THURSDAY, JANUARY 6, 2005
PRESENT: NANCY CARTMILL, PRESIDENT
ROBERT L. BAILEY, COMMISSIONER
W. SCOTT BIAS, COMMISSIONER
GLENN WHITE, COUNTY MANAGER
SHARON ROSS, ASSISTANT COUNTY
MANAGER
FOR BILLABLES AND PAYABLES
ABSENT: WILLIAM T. WATSON, COUNTY ATTORNEY
Nancy Cartmill, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.
W. Scott Bias, Commissioner, moved to nominate Robert L. Bailey as President of the Cabell County Commission for 2005. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President, took over as Commission President at this time.
Robert L. Bailey, President, welcomed new Commissioner, W. Scott Bias.
APPROVE:
Nancy Cartmill, Commissioner, moved to approve the agenda as presented. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
W. Scott Bias, Commissioner, moved to approve purchase orders #3418 Y through #3489 Y and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the minutes of the December 16, 2004 regular Commission meeting, 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 and 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.
Fred Williams, Representative of the City of Huntington, appeared before the Commission to provide information regarding the purposed TIF District at Kinetic Park.
Mr. Williams stated this TIF District would be different than the downtown TIF District because the Kinetic Park property was vacant and most of the infrastructure was already in place, therefore, the TIF funds would be used for businesses to locate at the park.
Nancy Cartmill, Commissioner, stated she found it interesting that after the Commission had met with Mayor Felinton and the Chairman of the Huntington City Council and they had agreed to involve the County Commission in the process of creating the next TIF District, that the Commission did not know about this new TIF District until they read the article in the newspaper this morning.
#001 APPEARING,
FRED WILLIAMS, ESQUIRE
RE: HOSPICE OF HUNTINGTON INDUCEMENT
RESOLUTION AUTHORIZING ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE BONDS
Fred Williams, Bond Counsel with Steptoe & Johnson, appeared before the Commission concerning the construction of the new Hospice House. Mr. Williams explained this resolution would be the first step in the process of requesting the County Commission’s involvement in acting as the issuer of tax-exempt bonds in the maximum aggregate principle of $5,000,000. Mr. Williams stated the proceeds from the bonds would be loaned to Hospice of Huntington, which would then be used to build the Hospice House.
Mr. Williams explained the reason Hospice needed the Commission’s involvement in this project was due to federal tax laws, which in order for Hospice to borrow money with a tax-exempt interest rate required a government entity to issue the bond. Mr. Williams went on to say that Hospice would be liable for the bond payments and not the County Commission.
Nancy Cartmill, Commissioner, asked about the fund raising and how quickly the house would be opened.
Charlene Farrell, Executive Director of Hospice, replied they had raised $2,000,000 with hopes of raising more funds. Mrs. Farrell explained that the original cost of the house was estimated at $3,500,00 to $4,000,000, however, due to the cost of building materials going up, the cost would be more. Ms. Farrell stated they hoped to break ground in April.
Nancy Cartmill, Commissioner, moved
to approve the adoption of the resolution, authorizing the Public Hearing for
the issuance of commercial development revenue bonds for Hospice of
Huntington. W. Scott Bias,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
THURSDAY, JANUARY 6, 2005
PAGE THREE
#002 APPEARING, PAUL A. RYKER, ESQUIRE
RE: PETITION TO CLOSE A PORTION OF A PUBLIC
ROADWAY KNOWN AS MARY L. COURT,
GUYANDOTTE DISTRICT, CABELL COUNTY,
WEST VIRGINIA
Paul Ryker, Attorney for River Cities Community Church, appeared before the Commission requesting they set a date for a Public Hearing on the closing of a portion of roadway, behind the River Cities Community Church, known as Mary L. Court.
W. Scott Bias, Commissioner, moved to approve January 27, 2005, at 10:00 a.m., as the date for a Public Hearing on the closing of a portion of roadway known as Mary L. Court. Robert L. Bailey, Commissioner, seconded the motion.
Nancy Cartmill, Commissioner, stated she would have to vote against this hearing, as she did not believe the law gave the County Commission the authority to close a roadway that was used by the public.
President Bailey called for a vote on the motion and the vote was as followed:
Robert
L. Bailey aye
Nancy Cartmill, Commissioner nay
W. Scott Bias, Commissioner aye
#003 REIMBURSEMENT AGREEMENTS BETWEEN THE
CABELL
COUNTY COMMISSION AND DEPUTY
BARRY LEWIS,
DEPUTY KEVIN WHITE, DEPUTY STEVEN
RAPPOLD,
DEPUTY DANIEL BECKNER
& DEPUTY WAYNE JARRELL
Glenn White, County Manager, explained these were reimbursements for agreements between the Commission and deputies who are going to the academy. Mr. White stated the agreements provide that if they should leave the employment of the county within a year of their training, they would reimburse the county a pro-rata portion of their training cost.
Nancy Cartmill, Commissioner, moved to approve the agreement between the County Commission and the deputies. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
PAGE FOUR
#004 RESOLUTION, CABELL COMMISSION
RE: IN THE MATTER OF ADVERTISEMENT FOR AN
INVITATION TO BID TO PROVIDE TWELVE
(12)
HANDHELD PORTABLE RADIOS AND ONE (1)
MULTIPORT CHARGER FOR THE CABELL
COUNTY
SHERIFF’S DEPARTMENT FROM HOMELAND
SECURITY GRANT FUNDS
Nancy Cartmill, Commissioner, moved
to approve the advertisement for bids on twelve handheld portable radios and
one multiport charger for the Sheriff’s Department from the Homeland Security
Grant Funds. W. Scott Bias,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#005 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF AN ADVERTISEMENT FOR AN
INVITATION TO BID TO PROVIDE SIX ( 6) SETS
OF
NIGHT VISION GOGGLES FOR THE CABELL
COUNTY SHERIFF’S DEPARTMENT FROM
HOMELAND SECURITY GRANT FUNDS
Nancy Cartmill, Commissioner, moved
to approve the advertisement for bids on six sets of night vision goggles for
the Sheriff’s Department from the Homeland Security Grant Funds. W. Scott Bias, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(C)
Lt. Tom McComas, Sheriff’s Department, stated this was the latest in technology which gives the ability to see in the dark and would help night tactical operations.
#006 LETTER, MICHAEL A. WOELFEL, ESQUIRE
RE: STATEMENT OF CHARGES/KIM WOLFE, SHERIFF v.
CABELL COUNTY COMMISSION #04-C-113
CABELL COUNTY COMMISSION v. KIM WOLFE,
SHERIFF CIVIL ACTION #03-C-971
Glenn White, County Manager, stated this was a bill from Mike Woelfel for his service in representing Sheriff Kim Wolfe concerning the issue of holding cell employees. Mr. White further stated if the Commission should approve paying this statement, he would recommend a two-step procedure so the budget could be revised.
THURSDAY, JANUARY 6, 2005
PAGE FIVE
Robert L. Bailey, President, stated he believed the judge ordered the Commission to pay these fees.
W. Scott Bias, Commissioner, moved to pay the statement for fees from Michael Woelfel, contingent upon the revision of the budget. Robert L. Bailey, President, seconded the motion.
Nancy Cartmill, Commissioner, stated she was troubled with this bill for several reasons. Commissioner Cartmill said when discussions started with Sheriff Wolfe, Mr. Woelfel attended the meetings with the Sheriff and the Commission and during an Executive Meeting she asked Mr. Woelfel what his role in this would be and Mr. Woelfel assured the Commission it would be only to advise the Sheriff. Commissioner Cartmill further stated that in Commission Chambers, Mr. Woelfel said he would be working for the Sheriff at no cost to the County Commission. Commissioner Cartmill went on to say had she known that Mr. Woelfel would be charging for his services, she would have been concerned because Mr. Woelfel was part of the system in this courthouse and she believed this to be a conflict of interest.
W. Scott Bias, Commissioner, stated he believed that since the judge ordered the Commission to pay the bill, they did not have any alternative.
Commissioner Cartmill stated she does not believe the judge ordered the Commission to pay the bill.
President Bailey called for a vote on the motion and the vote was as followed:
Robert
L. Bailey, President aye
Nancy Cartmill, Commissioner nay
W. Scott Bias, Commissioner aye
#007 LETTER, ROBERT F. JONES
RE: REQUEST FOR HOMESTEAD EXEMPTION FOR TAX
YEAR 2005/5 DELTA DRIVE, HUNTINGTON,
WEST
VIRGINIA DISTRICT 01, MAP #7G, PARCEL
#15
Glenn White, County Manager,
stated that items #007 and #008 concerned homestead exemption. Mr. White
further stated the County Attorney had advised the Commission that it was
possible their procedure of granting homestead exemption exceptions was not in
accordance with state code. Mr. White
went on to say if the Commission did not want to continue this practice, this
would be a good time to establish a policy as these were the first requests for
tax year 2005.
THURSDAY, JANUARY 6, 2005
PAGE SIX
W. Scott Bias, Commissioner, stated he wanted it to be made clear that the action of the Commission today was not denying homestead exemption to anyone, just that the homestead exemption must be filed in a timely fashion.
#008 LETTER, MARSHA L. STOWERS
RE: REQUEST FOR HOMESTEAD EXEMPTION FOR TAX
YEAR 2005/9 FOX POINTE DRIVE, MILTON,
WEST
VIRGINIA DISTRICT 03, MAP #13, PARCEL
#73
Nancy Cartmill, Commissioner, moved not to approve the homestead exemption requests from Robert F. Jones and Marsha L. Stowers for tax year 2005 because the Commission did not have the authority to do so. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#009 RESOLUTION, CABELL COUNTY COMMISSION
RE: APPOINTMENT
Nancy Cartmill, Commissioner, moved
to approve the appointment of W. Scott Bias as a member of the Cabell County
Solid Waste Authority, for a term beginning immediately and ending June 30,
2008. Robert L. Bailey, President,
seconded the motion and the vote was unanimous.
Exhibit (D)
#010 RESOLUTION, CABELL COUNTY COMMISSION
RE: APPOINTMENT
Nancy Cartmill, Commissioner, moved
to approve the appointment of W. Scott Bias as a member of the Board of
Directors of the Southwestern Community Action Council, Inc. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous.
Exhibit (E)
#011 RESOLUTION, CABELL COUNTY COMMISSION
RE: APPOINTMENT
Nancy Cartmill, Commissioner, moved
to approve the appointment of Robert L. Bailey to the Cabell County Courthouse
Security Committee. W. Scott Bias,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)
THURSDAY, JANUARY 6, 2005
PAGE SEVEN
#012 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF THE BOARD OF EQUALIZATION
AND REVIEW CABELL COUNTY TAX
ASSESSMENTS
FOR TAX YEAR 2005
Nancy Cartmill, Commissioner, moved
to approve the dates for the Board of Equalization and Review. W. Scott Bias, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(G)
#013 RESOLUTION, CABELL COMMISSION
RE: MODIFYING THE JOB DESCRIPTION FOR THE
JAIL ASSESSMENT OFFICER
Nancy Cartmill, Commissioner, moved
to approve the modified job description for the Jail Assessment Officer. W. Scott Bias, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(H)
#014 RESOLUTION, CABELL COUNTY COMMISSION
RE: EMPLOYMENT/RECLASSIFICATION
Nancy Cartmill, Commissioner, moved to approve the reclassification of Danny J. Neal, II, from full-time temporary EMT to full-time EMT for Cabell County Emergency Medical Service, effective January 7, 2005, with a rate of pay of $6.03 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President, adjourned the meeting at 10:55 a.m., until the next regular scheduled meeting January 27, 2005, at 10:00 a.m.
_______________________________________
PRESIDENT, COUNTY COMMISSION
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