COMMISSION MEETING

THURSDAY, APRIL 5, 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:

 

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 #4909 B through #5127 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 March 8, 2007 Commission meeting, erroneous assessments, land consolidation, 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 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.

 

#084                            PROCLAMATION HONORING THE 2007 STATE AAA MEN’S

BASKETBALL CHAMPION, HUNTINGTON HIGHLANDERS 

 

Robert L. Bailey, Commissioner, moved to approve the matter of the adoption of a proclamation “Declaring April 6, 2007 as Huntington Highlander Day.”  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A) 

 

#085                            PROCLAMATION, CABELL COUNTY COMMISSION

                                   

                                    RE:  NATIONAL TELECOMMUNICATOR’S WEEK

                                             APRIL 9-13, 2007     

 

 

 

THURSDAY, APRIL 5, 2007

PAGE TWO

 

Nancy Cartmill, Commissioner, moved to approve the adoption of a proclamation “Declaring April 9-13, 2007, National Telecommunicator’s Week in Cabell County.”  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Exhibit (B)

 

#086                            DISCUSSION/ACTION REGARDING LITTLE VICTORIES

                                    ANIMAL RESCUE CENTER

 

 

W. Scott Bias, President, stated the ground rules for discussion on the animal rescue center would be as follows: the speaker would state their name and address, the speaker would be allowed to speak one time, all comments would be addressed to the Commission and each speaker would be limited to speak for five minutes. 

 

Stan Mills, Program Manager for the Health Department, stated he had reviewed the plans for the facility and he believed the rescue center would be a state of the art facility.  Mr. Mills further stated he could not see where the shelter would be harmful to humans, as the rescue center had followed plans and had addressed potential problems.

 

Robert L. Bailey, Commissioner, asked Mr. Mills if the rescue center had met all requirements.  Mr. Mills informed the Commission the shelter was in compliance with existing regulations. 

 

Jennifer Holley, 230 Forrest Road, stated Little Victories had spent time and money to acquire the property on Wire Branch Road.  Ms. Holley further stated they had received donations from individuals, businesses, churches and scout troops.  Ms. Holley explained some of the programs, including the adoption program the rescue group provided for the community.

 

Jim Spencer, 3 Circle Drive, stated he was here as the President of Help for Animals, a non-profit organization.  Mr. Spencer gave statistics on how many animals were euthanized and homeless and urged the Commission to approve the permit for Little Victories.

 

Bill Webb, 157 Honeysuckle Lane, stated he was a volunteer for Little Victories and was very impressed with the dedication and caring of all the volunteers.  Mr. Webb further stated he believed the property, that was purchased, was well suited for what Little Victories wanted to do and Little Victories planned to be a good neighbor to the community.

 

Erica Cheetham, 1020 12th Avenue, explained to the Commission about the animals she had rescued and told of the time and money volunteers spend.  Ms. Cheetham stated that no volunteer would allow animals to live in a deplorable shelter and further stated they would like for people to visit the shelter.  Ms. Cheetam urged the Commission to give the shelter a chance.

 

 

 

THURSDAY, APRIL 5, 2007

PAGE THREE

 

Marvin Dillon, Wire Branch Road, stated he believed that Little Victories was doing a great job, however, he believed they picked the wrong location for their shelter.  Mr. Dillon further stated that Wire Branch Road was too narrow for all the traffic the shelter would bring.  Mr. Dillon went on to say he had research the No Kill Shelters on line and since they do not receive public funds, only donations, he was worried they would not have enough funds to maintain the shelter.  Mr. Dillon stated he was concerned that people would drop animals off when no one was around and he also believed the shelter would destroy his neighborhood.

 

Jane Ross, Wire Branch Road, stated she went to the Mason County Animal Shelter where they informed her that people do drop animals off at the shelter and they also have problems keeping volunteers and having enough funds to run their shelter.  Ms. Ross went on to say the Mason County Shelter would not recommend a No Kill Shelter and she believed Wire Branch Road was not a good place for an animal shelter.

 

Mary Williams, Wire Branch Road, stated she also went to the shelter in Mason County, which was not located in a neighborhood like Wire Branch Road, and the shelter had a very bad odor.  Ms. Williams further stated she was concerned that dogs at the shelter may get loose and attack the children waiting for the school bus.  Ms. Williams also told the Commission she believed the shelter would cause property values to decrease.

 

Sue Brown, Price Creek Road, stated she was the founder and president of Little Victories and she started the organization four years ago.  Ms. Brown further stated she believed the road was passable as she has seen a horse trailer and several large trucks on the road.  Ms. Brown informed the Commission she had followed every requirement needed to open the shelter and the area around the shelter would be attractive, the animals would be taken care of and they also would be under a doctor’s care.  Ms. Brown stated the shelter did not adopt vicious dogs.  Ms. Brown further stated she believed the No Kill Shelter would take a burden off the county shelter.

 

Paul Ryker, Attorney for Marvin Dillon, stated he had hoped this would be a full hearing and he had believed the hearing  would be held in one of the courtrooms.  Mr. Ryker went on to say over $1,000.00 had been spent in preparation for the hearing and he had prepared to bring in an expert witness on No Kill Shelters and he was upset that he would be unable to do this.

 

Mr. Ryker stated the residents on Wire Branch Road were very concerned that the shelter would cause their property values to decrease.  Mr. Ryker further stated the residents were concerned about the noise from the shelter, the disposal of animal waste, there being no concrete pads at the shelter, fear the animals would burrow under the fence and they had concerns as to what would happen if no funding was available.  Mr. Ryker provided the Commission with articles from PETA, regarding No Kill Shelters, which explained the problems these type of shelters experience.  Mr. Ryker went on to say if the shelter permit was granted it would place a burden on the residents because if the regulations were not followed, the only recourse would be Circuit Court.  Mr. Ryker requested the PETA articles and his letter to Mr. Watson be placed on record.

 

 

THURSDAY, APRIL 5, 2007

PAGE FOUR

 

William Watson, County Attorney, stated he took issue with a statement in the letter from Mr. Ryker regarding the possibility of the open meeting laws being violated.  Mr. Watson, stated for the record, that he did not meet with the Commissioners as a group, therefore no open meeting laws had been violated.

 

Mr. Ryker stated, for the record, that since the ground rules had changed beyond what he believed they would be, he would like it noted he took exception to the ground rules.

 

Howard R. Crews, Attorney for Little Victories, stated he had provided and filed a response to Mr. Dillon’s petition.  Mr. Crews further stated Mr. Dillon’s petition was premature, as there had been no violations committed regarding the shelter.  Mr. Crews went on to say Ms. Brown met with county employees before purchasing the property on Wire Branch Road, to determine whether a animal shelter could be built on the property and Ms. Brown was told the property had no restrictions or zoning, however, Ms. Brown was told that in order for a building permit and animal shelter permit to be issued, she would first need to purchase the land.  Mr. Crews asked the Commission to deny Mr. Dillon’s petition and to grant the permit for the No Kill Shelter.

 

Joyce Thomas, Wire Branch Road, stated most of the people who live on Wire Branch Road had lived there a long time and were over fifty years old. Ms. Thomas told the Commission some of the Little Victories supporters had not been very nice and their dog had mauled a neighbor’s dog.  Ms. Thomas asked the Commission to consider the peace and quiet the residents have enjoyed for many years.

 

Robert L. Bailey, Commissioner, stated he did not think the Commission could do anything else but deny Mr. Dillon’s petition.  Commissioner Bailey further stated the shelter had met all the requirements and regulations and he believed the Commission had no choice but to grant the shelter their permit to open the shelter and if the shelter did violate the guidelines, the residents could take Little Victories to court.

 

William Watson stated he had reviewed all the documents and all requirements and guidelines have been met, the Health Department had signed off on the application, the administration staff of the Commission, who usually issue these permits, had stated the permit should be issued, therefore, he would recommend the Commission grant the permit.

 

W. Scott Bias, President, stated since there was no zoning in the county and the property did not have any restrictions, he believed the permit would have to be issued.  President Bias further stated that if the shelter violated the ordinances in place by the Commission, then the residents would have recourse to contest the shelter.

 

Robert L. Bailey, Commissioner, moved to deny Mr. Dillon’s petition and to grant the permit for Little Victories Animal Rescue.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

THURSDAY, APRIL 5, 2007

PAGE FIVE

 

#087                            INDUCEMENT RESOLUTION, CABELL COUNTY

                                    COMMISSION

 

                                    RE:  MARSHALL UNIVERSITY BONDS

 

Robert L. Bailey, Commissioner, moved to approve the inducement resolution regarding the sale of bonds for a Marshall University project.  Nancy Cartmill, Commissioner, seconded the motion.

 

William Watson, County Attorney, explained that Marshall University was requesting the county to be the issuer of  bonds, in the amount of $125,000,000, for university projects.  Mr. Watson further stated he had reviewed the documents and he would recommend the Commission sign in order for the university to be able to move forward with the project.

 

Steven Kopp, Marshall University President, stated the project would be to construct a recreation center, wellness center, student housing and outdoor athletic fields.  President Kopp further stated this project was very important to the community as well as to Marshall University.

 

William Watson, County Attorney, stated the bond issue had been discussed with Ottie Adkins, Assessor, and with the State Tax Department regarding the exemption of the project from valorem property taxes and the opinion was the project would be exempt.  

 

President Bias called for a question on the motion and the vote was unanimous.  Exhibit (C) 

 

#088                            APPEARING, BRUCE L. STOUT, ESQUIRE

 

                                    RE:  NOTICE OF HEARING AND PETITION FOR ELECTIVE

                                             ESTATE OF ROBERT L. CHAPMAN

 

Lindsay W. Taylor, Attorney for Nancy F. Chapman, stated a petition had been filed for Elective Share on the Estate of Robert L. Chapman and since that time Mr. Frasier and his client had filed a petition in Circuit Court to determine several issues regarding the estate.  Ms. Taylor further stated she was here today to request the Commission stay the Elective Share Hearing, pending a resolution in Circuit Court. 

 

William Watson, County Attorney, stated that since both sides had agreed to a stay in this matter, until the resolution of the pre-nuptial agreement was decided, he would recommend the Commission stay this matter.    

 

Nancy Cartmill, Commissioner, moved to approve to stay this matter until a decision was made in the Circuit Court.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

THURSDAY, APRIL 5, 2007

PAGE SIX

 

#089                            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 representing Solomon and Ronald Smallridge, appeared before the Commission to request approval of a petition to remove Teresa Ellis as Executrix of the Estate of Mabel Kelley Mills and for the appointment of an alternate Executor. 

 

William Watson, County Attorney, stated that he did not see in the petition where Ms. Ellis had been notified of this hearing and under due process she must be served.  Mr. Fredeking stated he thought everyone had been notified but he would check and let the Commission know before the end of the Commission meeting.

 

#090                            REIMBURSEMENT RESOLUTION, CABELL COUNTY

                                    COMMISSION

 

                                    RE:  IN THE MATTER OF STATING THE REASONABLE

                                             EXPECTATION TO REIMBURSE CABELL COUNTY

                                             FOR CAPITAL EXPENDITURES IN CONNECTION

                                             WITH THE PLANNING, DESIGN, ACQUISITION,

                                             CONSTRUCTION AND EQUIPPING OF A NEW 911

                                             EMERGENCY RESPONSE CENTER AND RELATED

                                             FACILITIES MADE PRIOR TO THE ISSUANCE OF

                                             TAX-EXEMPT REVENUE BONDS 

 

William Watson, County Attorney, explained the purpose of the reimbursement resolution, which was IRS regulated, would be if E-911 would advance money on this project they would have the opportunity at a later date to reimburse themselves of these advanced expenditures.

 

Fred Williams, Bond Counsel, stated this was a federal tax law requirement that gives the E-911 Center the flexibility to be reimbursed for expenditures that were made prior to the issues of bonds dealing with the building.  Mr. Williams further stated the Building Commission would issue the bonds.

 

Robert L. Bailey, Commissioner, moved to approve the reimbursement resolution regarding the new E-911 Center.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D) 

 

Mr. Watson stated the Commission, as owner of the property, would deed the land to the Building Commission and they in turn would lease it back to the Commission and the revenues from the lease would pay for the bonds.  Mr. Watson also informed the Commission a public hearing would need to be set to start the process.

 

THURSDAY, APRIL 5, 2007

PAGE SEVEN

 

#091                            LETTER, ADELL CHANDLER, CIRCUIT CLERK

 

                                    RE:  EMPLOYMENT  

 

Nancy Cartmill, Commissioner, moved to approve the employment of April B. DeMarco as a temporary part-time employee in the Circuit Clerk’s Office.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#092                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  RECLASSIFICATION – CCEMS  

 

Robert L. Bailey, Commissioner, moved to approve the reclassification of Adam Wayne Burgess as a full-time employee with CCEMS, effective April 6, 2007, with a rate of pay of $8.97 per hour.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

#O93                           RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  TRANSFER OF FUNDS FROM THE CAPITAL

                                             IMPROVEMENT FUND TO CABELL COUNTY

                                             GENERAL FUND – COURTHOUSE IMPROVEMENTS 

 

Robert L. Bailey, Commissioner, moved to approve the transfer of funds in the amount of $44,514.00, from Capital Improvement to the Cabell County General Fund, for the repair and renovation of the 4th Avenue side of the Courthouse and the 4th Avenue entrance.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)           

 

#094                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF NOMINATION OF STEPHANIE

                                             SMITH  AS A MEMBER OF THE CABELL/WAYNE

                                             LOCAL EMERGENCY PLANNING COMMITTEE

 

Nancy Cartmill, Commissioner, moved to approve the nomination of Stephanie Smith as a member of the Cabell/Wayne Local Emergency Planning Committee representing Emergency Management.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#095                            AFFIDAVIT - BEASLEY PROPERTY – FEMA 

 

William Watson, County Attorney, informed the Commission that when a portion of property, owned by of Judith A. Beasley, was transferred at the March 8, 2007 Commission meeting, restrictions were placed on that property that did not apply to said property. 

 

THURSDAY, APRIL 5, 2007

PAGE EIGHT

 

Mr. Watson went on to say that once the affidavit was approved and signed the matter would be corrected.

 

Nancy Cartmill, Commissioner, moved to approve the affidavit regarding the restrictions placed on the Beasley deed.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

 

#096                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ALLOCATE HOTEL OCCUPANCY TAX FUNDS

                                             TO KINDRED COMMUNICATIONS INC. FOR

                                             CABELL COUNTY’S FIREWORKS PRESENTATION

                                             ON JULY 4TH, 2007, AT PULLMAN SQUARE

 

Robert L. Bailey, Commissioner, moved to approve allocation of funds from the Hotel/Motel Occupancy Tax Funds to Kindred Communications for fireworks on July 4, 2007.  W. Scott Bias, President, seconded the motion.

 

Nancy Cartmill, Commissioner, stated she did not believe public tax money should be used for private businesses.

 

President Bias called for a question on the motion and the vote was as follows: 

 

                                                W. Scott Bias, President                                aye

                                                Robert L. Bailey, Commissioner                  aye

                                                Nancy Cartmill, Commissioner                     nay  

 

#097                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT  

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Paul Jordan to the Cabell County Community Criminal Justice Board to represent the Public Defender Corporation, for a term beginning immediately and ending June 30, 2009.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

Exhibit (I)   

 

W. Scott Bias, President, recessed the Commission meeting at 11:15 a.m.

 

W. Scott Bias, President, reconvened the Commission meeting at 11:20 a.m.

 

R. R Fredeking informed the Commission, regarding item #089, that Teresa Ellis had not been served notice of today’s meeting.

 

William Watson, County Attorney, recommended this item be continued to the May 3, 2007 meeting.  

THURSDAY, APRIL 5, 2007

PAGE NINE

 

Robert L. Bailey, Commissioner, moved to continue item #089, regarding the petition to remove the Executrix in the Estate of Mabel Kelley Mills, to the May 3, 2007 Commission meeting.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 Stephen Zoeller, County Manager, informed the Commission they would need to meet the 3rd Tuesday in April to Lay the Levy.  The Commission agreed to set a Special Meeting date for Tuesday, April 17, 2007, at 10:00 a.m.

 

W. Scott Bias, President, adjourned the Commission meeting until the Special Meeting on Tuesday, April 17, 2007, at 10:00 a.m. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                        _______________________________________

                                                                           PRESIDENT, COUNTY COMMISSION

 

 

 

 

KSC:ar