COMMISSION MEETING

THURSDAY, MAY 17, 2007

 

PRESENT:                 ROBERT L. BAILEY, PRESIDENT PRO-TEM

                                    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

 

ABSENT:                   W. SCOTT BIAS, PRESIDENT

 

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

 

APPROVE: 

 

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

 

Nancy Cartmill, Commissioner, moved to approve purchase orders #5646 B through #5956 B and pay jackets.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the minutes from the April 17, 2007 Special Commission meeting, minutes from the April 19, 2007 regular Commission meeting, erroneous assessments, land consolidations, split tickets and probate documentation.  Robert L. Bailey, President Pro-tem, 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 and Fort Dearborn Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

“PUBLIC HEARING” TO CONSIDER INCREASING HOTEL OCCUPANCY TAX

 

Robert L. Bailey, President Pro-tem, stated the legislature passed legislation which would allow counties to raise their hotel occupancy tax.  President Pro-tem Bailey further stated the county’s present rate was 3% and the Commission was considering raising the tax to 6%.  President Pro-tem Bailey went on to say Gerhard Krueger, President of the Cabell/Huntington Visitors & Convention Bureau, gave the Commission a list of current rates charged by hotels and motels in other areas and the county’s rate was well below that of other cities. 

 

Robert L. Bailey, President Pro-tem, asked if there was anyone who would like to speak against increasing the hotel occupancy tax and there were no objections.

THURSDAY, MAY 17, 2007

PAGE TWO

 

Mr. Krueger, President of the Cabell/Huntington Visitors & Convention Bureau, informed the Commission on several projects the Cabell/Huntington Visitors & Convention Bureau was involved with and also mentioned a project with the Tri-State Airport.  

 

Nancy Cartmill, Commissioner, asked if the Commission was correct with the time line in holding a public hearing.  Mr. Watson stated he had not seen any information regarding a time line.

 

Robert L. Bailey, President Pro-tem, closed the public hearing and stated the Commission would vote on this issue after Mr. Watson looked into the time line for the public hearing.

 

#132                            OTTIE ADKINS, ASSESSOR

                       

                                    RE:  CERTIFICATION OF LAND BOOKS

                                             CERTIFICATIONS FOR REAL ESTATE AND

                                             PERSONAL PROPERTY 

 

Nancy Cartmill, Commissioner, moved to approve the certification of land books and the certifications for real estate and personal property.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

#133                            LETTER, KIM WOLFE, SHERIFF

 

                                    RE:  EMPLOYMENT

 

Nancy Cartmill, Commissioner, moved to approve the employment of Clarence Nicley, as a temporary civilian summer intern for the months of June, July and August, effective the 1st week of June 2007.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

#134                            APPEARING, CURTIS B. ANDERSON, ESQUIRE 

 

                                    RE:  AMENDED PETITION TO REMOVE EXECUTOR, TO

                                             DISPENSE WITH ACCOUNTING FOR THE

                                             APPOINTMENT OF A SUCCESSOR EXECUTOR, DBN

                                             AND FOR COSTS IN THE ESTATE OF CHARLES R.

                                             BASHAM

 

William Watson, County Attorney, stated this item was a continuation from the last meeting where Mr. Anderson stated the Executrix had indicated to him she was willing to resign.  Mr. Watson further stated Tracey Hebert had since resigned as the Executrix of the Estate of Charles R. Basham and had signed a waiver regarding the estate.  Mr. Watson asked Mr. Anderson, Attorney representing Charles J. Basham, if Ms. Hebert had agreed to have the costs of the proceedings come out of her share of the estate and Mr. Anderson replied Ms. Hebert had so agreed.  Mr. Watson stated the documentation was in order and recommended the Commission sign the order.

THURSDAY, MAY 17, 2007

PAGE THREE

 

Nancy Cartmill, Commissioner, moved to approve the order releasing Tracey Hebert as Executrix of the Estate of Charles R. Basham and that Charles J. Basham be appointed Executor and that Tracey Hebert be charged with any costs from this proceeding and for the costs to be paid from her share of the estate.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

#135                            REIMBURSEMENT OF EXPENSES TO WASHINGTON, D.C.,

                                    TO REPRESENT CABELL COUNTY FOR THE ROUTE 10

                                    COALITION

 

Nancy Cartmill, Commissioner, moved to approve the expenses for representation for Cabell County regarding the Route 10 Coalition.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous. 

 

#136                            JUDICIAL ORDER REGARDING COURTHOUSE SECURITY

 

Nancy Cartmill, Commissioner, moved to table this item until the next meeting.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

#137                            APPROVAL OF PAYMENT FROM DOG FUND FOR LOSS OF

                                    23 FARM CHICKENS KILLED BY DOGS - $219.00

 

Stephen Zoeller, County Manager, stated the Commission received a police report that would verify the livestock that were killed and a letter from the owner of the livestock along with a letter from John Marra with the value of the livestock killed, therefore, he would recommend the Commission approve payment if funds were available.    

 

Commissioner Cartmill stated that according to the letter from Michalle Boren only 21 chickens were killed, not 23 as indicated.

 

Nancy Cartmill, Commissioner, moved to approve paying for the amount of chickens killed, if money was available at the end of the fiscal year.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous. 

 

#138                            LETTER AND RESOLUTION, CABELL COUNTY

                                    COMMISSION

 

                                    RE:  GRANT APPLICATION FOR THE WEST VIRGINIA

                                             DIVISION OF HOMELAND SECURITY AND

                                             EMERGENCY MANAGEMENT, 2007 EMERGENCY

                                             MANAGEMENT PERFORMANCE GRANT 

 

Gordon Merry, CCEMS Director, stated this was an ongoing grant that provided funds, in the amount of $314,048.00, to ensure NIMS compliance and CCEMS was responsible for the 50% match.

 

THURSDAY, MAY 17, 2007

PAGE FOUR

 

Nancy Cartmill, Commissioner, moved to approve the grant application, in the amount of $314,048.00, for CCEMS.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#139                            LETTER, A. GORDON MERRY, CABELL COUNTY

                                    EMERGENCY MEDICAL SERVICES

 

                                    RE:  AUTHORIZE CABELL COUNTY COMMISSION GRANT

                                             APPLICATION FOR WEST VIRGINIA HOMELAND

                                             SECURITY, REGION 6 TO UNDERTAKE PLANNING IN

                                             SUPPORT OF MASS EVACUATION 

 

Mr. Merry stated this was discussed at the May 3, 2007 Commission meeting and the funds from this grant would be used to hire a planner to facilitate the development of a regional mass evacuation plan. 

 

Nancy Cartmill, Commissioner, moved to approve the application for a grant, in the amount of $75,000.00.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#140                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ADOPTION OF A

                                             RESOLUTION AUTHORIZING THE FILING OF AN

                                             EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE

                                             GRANT (JAG) APPLICATION FOR FY 2005 FUNDS

                                             IN THE AMOUNT OF $67,893.00 

 

Kim Wolfe, Sheriff, stated this was a joint grant, in the amount of $67,893.00, which would be shared with the City of Huntington and would be used for the purchase of equipment.

 

Nancy Cartmill, Commissioner, moved to approve the filing of an Edward Byrne Memorial JAG grant, in the amount of $67,893.00.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (C) 

 

 

#141                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  RENEWAL OF CONTRACT: 

                                             PROJECT TITLE:  CABELL-WAYNE ASSOCIATION

                                             OF THE BLIND PROJECT NUMBER:  06LEDA0044

 

Connie Gray, Administrator of Grants, Planning and Permits, stated this was a request for an extension to allow the Association time to carryout the terms of the contract.

 

 

THURSDAY, MAY 17, 2007

PAGE FIVE

 

Nancy Cartmill, Commissioner, moved to approve the request for an extension by the Cabell-Wayne Association of the Blind.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

#142                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ADOPTION OF A

                                             RESOLUTION APPROVING A SUBSTANTIAL

                                             REALLOCATION OF THE HOME INVESTMENT

                                             PARTNERSHIP TRUST FUND GRANT ALLOCATION

                                             FOR FISCAL YEAR 2003, 2004 AND 2005 FROM                                                          CABELL COUNTY HOMEBUYER PROJECTS  

 

Stephen Zoeller, County Manager, informed the Commission items #142 and #143 had been approved at the last meeting and this was a technical correction.  Mr. Zoeller stated that no money had been spent out of the reallocations.

 

Nancy Cartmill, Commissioner, moved to approve the resolution for reallocations for fiscal years 2003, 2004 and 2005 from the Cabell County Homebuyer Projects.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (D)

 

#143                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ADOPTION OF A

                                             RESOLUTION APPROVING A SUBSSTANTIAL

                                             REALLOCATION OF THE HOME INVESTMENT

                                             PARTNERSHIP TRUST FUND GRANT ALLOCATION

                                             FOR FISCAL YEARS 2004 AND 2005 FROM          

                                             COMMUNITY HOUSING DEVELOPMENT

                                             ORGANIZATION PROJECTS     

 

Nancy Cartmill, Commissioner, moved to approve the resolution for reallocation for fiscal years 2004 and 2005, from Community Housing Development Organization Projects.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (E)

 

#144                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT – HOME CONFINEMENT OFFICER

 

Nancy Cartmill, Commissioner, moved to approve the employment of David Wesley Zirkle as a full time Alternative Sentencing Officer, effective June 1, 2007, with a rate of pay of $21,000.00 per year.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous. 

 

 

THUURSDAY, MAY 17, 2007

PAGE SIX

 

#145                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADOPTION OF A DRUG POLICY FOR CABELL  

                                             COUNTY COMMISSION EMPLOYEES

 

Nancy Cartmill, Commissioner, moved to approve the adoption of a drug policy for county Commission employees.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#146                            LEASE AGREEMENT BETWEEN THE CABELL COUNTY

                                    COMMISSION AND JUDITH A. BEASLEY

 

                                    RE:  FEMA PROPERTY IN ONA, CABELL COUNTY

 

Nancy Cartmill, Commissioner, stated that #1 “Terms and Notices” pursuant to paragraph 10 in the lease agreement, needed to be corrected and should say #1 “Terms and Notices,” paragraph #8.

 

Nancy Cartmill, Commissioner, moved to approve the agreement for the use of FEMA property between the County Commission and Judith A. Beasley.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous. 

 

#147                            APPLICATION FOR LOAN REPAYMENT EXTENSION

                                    CABELL COUNTY COMMISSION AND WEST VIRGINIA

                                    STATE ELECTION COMMISSION

 

Stephen Zoeller, County Manager, stated the Secretary of State granted an extension annually on the election equipment, however, the county must request the extension every year along with documentation.  Mr. Zoeller stated that once the old election equipment was paid, the county would make payments on the existing equipment. 

 

Nancy Cartmill, Commissioner, moved to approve the application for loan repayment extension with the West Virginia State Election Commission.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.

 

#148                            RESOLUTION, GENERAL FUND, COUNTY BUDGET

                                    REVISION #8, FY 2006-2007

 

Nancy Cartmill, Commissioner, moved to approve General Fund, County Budget Revision #8.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (G)

 

 

 

 

 

THURSDAY, MAY 17, 2007

PAGE SEVEN

 

#149                            RESOLUTION, GENERAL FUND, STATE BUDGET

                                    REVISION #12, FY 2006-2007

 

Nancy Cartmill, Commissioner, moved to approve General Fund Budget Revision #12.  Robert L. Bailey, President Pro-tem, seconded the motion and the vote was unanimous.  Exhibit (H) 

 

Robert L. Bailey, President Pro-tem, stated someone from the City of Huntington had told people that the city was losing money because the County Commission removed the real estate tax on a structure, once the structure was demolished and a lien was placed on the property.

 

President Pro-tem, Bailey asked that the record show that the County Commission, sitting as the Board of Equalization, could not remove real estate taxes and once liens were placed on property, the real estate tax still had to be paid before the property was sold.   

 

Robert L. Bailey, President Pro-tem, stated he had heard that rates were being raised once the Pea Ridge Public Service District extended the sewer line to Route 2 and he would like Mr. Zoeller or Mr. Tatum to look into the matter.

 

Stephen Zoeller, County Manager, informed the Commission that Chris Tatum, Assistant County Manger, Oscar Adkins, Director of Home Confinement, and Shawna Rocknich, Director of the Day Report Center, traveled to Charleston to request grant funds for the Day Report Center.

 

Robert L. Bailey, President Pro-tem, adjourned the Commission meeting at 11:05 a.m., until the next regular scheduled meeting on Thursday, May 31, 2007, at 10:00 a.m.

 

 

 

 

 

 

 

                                                            ____________________________________________

                                                                 PRESIDENT, COUNTY COMMISSION

 

 

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