COMMISSION MEETING

THURSDAY, MARCH 8, 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 PURCHASING AND PERSONNEL 

 

W. Scott Bias, President, 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, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve purchase orders #4368 B through #4583 B and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Nancy Cartmill, Commissioner, moved to approve 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 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.

 

#041                            RESOLUTION CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE RENEWAL OF A LETTER

                                             OF CREDIT BY GUARANTY BANK & TRUST  

                                             COMPANY 

 

Nancy Cartmill, Commissioner, moved to approve the renewal of a letter of credit by Guaranty Bank & Trust Company.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#042                            LETTER, RESOLUTION, AND GRANT CONTRACT

           

                                    RE:  SMALL CITIES BLOCK GRANT CONTRACT –

                                             $300,000.00 GRANT AGREEMENT:  B-06DC-54-0001

                                             CABELL COUNTY COMMISSION – WATER LINE

                                             EXTENSION PROJECT NUMBER:  06SCBG0057 

THURSDAY, MARCH 8, 2007

PAGE TWO

 

Robert L. Bailey, Commissioner, moved to approve the grant contract, in the amount of $300,000.00, for the Salt Rock Water Public Service to extend a water service.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)  

 

#043                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF ADVERTISEMENT FOR AN

                                             INVITATION TO BID FOR THE RESTORATION OF

                                             THE STONEWORK ON THE 4TH AVENUE EXTERIOR

                                             SIDE OF THE CABELL COUNTY COURTHOUSE

 

Stephen Zoeller, County Manager, explained this was advertisement for the continuation of exterior work for the restoration of the 4th Avenue side of the Courthouse.

 

Robert L. Bailey, Commissioner, moved to approve advertisement for bids for work on the 4th Avenue side of the Courthouse.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#044                            LETTER, DONALD M. DAVIS, DIRECTOR,

            CABELL COUNTY EMERGENCY RESPONSE (E-911) 

 

                                    RE:  PRESENTATION OF A CHECK IN THE AMOUNT OF

                                             $8,642.36, FROM THE WEST VIRGINIA STATEWIDE

                                             ADDRESSING AND MAPPING BOARD

 

Mike Davis, E-911 Director, explained the check for $8,642.36, from the West Virginia Statewide Addressing and Mapping Board, represented the initial 10% disbursement of funds for the work plan that had been submitted by Cabell County for the completion of E-911 addressing project.

 

Robert L. Bailey, Commissioner, moved to accept the check, in the amount of $8,642.36, from the West Virginia Statewide Addressing and Mapping Board.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#045                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  TO SUPPORT EFFORTS TO FULLY FUND THE

                                             APPALACHIAN REGIONAL COMMISSION AND

                                             THE UNITED STATES DEPARTMENT OF

                                             COMMERCE ECONOMIC DEVELOPMENT

                                             ADMINISTRATION FOR FISCAL YEAR 2008 

 

Robert L. Bailey, Commissioner, moved to approve sending a letter of support regarding the Appalachian Regional Commission to Senator Robert C. Byrd.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

THURSDAY, MARCH 8, 2007

PAGE THREE

 

#046                            PROCLAMATION, CABELL COUNTY COMMISSION

                                    RE:  DECLARE APRIL, 2007, AS FAIR HOUSING MONTH

                                             IN CABELL COUNTY

 

Nancy Cartmill, Commissioner, moved to approve the Proclamation, as amended, declaring April, 2007 as Fair Housing Month in Cabell County.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D) 

 

#047                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENTS

 

Robert L. Bailey, Commissioner, moved to reappoint A. Gordon Merry, III and Mark Bates to the Board of Directors of Appalachian Emergency Medical Services, for terms beginning immediately and ending October 26, 2009.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)

 

#048                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENTS

 

Nancy Cartmill, Commissioner, moved to approve reappointments to the Cabell County Community Criminal Justice Board of Kim Wolfe, for a term beginning immediately and ending June 30, 2008 and Christopher Chiles, Robert Wilkinson, William Smith, Diane Mufson, Shawna Rocknick, W. Scott Bias, Christopher Tatum and Oscar Adkins with terms beginning immediately and ending June 30, 2009.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#049                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT  

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Jeremy Bailey to the Cabell County Community Criminal Justice Board, for a term beginning immediately and ending June 30, 2009.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)

 

#050                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENTS  

 

Robert L. Bailey, Commissioner, moved to approve reappointments to the Cabell County Development Authority of William M. Frazier, Don Ensor, Julian Saad, for terms beginning immediately and ending December 13, 2008 and John Stout, Liza Caldwell and Rick Woodard, with terms beginning immediately and ending December 13, 2009.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)

THURSDAY, MARCH 8, 2007

PAGE FOUR

 

#051                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENTS  

 

Robert L. Bailey, Commissioner, moved to approve appointments to the Cabell County Development Authority of Stephen Zoeller, for a term beginning immediately and ending December 13, 2008 and Christopher Tatum, for a term beginning immediately and ending December 13, 2009.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (I) 

 

#052                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENT

 

Nancy Cartmill, Commissioner, moved to approve the reappointment of Gerald W. Sutphin to the Cabell County Historic Landmarks Commission, for a term beginning immediately and ending August 8, 2009.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (J)

 

#053                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT   

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Edward Tucker to the Cabell County Historic Landmarks Commission, for a term beginning immediately and ending January 31, 2010.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (K)

 

#054                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENTS 

 

Robert L. Bailey, Commissioner, moved to approve reappointments to the Cabell County Planning Commission of Tim Milne, Nancy Cartmill and Dallas Moore, for terms beginning immediately and ending March 3, 2010 and Robert L. Bailey, for a term beginning immediately and ending December 31, 2012.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (L)

 

#055                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENT  

 

Robert L. Bailey, Commissioner, moved to approve the reappointment of Tom Rowsey to the Cabell County Solid Waste Authority, for a term beginning immediately and ending June 30, 2010.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (M)

 

THURSDAY, MARCH 8, 2007

PAGE FIVE

 

#056                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENT  

 

Nancy Cartmill, Commissioner, moved to approve the reappointment of Robert L. Bailey to the KYOVA Interstate Planning Commission, for a term beginning immediately and ending December 31, 2012.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (N)

 

#057                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENT

 

Robert L. Bailey, Commissioner, moved to approve the reappointment of Roger Sansom as a Commissioner to the Salt Rock Water Public Service District, for a term beginning immediately and ending December 31, 2012.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (O)

 

#058                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENT 

 

Nancy Cartmill, Commissioner, moved to approve the reappointment of Robert L. Bailey to the Region II Planning and Development Council, for a term beginning immediately and ending December 31, 2012.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (P)

 

#059                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  REAPPOINTMENT

 

Robert L. Bailey, Commissioner, moved to approve the reappointment of David Bunch to the Public Defenders Board, for a term beginning immediately and ending June 30, 2009.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (Q)

 

#060                            DISCUSSION/ACTION

 

                                    RE:  APPOINTMENT TO THE BOARD OF DIRECTORS

                                             OF SOUTHWESTERN COMMUNITY ACTION COUNCIL

 

Stephen Zoeller, County Manager, informed the Commission the Southwestern Community Action Council had restructured their by-laws which would take effect May 1, 2007.  Mr. Zoeller went on to say that currently the Commission had two appointments on the Board, those being Commissioner Cartmill and President Bias, however, under the new by-laws the Commission would have only one appointment.

 

THURSDAY, MARCH 8, 2007

PAGE SIX

 

Robert L. Bailey, Commissioner, moved to table this item until a later date.  W. Scott Bias, President, seconded the motion and the vote was unanimous.

 

#061                            DISCUSSION/ACTION REGARDING DISMISSAL OF 

                                    PROPOSAL TO MERGE THE PEA RIDGE PUBLIC

SERVICE DISTRICT, SALT ROCK SEWER PUBLIC

SERVICE DISTRICT AND CULLODEN PUBLIC

SERVICE DISTRICT 

 

Robert L. Bailey, Commissioner, moved to dismiss the proposed merger of the Pea Ridge Public Service District, Salt Rock Sewer Public Service District and the Culloden Public Service District.  Nancy Cartmill, Commissioner, seconded the motion.

 

Michael Seaton, Pea Ridge resident, asked what decision the Public Service Commission had made regarding a study.

 

W. Scott Bias, President informed Mr. Seaton that the Public Service Commission had refused to spend money on a study unless the Commission voted to merge the districts and once the Commission voted to merge, it would have been taken completely out of the hands of the Commission.

 

President Bias called for a question on the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, stated for the record she was still upset over the way the proposed merger was handled with no regards to the employees who were concerned about their jobs and she also believed a feasibility study should have been done first.

 

#062                            AGREEMENT, CABELL COUNTY COMMISSION

 

                                    RE:  USE OF COURTHOUSE GROUNDS PERMIT

                                             “NATIONAL DAY OF PRAYER” MAY 3, 2007

                                              11:00 A.M. TO 1:00 P.M.

 

Robert L. Bailey, Commissioner, moved to approve the use of Courthouse grounds for “National Day of Prayer” on May 3, 2007 from 11:00 a.m. to 1:00 p.m.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#063                            AGREEMENT, CABELL COUNTY COMMISSION

 

                                    RE:  USE OF COURTHOUSE GROUNDS PERMIT

                                             “EASTER EGG HUNT” APRIL 8, 2007

                                              10:00 A.M. TO 1:00 P.M.

 

Robert L. Bailey, Commissioner, moved to approve use of the Courthouse grounds for “Easter Egg Hunt” on April 8, 2007 from 10:00 a.m. to 1:00 p.m.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

THURSDAY, MARCH 8, 2007

PAGE SEVEN

 

#064                            LEASE AGREEEMENT BETWEEN CABELL COUNTY

                                    COMMISSION AND THE HUNTINGTON OUTDOOR

                                    THEATRE

 

                                    RE:  1133 TWENTIETH STREET, HUNTINGTON, WV 

 

William Watson, County Attorney, stated this agreement was for the old CCEMS station building on 20th Street.  Mr. Watson further stated the Huntington Outdoor Theatre would use the building for storage and be responsible for the maintenance, repairs, utilities and insurance for the building.  Mr. Watson went on to say the agreement would be for one year with a thirty day notice clause for each party.

 

Robert L. Bailey, Commission, moved to approve the lease between the Cabell county Commission and the Huntington Outdoor Theatre for the old CCEMS Station, located on 20th Street.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (Q)

 

#065                            LEASE AGREEMENT BETWEEN THE CABELL COUNTY

                                    COMMISSION AND JERRY HODGE

 

                                    RE:  FEMA PROPERTY IN MILTON, CABELL COUNTY

 

Stephen Zoeller, County Manager, stated this agreement with Mr. Hodge would be for the use of FEMA property owned by the county.  Mr. Zoeller further stated the Mr. Hodge would be responsible for the upkeep of the property.

 

Nancy Cartmill, Commissioner, moved to approve the lease between the Cabell County Commission and Jerry Hodge for the use of FEMA property owned by the county.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (R)

 

#066                            CORRECTIVE DEED BETWEEN CABELL COUNTY

                                    COMMISSION AND JUDITH A. BEASLEY

 

                                    RE:  FEMA PROPERTY-3994 SCOUT CAMP ROAD

 

William Watson, County attorney, stated when this property was acquired from Ms. Beasley the legal description was wrong and this action would correct that error.

 

Nancy Cartmill, Commissioner, moved to approve the corrective deed between the Commission and Judith A. Beasley for property, located ay 3994 Scout Camp Road.  Robert L. Bailey, commissioner, seconded the motion and the vote was unanimous.  Exhibit (S)

 

 

 

 

THURSDAY, MARCH 8, 2007

PAGE EIGHT

 

CITIZENS REGISTERED TO SPEAK

 

Pete Smith, Broadmoor Drive resident, informed the Commission the residents who live on Broadmoor Drive were very concerned about two mobile homes on their street.  Mr. Smith went on to say that the property was in horrible shape and had not being kept up to standards. 

 

Mr. Smith presented a petition signed by the residents requesting the Commission address derelict properties.   

 

William Watson, County Attorney, stated this was a complex situation and a costly one for the county.  Mr. Watson went on to say there was a long and involved process the county would need to use if the Commission should decide to take any action on derelict properties.

 

Jim Scheidler, Chief Deputy Sheriff, stated that investigations take time due to a process that must be followed by law.

 

#067                            EXECUTIVE SESSION REGARDING PERSONNEL

                                    MATTER

 

Robert L. Bailey, Commissioner, moved to go into executive session to discuss a personnel matter.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

The Commission went into executive session at 10:35 a.m.

 

The Commission came back into regular session at 10:55 a.m., with no action taken.

 

Stephen Zoeller, County Manager, stated the Commission needed to have a special meeting March 13, 2007 to discuss the 2007-2008 budget.

 

Robert L. Bailey, Commissioner, moved to approve the special meeting on Tuesday, March 13, 2007, at 10:00 a.m., to discuss the budget.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

William Watson, County Attorney, announced that he and Mike Davis, E-911 Director, would soon be meeting with banking officials to discuss funding for the new E-911 building.

 

W. Scott Bias, President, adjourned the meeting at 11:05 a.m., until the next scheduled meeting on Tuesday, March 13, 2007, at 10:00 a.m.

 

 

 

                                                __________________________________________________

                                                        PRESIDENT, COUNTY COMMISSION

 

 

 

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