COMMISSION MEETING

THURSDAY, AUGUST 23, 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:

 

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

 

Sharon Ross, Assistant County Manager, explained that because the county was using a new account payable system, the purchase order numbers had been changed to begin with 08-100.

 

Nancy Cartmill, Commissioner, moved to approve purchase orders #08-000 C through #08-366 C and pay jackets.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve the minutes from the July 12, 2007, July 26, 2007 and the August 9, 2007 regular Commission meetings, erroneous assessments, land consolidation, split tickets and probate documentation.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Nancy Cartmill, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue shield, not to exceed $100,000.00, from the Cabell County Insurance Fund.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

CITIZENS REGISTERED TO SPEAK:

 

David Hazlett, appeared before the Commission to make the public aware of the abuse of the elderly. 

 

Mr. Hazlett stated he was dealing with the Sheriff’s Department, regarding his mother financial problems, and had been unable to get any satisfaction.  Mr. Hazlett asked the Commission for assistance.

 

William Watson, County Attorney, asked Mr. Hazlett to leave his name and address and the Commission would check into the matter.

THURSDAY, AUGUST 23, 2007

PAGE TWO

 

#243                            APPEARING:  KAREN COLE, COUNTY CLERK

 

                                    RE:  PLEDG ING OF COLLATERAL BONDS BY FIFTH

                                             THIRD BANK

 

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

 

#244                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  ESTABLISHING A BANK ACCOUNT FOR FY 2006

                                             WATERLINE EXTENSION PROJECT AT FIRST

                                              SENTRY BANK 

 

Nancy Cartmill, Commissioner, moved to approve establishing a bank account for the 2006 Waterline Extension Project at First Sentry Bank.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#245                            RESOLUTION, CABELL COUNTY COMMISSION

                       

                                    RE:  SELECTING A FINANCIAL INSTITUTION TO PROVIDE

                                             BOND FINANCING IN CONNECTION WITH THE NEW

                                             911 EMERGENCY RESPONSE CENTER AND RELATED

                                             FACILITIES 

 

 

Stephen Zoeller, County Manager, stated there was an error in the bidding and this would need to be postponed until a later date.

 

Robert L. Bailey, Commissioner, moved to postpone this matter until the next meeting.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

#246                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  RECLASSIFICATION – CCEMS 

 

Nancy Cartmill, Commissioner, moved to approve the reclassification of Danny Ray Reynolds as a full time EMT, effective August 24, 2007, with a rate of pay of $7.29 per hour.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

 

 

THURSDAY, AUGUST 23, 2007

PAGE THREE

 

#247                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  SUPPORT FOR THE CONSTRUCTION OF AN

                                             INDUSTRIAL ACCESS ROAD INTO THE MANSOUR

                                             SITE LOCATED AT FRAZIER’S LANE IN

                                             GREENBOTTOM, WV

 

W. Scott Bias, President, stated that HADCO, who owned the property, was presently showing the property to potential investors and had requested a resolution in support of an access road. 

 

Nancy Cartmill, Commissioner, moved to approve support for the construction of an industrial access road into the Mansour site located at Frazier’s Lane.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B) 

 

#248                            LETTER, RESOLUTION, VILLAGE OF BARBOURSVILLE

 

                                    RE:  ANNEXATION CERTIFICATE – LAKEVIEW TERRACE

                                             AND SURROUNDING AREAS

 

William Watson, County Attorney, stated the Village of Barboursville was requesting annexation for the Lakeview Terrace area.  Mr. Watson further stated all requirements, authorized by the state, had been met and the Village of Barboursville had provided a map of the area, therefore, he would recommend the Commission approve the annexation.

 

Nancy Cartmill, Commissioner, moved to approve the annexation of the Lakeview Terrance and surrounding areas by the Village of Barboursville.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#249                            PROCLAMATION – CABELL COUNTY COMMISSION

                                   

                                    RE:  PROCLAIMING THE 4TH MONDAY IN SEPTEMBER 

                                             AS “FAMILY DAY- A DAY TO EAT DINNER WITH

                                             YOUR CHILDREN”

 

Robert L. Bailey, Commissioner, moved to approve the proclamation proclaiming the 4th Monday in September “As Family Day-A Day to Eat Dinner with Your Children.”  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 Exhibit (D)

 

#250                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    REAPPOINTMENT - CABELL COUNTY AIRPORT

                                    AUTHORITY  

 

 

THURSDAY, AUGUST 23, 2007

PAGE FOUR

 

Nancy Cartmill, Commissioner, moved to approve the reappointment of Bob Bailey to the Cabell County Airport Authority.  W. Scott Bias, President, seconded the motion and the vote was unanimous.  Exhibit (E)

 

#251                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT – CABELL COUNTY AIRPORT

                                             AUTHORITY 

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Lynn Howell to the Cabell County Airport Authority.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#252                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  CONTRACTUAL AGREEMENT – CABELL COUNTY

                                             COMPLIANCE OFFICER - $21,530.00

 

Robert L. Bailey, Commissioner, moved to approve the contractual agreement for a Compliance Officer, with a rate of pay of $21,530.00.  W. Scott Bias, President, seconded the motion.

 

Nancy Cartmill, Commissioner, stated she would like for the county’s attorney to address some concerns she had regarding this matter.  Commissioner Cartmill further stated she was not sure this position should have an independent contractor and according to the wording of the agreement the contractor, Compliance Officer, would not be under the authority of the Commission. 

 

William Watson, County Attorney, stated the wording in the contract was just standard language for an independent contractor.  

 

Commissioner Cartmill stated she did not think this was appropriate because the Compliance Officer had to be accountable to the Commission.

 

W. Scott Bias, President, asked if would be better to make the position of Compliance Officer a salaried employee instead of an hourly employee. 

 

Mr. Watson stated that if the Commission wanted the Compliance Officer to be under the authority of the Commission, they would need to make the Compliance Officer a salaried employee.

 

Nancy Cartmill, Commissioner, moved to table this item until this matter was worked out to the satisfaction of the Commission.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

 

THURSDAY, AUGUST 23, 2007

PAGE FIVE

 

#253                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT – PEA RIDGE PSD  

 

Charles Woolcock, member of the Pea Ridge PSD, informed the Commission he had been a member of the Pea Ridge PSD for five years and had worked extremely hard to bring the PSD up to standard.  Mr. Woolcock gave the Commission a background of his financial experience and stated he believed this experience had benefited the Pea Ridge PSD and had helped the PSD to over-come the financial problems that had existed.  Mr. Woolcock went on to say the Pea Ridge PSD was in excellent shape, they had upgraded their system, they had taken over older systems in the area and combined them with Pea Ridge PSD and at the present time the Pea Ridge PSD was in good financial shape. 

 

Mr. Woolcock stated he had heard the Commission wanted to reappoint someone else in his place and he was requesting that the Commission reconsidered their intentions because he would like to continue to work with the Pea Ridge PSD. 

 

Nancy Cartmill, Commissioner, stated she was not a member of the Commission when Mr. Woolcock was appointed to the Pea Ridge PSD, however, she knew Mr. Woolcock had worked hard and because of his work, the Pea Ridge PSD was in excellent shape.

 

Nancy Cartmill, Commissioner, moved to nominate Charles Woolcock to the Pea Ridge PSD.  Motion died for lack of second.

 

Robert L. Bailey, Commissioner, moved to nominate Stephen Lovejoy to the Pea Ridge PSD.  W. Scott Bias, President, seconded the motion.

 

Michael Seaton, former member of the Pea Ridge PSD, stated he had been on the board for nine years before he was replaced and Mr. Woolcock had been on the board for five years and now he was being replaced and he did not understand why two people, who were dedicated public servants, were replaced and asked the Commission to explain.

 

W. Scott Bias, President, stated the appointments were not life time appointments and some people had requested to be placed on the board.

 

Robert L. Bailey, Commissioner called for a question on the motion to end discussion and the vote was as follows:

 

                                                            W. Scott Bias, President                                aye

                                                            Robert L. Bailey, Commissioner                  aye

                                                            Nancy Cartmill, Commissioner                     nay  

 

 

 

 

 

THURSDAY, AUGUST 23, 2007

PAGE SIX

 

W. Scott Bias, President, stated they would vote on the nomination of Stephen Lovejoy to the Pea Ridge PSD and the vote was as follows:                                                 Exhibit (G)

 

                                                            W. Scott Bias, President                                aye

                                                            Robert L. Bailey, Commissioner                  aye 

                                                            Nancy Cartmill, Commissioner                     nay 

 

#254                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADVERTISEMENT FOR BIDS – CLEANING, PAINTING

                                             ETC. EAST WALL OF PROPERTY LOCATED AT 629

                                             4TH AVENUE, HUNTINGTON  

 

Robert L. Bailey, Commissioner, moved to approve advertisement for bids to clean, paint, etc., the east wall of property, located at 629 4th Avenue.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)   

 

#255                            MEMORANDUM, CHRIS TATUM, ASSISTANT COUNTY

                                    MANAGER

 

                                    RE:  ESTABLISHING OCTOBER 30, 2007/ 6:00 P.M.-7:30 P.M.

                                             AS TRICK OR TREAT NIGHT FOR CABELL COUNTY 

 

Nancy Cartmill, Commissioner, moved to approve the date of October 30, 2007, from 6:00 p.m. to 7:30 p.m., as Trick or Treat Night for Cabell County.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#256                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  STATE BUDGET REVISION #4

 

Stephen Zoeller, County Manager, stated that since the Commission tabled item #252, the amount of the budget revision would change. 

 

The Commission decided that while they were in executive session, the budget revision could be amended for the Commission look over before they voted.

 

#257                            EXECUTIVE SESSION

 

                                    RE:  CONFIDENTIAL COURTHOUSE SECURITY PLAN

 

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

 

 

 

THURSDAY, AUGUST 23, 2007

PAGE SEVEN

 

The Commission recessed the meeting at 10:40 a.m.

 

The Commission reconvened the regular session at 11:10 a.m., with no action taken.

 

#258                            DISCUSSION/ACTION

 

                                    RE:  COURTHOUSE SECURITY

 

W. Scott Bias, President, moved to approve that the confidential security plan, that is currently in effect, be amended as discussed in executive session, and that the amended security plan remain under seal due to it being Courthouse Security and it being confidential. Robert L. Bailey, Commissioner, seconded the motion and the vote was as follows:   

 

                                                            W. Scott Bias, President                                aye

                                                            Robert L. Bailey, Commissioner                  aye

                                                            Nancy Cartmill, Commissioner                     nay 

 

#256                            STATE BUDGET REVISION #4

 

Robert L. Bailey, Commissioner, moved to approve State Budget Revision #4.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (I)

 

PLACE ON RECORD:

 

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Cabell-Huntington Convention & Visitors Bureau, July 25, 2007; Culloden PSD, Regular Session, May 16, 2007, Culloden PSD, Special Session, June 13, 2007, Culloden PSD, Regular Session, June 20, 2007, Culloden PSD, Special Session, June 25, 2007; Pea Ridge PSD, Regular Session, June 11, 2007, Pea Ridge PSD, Special Session, June 15, 2007, Pea Ridge PSD, Regular Session, July 16, 2007 and OTHER DOCUMENTATION TO BE RECORDED: Cabell County Public Library, Financial Statements, June 30, 2006; Ohio River Road VFD, Financial Statements, Year Ended June 30, 2006; BB&T, Various Accounts and The Bank of New York, Various Accounts.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

           

 

 

 

                                                            _______________________________________

                                                                PRESIDENT, COUNTY COMMISSION 

 

 

KSC:ar