1, 2011, with a rate of pay of $22.90 per hour and Brenda Aguirre Webb, retroactive to June 13, 2011, with a rate of pay of $20.6044 per hour. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#183 RESOLUTION, CABELL COUNTY COMMISSION
RE: SET COBRA RATE – JULY 1, 2011 TO JUNE 30, 2012
Robert L. Bailey, Commissioner, moved to approve the Cobra Rates for July 1, 2011 to June 30, 2011. Anne Yon, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)
#184 LETTERS, CABELL COUNTY COMMISSION
RE: WV CODE 7-7-7
Robert L. Bailey, Commissioner, moved to approve the West Virginia Code 7-7-7 payroll letter for the County Commission. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#185 LETTER, A. GORDON MERRY, DIRECTOR CCEMS
RE: WV CODE 7-7-7
Robert L. Bailey, Commissioner, moved to approve the West Virginia Code 7-7-7 payroll letter from CCEMS. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JUNE 23, 2011
PAGE SIX
#186 LETTER, MIKE DAVIS, DIRECTOR CCERC
RE: WV CODE 7-7-7
Robert L. Bailey, Commissioner, moved to approve the West Virginia Code 7-7-7 payroll letter from CCERC (E-911). Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#187 RESOLUTION, CABELL COUNTY COMMISSION
RE: EMPLOYMENT
Robert L. Bailey, Commissioner, moved to approve the employment of Tiffany Stark as a full time Budget/Financial Analyst for the County Commission, effective July 11, 2011, with a rate of pay of $45,000.00 per year. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
#188 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF THE ADOPTION OF A RESOLUTION TO ALLOCATE CABELL COUNTY
SENIOR CITIZENS PROJECTS AND PROGRAMS
EXCESS LEVY TAX FUNDS TO CABELL COUNTY
COMMUNITY SERVICES ORGANIZATION
Anne Yon, Commissioner, moved to approve the allocation of $20,000.00, from the Senior Citizens Excess Levy Tax Funds to the Cabell County Community Services Organization for the purchase of a Meals on Wheels Delivery Van. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
#189 ORDER TO REOPEN THE ESTATE OF PAUL K. NAPIER,
DAVID B. LAM AND JAMES WALTER HENSLEY
William Watson, County Attorney, informed the Commission that these three estates were closed before claims were processed and would need to be reopened so the claims could be paid.
Anne Yon, Commissioner, moved to approve reopening the Estates of Paul K. Napier, David B. Lam and James Walter Hensley. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#190 SPECIAL FUNDS, CCEMS BUDGET REVISION #7
FY 2010-2011
Anne Yon, Commissioner, moved to approve CCEMS Special Funds Budget #7. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
THURSDAY, JUNE 23, 2011
PAGE SEVEN
#191 SPECIAL FUNDS, CCERC BUDGET REVISION #6
FY 2010-2011
Robert L. Bailey, Commissioner, moved to approve CCERC Special Funds Budget Revision #6. Anne Yon, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)
#192 RESOLUTION, GENERAL FUND, STATE BUDGET
REVISION #12, FY 2010-2011
Anne Yon, Commissioner, moved to approve General Fund State Budget Revision #12. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Exhibit (G)
#193 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF CALLING ON POLICYMAKERS
TO SUPPORT JOBS AND ECONOMIC SECURITY BY
FIXING COAL MINE PERMITTING SYSTEM
Robert L. Bailey, Commissioner, moved to approve the resolution regarding support for jobs and economic security by fixing the coal mine permitting system. Anne Yon, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)
#194 RESOLUTION, CABELL COUNTY COMMISSION
RE: CABELL COUNTY “P” PURCHASING CARD AND
WEST VIRGINIA STATE AUDITOR’S OFFICE
Chris Tatum, County Manager, explained to the Commission the use of P-Cards. Mr. Tatum stated that by using the P-Card Program to pay the county’s bills, the Commission would receive rebates. Mr. Tatum went on to say that about 70% of the county’s vendors accept P-Cards. Mr. Tatum explained that if the Commission should approve this item, it would allow the set up for the P-Card program and a coordinator.
Anne Yon, Commissioner, moved to approve the authorization for the creation of the Cabell County Commission’s Payment Execution Account. Robert L. Bailey, commissioner, seconded the motion and the vote was unanimous. Exhibit (I)
#195 SEE FIRST OF AGENDA
BIDS - Nancy Cartmill, President, stated that the bids, regarding the ambulances, would be taken under advisement.
THURSDAY, JUNE 23, 2011
PAGE EIGHT
PLACE ON RECORD
Robert L. Bailey, Commissioner, moved to place on record the minutes from the Culloden Public Service District, Regular Meeting, May 18, 2011; Culloden Public Service District, Special Meeting, May 25, 2011; Pea Ridge Public Service District, Regular Meeting, May 9, 2011; Salt Rock Water Public Service District, Regular Meeting, May 10, 2011 and OTHER DOCUMENTATION TO BE RECORDED Cabell-Huntington Health Department, Clinic Monthly Report, April; Salt Rock Sewer Annual Operating Budget for Fiscal Year Ending June 30, 2012; Audit of Salt Rock Sewer Public Service District for Fiscal Year Ended June 30, 2010 and The Bank of New York Mellon, Various Trust Accounts, May 31, 2011. Anne Yon, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, President, informed the Commission she would have a meeting with Paul Turman, Mayor of Barboursville, regarding building an ambulance station in Barboursville.
Robert L. Bailey, Commissioner, informed the Commission he attended a Public Hearing regarding the franchise with the cable company. Commissioner Bailey stated the cable company wanted a fifteen year contract, however, Commissioner Bailey believed the contract should be for five years.
Chris Tatum, County Manager, stated he had attended a meeting on the re-districting and there would be another meeting July 21, 2011.
Nancy Cartmill, President, adjourned the meeting at 11:10 a.m., until the next scheduled meeting on Thursday, July 7, 2011, at 10:00 a.m.
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PRESIDENT, COUNTY COMMISSION
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