COMMISSION MEETING

THURSDAY, MAY 3, 2007

 

PRESENT:                 W. SCOTT BIAS, PRESIDENT

                                    ROBERT L. BAILEY, COMMISSIONER

                                    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

 

W. Scott Bias, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVE:

 

Stephen Zoeller, County Manager, informed the Commission that an item, regarding bids for Geotechnical Services for the new E-911 Building, needed to be added to the agenda.

 

Robert L. Bailey, Commissioner, moved to approve amending the agenda regarding Geotechnical Services for E-911.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the amended agenda.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve purchase orders #5441 B through #5645 B and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the minutes of the April 5, 2007 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 the 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. 

 

“PUBLIC HEARING” AND TEFRA NOTICE REGARDING ISSUANCE OF    

 OF MARSHALL UNIVERSITY BONDS 

 

Audy Perry, Attorney representing Marshall University, stated this was a follow up to the inducement resolution, for the issuance of bonds for Marshall University, that was approved at the April 5, 2007 Commission meeting.  Mr. Perry provided documentation showing the public hearing had been advertised.

THURSDAY, MAY 3, 2007

PAGE TWO

 

A. Michael Perry, Board of Trustees for Marshall University, appeared before the Commission requesting the approval for the issuance of bonds in order for the project to move forward.  Mr. Perry stated that a well educated workforce was needed for the region’s future and providing a state of the art facility would attract more students. 

 

Steve Burton, District Labor Leader, stated he agreed with Mr. Perry and urged the Commission to approve passage of the bond resolution.

 

W. Scott Bias, President, asked if there were anyone who would like to speak against the bond resolution and as there were no objections, President Bias closed the public hearing.

 

#119                            APPEARING, AUDY M. PERRY, ESQUIRE 

 

                                    RE:  A BOND RESOLUTION AUTHORIZING THE

                                             FINANCING OF THE COSTS OF ACQUISITION,

                                             INSTALLATION, FURNISHING, AND EQUIPPING OF

                                             HOUSING FACILITIES AND A WELLNESS CENTER TO

                                             BE LOCATED ON THE CAMPUS OF MARSHALL

                                             UNIVERSITY IN CABELL COUNTY, WEST VIRGINIA,

                                             AND THE ISSUANCE, SALE AND DELIVERY BY

                                             CABELL COUNTY, WEST VIRGINIA BY AND

                                             THROUGH THE COUNTY COMMISSION OF CABELL

                                             COUNTY, WEST VIRGINIA, UNIVERSITY FACILITIES

                                             REVENUE BONDS (MSH-MARSHALL, LLC-MARSHALL

                                             UNIVERSITY PROJECT) SERIES 2007 (the “BONDS”) IN

                                             AN AMOUNT NOT TO EXCEED $125,000,000 IN ONE OR

                                             MORE SERIES PURSUANT TO ARTICLE 2C, CHAPTER

                                             13, WEST VIRGINIA CODE, AS AMENDED;

                                             AUTHORIZING THE EXECUTION AND DELIVERY BY

                                             THE COUNTY OF ALL INSTRUMENTS, AGREEMENTS

                                             AND DOCUMENTS NECESSARY TO ACCOMPLISH

                                             THE FOREGOING; AND AUTHORIZING THE TAKING

                                             OF ANY OTHER ACTION NECESSARY RELATING

                                             THERETO  

 

 

Nancy Cartmill, Commissioner, moved to approve the resolution for the issuance of bonds for Marshall University.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#120                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE PLEDGING OF

                                            COLLATERAL BONDS BY FIRST SENTRY BANK

 

 

THURSDAY, MAY 3, 2007

PAGE THREE

 

Robert L. Bailey, Commissioner, moved to approve the pledging of collateral bonds by First Sentry Bank.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#121                            APPEARING, R.R. FREDEKING, ESQUIRE

 

                                    RE:  NOTICE OF HEARING AND PETITION FOR

                                             REMOVAL OF EXECUTRIX IN THE ESTATE OF

                                             MABEL KELLEY MILLS 

 

R. R. Fredeking, Attorney for Solomon Smallridge and Ronald Smallridge, informed the Commission that Teresa Ellis had not performed her duties as the Executrix of the Estate for Mabel Kelley Mills.  Mr. Fredeking stated he was requesting Ms. Ellis be removed as the Executrix of the Estate of Ms. Mills and an alternate Executor be appointed to administer said Estate. 

 

Mr. Fredeking stated he had notified all parties involved and would like to call several witnesses to give statements regarding the estate.

 

Ronald Smallridge, resident of Grove City, Ohio and nephew of Ms. Mills, was duly sworn in by William Watson, County Attorney.  

 

Mr. Smallridge stated Ms. Mills, in her will, directed her estate be sold by the Executrix and the proceeds be equally divided between several parties, including Ms. Ellis and the reminder and residue of Ms. Mills property be divided equally to the same parties.

 

Mr. Smallridge stated that Ms. Ellis took possession of the house and allowed her daughter to live in the house rent free since approximately December 1, 2005 until the present time.  Mr. Smallridge further stated Ms. Ellis had not filed an appraisal on the estate. 

 

Solomon Smallridge, resident of Lockbourne, Ohio and nephew of Ms. Mills, was duly sworn in by William Watson, County Attorney. 

 

Mr. Smallridge stated he agreed with everything his brother had told the Commission.  Mr. Smallridge further stated his health problems would not allow him to participate as an Executor, however, he would like for his brother, Ronald Smallridge, to be appointed as Executor.

 

Teresa Ellis asked Solomon Smallridge if he had received a call from her requesting to set a date with the family to go over the distribution of the estate.  Mr. Smallridge replied he did not receive a call, however, he did receive a letter from the Probate Office informing him Ms. Ellis had been made Executrix of the Estate and if he had questions to call Ms. Ellis.  Mr.  Smallridge stated Ms. Ellis told him she was thinking of purchasing the house for her daughter. 

 

 

THURSDAY, MAY 3, 2007

PAGE FOUR

 

Mr. Smallridge further stated he told Ms. Ellis to list her expenses for taking care of Ms. Mills and to hire an attorney and then go to the Probate Office, regarding the possible purchase of the house.  Mr. Smallridge informed the Commission that family members were not interested in purchasing the house.

 

Commissioner Bailey asked Mr. Smallridge if the property was supposed to be sold.  Mr. Smallridge replied that Ms. Ellis was supposed to have sold the property and divided the proceeds between the parties listed in the will.

 

Mr. Smallridge stated he had recommended Ms. Ellis to be the Executrix of the Estate as Ms. Ellis had taken excellent care of, his aunt, Ms. Mills. 

 

Teresa Ellis, resident of Huntington, was duly sworn in by William Watson, County Attorney.   

 

Ms. Ellis stated Ms. Mills was not a relative, but had taken care of Ms. Ellis’s children when they were young and after Ms. Mills became ill, Ms. Ellis became her care taker.

 

Mr. Watson stated the problems the Commission must consider would be that Ms. Ellis had not carried out the wishes of Ms. Mills, as stated in her will, when she did not sell the property and divide the assets between the parties listed in the will.  Mr. Watson further stated Ms. Ellis did not file an appraisal on the estate, and she had allowed her daughter to live in the house rent free. 

 

Ms. Ellis stated her daughter was living in the house in order to keep insurance on the property.

 

Ms. Ellis stated she had mailed documents to the Probate Office as she was unable to come to the Courthouse.  Mr. Fredeking stated he had spoken with the Probate Office and they had not received any documents.

 

Mr. Watson asked Ms. Ellis if she would like to continue as the Executrix and Ms. Ellis replied she would. 

 

Ms. Ellis stated she had a realty company to look at the house and there were some problems with the foundation.

 

Mr. Watson stated that no appraisal had been filed in the Probate Office and until that was completed and publish for creditors, nothing else could be done and he recommended Ms. Ellis hire an attorney to assist her with an accounting of the estate. 

 

Robert L. Bailey, Commissioner, moved to grant the petition to remove Teresa Ellis as Executrix of the Estate of Mabel Kelley Mills and require Ms. Ellis to file an accounting from the date of her appointment until the present and to appoint Ronald Smallridge as the Executor of the Estate.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, MAY 3, 2007

PAGE FIVE

 

William Watson, County Attorney, informed Ms. Ellis if she was unhappy with the Commission’s decision, she could take the matter to the Circuit Court.

 

#122                            APPEARING, CURTIS B ANDERSON, ESQUIRE

 

                                    RE:  PETITION TO REMOVE EXECUTOR, REQUIRE

                                            ACCOUNTING, FOR THE APPOINTMENT OF A

                                            SUCCESSOR ADMINISTRATOR, WWA AND FOR

                                            COSTS IN THE ESTATE OF CHARLES R. BASHAM

 

Curtis Anderson, Attorney representing Charles J. Basham, requested the Commission continue this matter until a later date.  

 

Robert L. Bailey, Commissioner, moved to table this matter until a later date.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

#123                            APPEARING, SEAN MAYNARD, ESQUIRE

 

                                    RE:  PETITON TO REMOVE EXECUTRIX AND FOR

                                             APPOINTMENT OF SUCCESSOR PERSONAL

                                             REPRESENTATIVE IN THE ESTATE OF

                                             MILDRED HENSLEY    

 

Sean Maynard, Attorney representing Brenda Ramey, appeared before the Commission requesting that Shelia Kendrick be removed as Executrix of the Estate of Mildred Hensley.  Mr. Maynard stated that Ms. Kendrick had filed an assessment and the last will and testament.  Mr. Maynard further stated Ms. Kendrick had failed to properly fulfill her fiduciary responsibilities by failing to pay debts to Sears and Beard’s Mortuary, failed to sell the decedent’s home and distribute the proceeds in accordance to Ms. Hensley’s will, failed to pay real estate taxes on the property, which resulted in the home being sold for taxes and Ms. Kendrick was residing in the decedent’s home without paying rent to the estate.

 

William Watson, County Attorney, asked Ms. Kendrick if she had paid the bills. Ms. Kendrick replied no the bills had not been paid, however, her sister was the beneficiary of two insurance policies and she was supposed to pay the bills.  Mr. Watson stated even though the sister was the beneficiary of the insurance policies, she was not required to the pay any bills relating to the decedent.

 

Ms. Kendrick stated she was making payments on the bills as best she could and had tried to sale the property and make repairs to the house, but there were some problems.

 

Mr. Watson asked Ms. Kendrick if she knew the house had been sold for back taxes and Ms. Kendrick replied she did not know the house had been sold.

 

 

 

THURSDAY, MAY 3, 2007

PAGE SIX

 

Mr. Watson stated he would recommend Ms. Kendrick get legal assistance in order to help her with the problems she had encountered with the estate and it was not too late to redeem the property.

 

Robert L. Bailey, Commissioner, moved to grant the petition to remove Shelia Kendrick as the Executrix of the Estate of Mildred Hensley and to file an accounting of the estate and to appoint the Petitioner, Brenda Ramey as Executrix.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Nancy Cartmill, Commissioner, moved to approve for the President of the Commission to sign the order when submitted.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

#124                            DISCUSSION/ACTION:  AWARD BID

 

                                    RE:  4TH AVENUE EXTERIOR STONEWORK RESTORATION

 

Stephen Zoeller, County Manager, informed the Commission that the low bid from Allegheny Restoration was in error and the company submitted an affidavit to the fact, however, due to the error the bid must be rejected.  Mr. Zoeller stated the next low bid was from General Restoration for a base bid of $162,480 and an alternate bid of $26,900, which would be additional work on the entrance balustrades.

 

The Commission had a lengthy discussion on whether to re-bid the job, only doing a portion of the job, completing the project with funds from the Building Fund, which would take a sizable potion out of the fund and the problem of having different contractors work on the project which could mismatch the stone.

 

Robert L. Bailey, Commissioner, moved to complete the whole project by using $109,388 from the Building Fund with the reminder of the project funded through a State Grant.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.     

 

Award of the bid went to General Restoration in the amount of $189,380.

 

#125                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPROVAL OF THE BUDGET FOR FISCAL YEAR

                                             2007-2008 CABELL-HUNTINGTON-WAYNE HOME

                                             INVESTMENT TRUST FUND 

 

Nancy Cartmill, Commissioner, moved to approve the 2007-2008 Budget for the Cabell-Huntington-Wayne Home Investment Trust Fund.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

 

 

THURSDAY, MAY 3, 2007

PAGE SEVEN

 

#126                            LETTER, JOHN MARRA, WEST VIRGINIA UNIVERSITY

                                    EXTENSION SERVICE

 

                                    RE:  LOSS OF 23 FARM CHICKENS OWNED BY MICHALLE

                                             BOREN AND KILLED BY DOGS - $219.00

 

 

Stephen Zoeller, County Manager, stated the letter from Mr. Marra was to establish the market replacement value of the poultry.  Mr. Zoeller further stated he would like the Sheriff to verify this incident before approving any funds.

 

Nancy Cartmill, Commissioner, moved to have the Sheriff verify the lost of the poultry before approving funds for Michalle Boren.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#127                            APPROVAL OF THE ANNUAL MEMORANDUM OF

                                    AGREEMENT BETWEEN CABELL COUNTY COMMISSION,                                  WEST VIRGINIA UNIVERSITY COOPERATIVE EXTENSION                                  SERVICE AND THE COUNTY EXTENSION SERVICE

 

Nancy Cartmill, Commissioner, moved to approve the agreement between the Cabell County Commission, West Virginia University Cooperative Extension and the County Extension Service Committee.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

#128                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  SETTING OF PUBLIC HEARING TO CONSIDER

                                             INCREASING HOTEL OCCUPANCY TAX 

. 

Stephen Zoeller, County Manager, informed the Commission a date needed to be set for a Public Hearing to increase the Hotel/Motel Tax.

 

Robert L. Bailey, Commissioner, moved to approve having a public hearing on Thursday, May 17, 2007, at 10:00 a.m. to consider increasing the Hotel/Motel Tax.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

Exhibit (D)

 

#129                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  HOMELAND SECURITY ADMINISTRATIVE

                                             AGREEMENT 

 

 

 

 

THURSDAY, MAY 3, 2007

PAGE EIGHT

 

A. Gordon Merry, III, CCEMS Director, explained the state was awarded money each year for Homeland Security through the West Virginia Department of Military Affairs and Public Safety.  Mr. Merry stated a planner would be hired by the state to over-see a plan for mass evacuation and Cabell County would administrator the grant at no cost to the county..

 

Robert L. Bailey, Commissioner, moved to approve the resolution establishing Cabell County to serve as the host county for a planning grant to support mass evacuation.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

Exhibit (E)

 

 

#130                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  AUTHORIZE APPLICATION FOR WEST VIRGINIA

                                             GOVERNOR’S COMMUNITY PARTNERSHIP

                                             PROGRAM FUNDS FOR TRI-STATE FIRE SCHOOL

                                            $28,596.00

 

Nancy Cartmill, Commissioner, moved to approve the application to the West Virginia Governor’s Community Partnership Program fund, for the Tri-State Fire School, in the amount of $28,863.00.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F) 

 

#131                            DISCUSSION/ACTION

 

                                    RE:  AUTHORIZING COST ANALYSIS FOR RENOVATION

                                            OF OFFICE BUILDING AT CABELL COUNTY FARM

 

Stephen Zoeller, County Manger, stated he and Assistant County Manager, Chris Tatum, had discussed with Pete Meadows, Maintenance Supervisor, what was needed to repair the old farm building located in Ona.  Mr. Zoeller further stated there were many repairs that were needed and they believed it would be extremely expensive to renovate the building for office space.  Mr. Zoeller went on to say Mr. Meadows believed it would cost around $3,000 to get a cost analysis for the repairs.

 

Robert L. Bailey, Commissioner, asked when the new E-911 Center would be ready and Commissioner Bailey was told the center maybe ready by December, 2008 or the spring of 2009.   Commissioner Bailey asked if the employees could move to the 8th Avenue building once E-911 had moved.  Commissioner Cartmill stated it had been discussed but no decision had been made.

 

W. Scott Bias, President, stated he believed a cost analysis was needed before the Commission could make a decision on whether to sell or repair the building.

 

 

 

THURSDAY, MAY 3, 2007

PAGE NINE

 

Nancy Cartmill, Commissioner, asked who would be doing the cost analysis.  Mr. Zoeller stated Mr. Meadows had contacted several contractors to come and give him a free estimate, but no contractors were willing.  Mr. Meadows discussed with several contractors what the cost would be for the cost analysis and they informed him the cost would be approximately $3,000.00.

 

Commissioner Bailey asked what the building was used for and Mr. Tatum informed him the Sheriff had a detachment there and Courthouse records were stored in the building.

 

After a lengthy discussion, Robert L. Bailey, Commissioner, moved to approve $3,000 to obtain a cost analysis on renovating the farm building housing the Sheriff’s Department in Ona.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  

 

 

#132                            GEOTECHNICAL EXPLORATION SERVICES

                       

                                    RE:  BIDS  

 

Stephen Zoeller, County Manager, informed the Commission no bids were received for the geotechnical exploration services.  Mr. Zoeller stated he and Mike Davis, E-911 Director, would like the Commission’s permission to contact geotechnical firms for estimates.  Mr. Zoeller further stated if estimates come were over $15,000.00 they would need to re-bid the geotechnical exploration services.

 

Nancy Cartmill, Commissioner, moved to approve requesting estimates from geotechnical firms and re-bid the project if estimates were over $15,000.00.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, President, adjourned the Commission meeting at 11:40 a.m., until the next regular scheduled meeting on Thursday, May 17, 2007, at 10:00 a.m.

 

 

 

 

 

 

 

 

 

                                                            _____________________________________________

                                                                   PRESIDENT, COUNTY COMMISSION 

 

 

 

 

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