COMMISSION MEETING

THURSDAY, SEPTEMBER 6, 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, Commissioner, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.

 

Stephen Zoeller, County Manager, informed the Commission there were two items that needed to be added to the agenda.  Mr. Zoeller stated that purchase order #603 needed to be added to the agenda and the matter of employment for the Café Down Under.

 

Robert L. Bailey, Commissioner, moved to amend the agenda to include purchase order #603 and the matter of employment for the Café Down Under.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

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

 

Nancy Cartmill, Commissioner, moved to approve purchase orders #08-367 C through #603 C and pay jackets.  Robert L. Bailey, 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 Company and Fort Dearborn Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

“OPEN BIDS” TO PROVIDE FOR THE CONSTRUCTION OF THE CABELL

                            COUNTY CONSOLIDATED EMERGENCY RESPONSE CENTER 

 

Stephen Zoeller, County Manager, informed the Commission three bids were received for the construction project.  Mr. Zoeller stated the first bid was from Maynard C. Smith Construction, Inc., Charleston, West Virginia, for $6,597,000,000, the second bid from E.P. Leach Sons, Inc., Huntington, West Virginia,  for $6,438,000,000 and C.R. Neighborgall, Huntington, West Virginia, for $6,449,000,000. 

 

Robert L. Bailey, Commissioner, moved to take the bids under advisement.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

 

THURSDAY, SEPTEMBER 6, 2007

PAGE TWO

 

#259                            APPEARING, KIM WOLFE, SHERIFF

 

                                    RE:  NONSUFFICIENT FUNDS CHECKS – DEPARTMENT OF

                                             MOTOR VEHICLES FUND

 

Stephen Zoeller, County Manager, explained that money collected from the renewal of license plate stickers were placed in an account and at times some of theses checks would come back to the Sheriff for insufficient funds.  Mr. Zoeller went on to say the Sheriff would like for the Commission to provide the funds, in the amount of $201.00, to take the outstanding checks off the books.

 

W. Scott Bias, President, moved to allow for the Commission to pay $201.00 in order for the checks to be taken off the books. 

 

The Commission discussed that this matter was not the Commission’s responsibility to provide funds for the outstanding checks and would like for the Sheriff to try other options.

 

President Bias stated his motion would die for a lack of a second. 

 

#260                            LETTER, ADELL CHANDLER, CIRCUIT CLERK

 

                                    RE:  EMPLOYMENT

 

Nancy Cartmill, Commissioner, moved to approve the employment of Jessica Leigh Hicks as a temporary part time employee in the Circuit Clerk’s Office, effective September 10, 2007.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#261                            APPEARING, SCOTT E. MCCLURE, CITY ATTORNEY

 

                                    RE:  APPLICATION OF THE CITY OF HUNTINGTON, A

                                             MUNICIPAL CORPORATION UNDER THE LAWS OF

                                             THE STATE OF WEST VIRGINIA, TO THE COUNTY

                                             COMMISSION OF CABELL COUNTY, WEST VIRGINIA,

                                             FOR APPROVAL AND IMPLEMENTATION OF

                                             ANNEXATION WITHOUT ELECTION OF CERTAIN

                                             REAL PROPERTY OWNED BY DENNY RAY AND

                                             LINDA SPENCER AND LEAMOND SCOTT AND TERRI

                                             ACKER, LOCATED IN GUYANDOTTE DISTRICT,

                                             WITHIN THE COUNTY OF CABELL, STATE OF WEST

                                             VIRGINIA, AND CONTAINING 9.96 ACRES, MORE

                                              OR LESS 

 

 

 

 

THURSDAY, SEPTEMBER 6, 2007

PAGE THREE

 

William Watson, County Attorney, explained the annexation procedure to the Commission and informed them that the paper work was in order and he would recommend they approve the annexation.  Mr. Watson stated the annexed area was located on Bonnie Boulevard and East Campbell Park Drive.

 

Robert L. Bailey, Commissioner, moved to approve the annexation by the City of Huntington for property containing approximately 9.96 acres, located on Bonnie Boulevard and East Campbell Park Drive.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#262                            APPEARING, KATHY ELLIOT, REGION II, PLANNING AND

                                    DEVELOPMENT COUNCIL

 

                                    RE:  2006 CABELL COUNTY WATERLINE EXTENSION

                                             PROJECT ENVIRONMENTAL REVIEW

                                             DOCUMENTATION

 

Kathy Elliot, Region II, Planning and Development Council gave a report to the Commission regarding this project and requested the Commission sign documentation.

 

Robert L. Bailey, Commissioner, moved to approve documentation regarding the Waterline Extension Project Environmental Review.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#263                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  SELECTING A FINANCIAL INSTITUTION TO

                                             PROVIDE BOND FINANCING IN CONNECTION

                                             WITH THE NEW E-911 EMERGENCY RESPONSE

                                             CENTER AND RELATED FACILITIES

 

Fred Williams, Attorney with Steptoe & Johnson, stated the Commission had received four responses for acquiring bonds and the financing for this project.  Mr. Williams explained the different rates and discussed with the Commission what financial institutions were offering the best proposal.  Mr. Williams gave the rates of the following banks:

 

                                    BB&T                          4.15%

                                    Chase Bank                  4.76%

                                    Huntington Banks         4.25% 

                                    (Huntington Bank only Bank to give a lock-in rate of 4.64%)

                                    United Bank                 4.73%

 

Nancy Cartmill, Commissioner, moved to accept Huntington Banks’s proposal with the lock-in rate of 4.64%.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

THURSDAY, SEPTEMBER 6, 2007

PAGE FOUR

 

#264                            DISCUSSION/ACTION:

 

                                    RE:  AWARD CABELL COUNTY EMERGENCY RESPONSE

                                            CENTER’S AUDIO/VISUAL CONTRACT

 

J.R. VanOoteghem, E-911 Analyst, explained the contract for the equipment that would be installed in the new E-911 Center.

 

William Watson, County Attorney, stated he had reviewed the contract and there were some modifications made and he believed the contract was in order, therefore, he would recommend the Commission sign the contract.

 

Robert L. Bailey, Commissioner, moved to approve the agreement with Audio Visual Innovations for Audio Visual Services for the E-911 Communications Center.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#265                            DISCUSSION/ACTION:

 

                                    RE:  UPGRADE OF CULLODEN PUBLIC SERVICE

                                             DISTRICT SEWER LINE

 

Stephen Zoeller, County Manager, stated this project for the Culloden Public Service District would increase the capacity of their existing collection system.  Mr. Zoeller further stated the total cost of the project was $115,637.50, and if the Commission approved committing the $23,126.00, the state would then fund the rest of the money for the upgrade.

 

Robert L. Bailey, Commissioner, moved to approve committing $23,126.00, from the contingency fund, to the Culloden Public Service District for the upgrade of the collection system.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#266                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPROVING THE HOME INVESTMENT PARTNERSHIP

                                             PROGRAM GRANT BUDGET REALLOCATION

 

Stephen Zoeller, County Manager, informed the Commission there was a change of scope for this matter and it would need to be reviewed before the Commission could vote on this matter.

 

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

 

 

 

 

THURSDAY, SEPTEMBER 6, 2007

PAGE FIVE

 

#267                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT – CCEMS 

 

Nancy Cartmill, Commissioner, moved to approve the employment of Darrell Gene Ennis as a full time Paramedic with CCEMS, effective September 7, 2007, with a rate of pay of $9.60 per hour.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#268                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  CONTRACTUAL AGREEMENT - CABELL COUNTY

                                             COMPLIANCE OFFICER - $21,530.00

 

Stephen Zoeller, County Manager, informed the Commission that the language of the previous contract was changed in order to have the Compliance Officer under the direction of the Commission.

 

After a brief discussion regarding the use of an independent contractor for this job, Robert L. Bailey, Commissioner, moved to approve Nick Ciccarello as Compliance Officer, effective September 15, 2007, with a rate of pay of $21,530.00.  W. Scott Bias, President, seconded the motion and the vote was as follows:                                                  Exhibit (D)

 

                                                            W. Scott Bias, President                    aye

                                                            Robert L. Bailey, Commissioner      aye

                                                            Nancy Cartmill, Commissioner         nay

 

#269                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ADOPTION OF A

                                             RESOLUTION AUTHORIZING THE ACCEPTANCE OF

                                             A FY 2007 EDWARD BYRNE MEMORIAL JUSTICE

                                             ASSISTANCE GRANT (JAG) PROGRAM AWARD IN

                                             THE AMOUNT OF $67,893.00, FOR CABELL COUNTY

 

Connie Gray, Administrator of Grants, Planning and Permits, explained this grant would be split between the City of Huntington and the Cabell County Sheriff’s Department for the purchase of equipment.

 

Nancy Cartmill, Commissioner, moved to approve the adoption of a resolution accepting the Edward Byrne Memorial Justice Assistance Grant, in the amount of $67, 863.00.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Exhibit (E) 

 

 

 

THURSDAY, SEPTEMBER 6, 2007

PAGE SIX

 

#270                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF AMENDING THE FLOODPLAIN

                                            ORDINANCE FOR RURAL CABELL COUNTY

 

Stephen Zoeller, County Manager, stated the Planning Commission had submitted amendments to the county’s Floodplain Ordinance for the Commission to consider.  Mr. Zoeller went on to say some minor changes, by the staff, were made after the document was submitted by the Planning Commission.

 

After a lengthy discussion by the Commission, Robert L. Bailey, Commissioner, moved to approve the amendments to the Floodplain Ordinance as written.  W. Scott Bias, President, seconded the motion and the vote was as follows:                                                                   Exhibit (F)

 

                                                            W. Scott Bias, President                    aye

                                                            Robert L. Bailey, Commissioner      aye

                                                            Nancy Cartmill, Commissioner         nay  

 

#271                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE NOMINATION OF

                                             BARBARA NEAL AS A MEMBER OF THE CABELL

                                             WAYNE LOCAL EMERGENCY PLANNING

                                             COMMITTEE  

 

Nancy Cartmill, Commissioner, moved to approve the nomination of Barbara Neal as a Member of the Cabell/Wayne Local Emergency Planning Committee.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)  

 

#272                            RESOLUTION, CABELL COUNY COMMISSION

 

                                    RE:  IN THE MATTER OF THE PUBLICATION OF A

                                             PUBLIC HEARING PERTAINING TO “SARA TITLE III

                                             COMMUNITY RIGHT-TO-KNOW ACT OF 1986”

 

Nancy Cartmill, Commissioner, moved to approve the publication for a public hearing pertaining to “Sara Title III Community Right-to-Know Act of 1986.”  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H))  

 

#273                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ALLOCATE HOTEL OCCUPANCY TAX FUNDS TO

                                             WV SPIKEFEST VOLLLEYBALL TOURNAMENT

 

 

THURSDAY, SEPTEMBER 6, 2007

PAGE SEVEN

 

Nancy Cartmill, Commissioner, moved to approve the allocation of $5,000.00, from the Hotel Occupancy Tax Funds, for the West Virginia Spikefest Volleyball Tournament.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Exhibit (I)

 

#274                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ALLOCATE SENIOR CITIZEN PROJECTS AND

                                             PROGRAM EXCESS LEVY TAX FUNDS TO

                                             JEFFREY GEORGE HOUSE

 

Robert L. Bailey, Commissioner, moved to approve the allocation of funds, in the amount of $15,000.00, from the Senior Citizen Projects and Programs Excess Levy Funds to the Jeffrey George House.  W. Scott Bias, President, seconded the motion.

 

Nancy Cartmill, Commissioner, stated she did not believe the Jeffrey George House met the criteria to receive funds from the Senior Citizen Tax Fund. 

 

W. Scott Bias, Commissioner, stated that 65% of the people who use the Jeffrey George House were senior citizens, according to information he had received, and President Bias further stated that the doctors who come into town to operate on patients were also seniors.

 

The vote was as follows:

 

                                                            W. Scott Bias, President                    aye

                                                            Robert L. Bailey, Commissioner      aye

                                                            Nancy Cartmill, Commissioner         nay

 

#275                            DISCUSSION/ACTION

 

                                    RE:  ALLOCATE ECONOMIC DEVELOPMENT FUNDS

                                             FOR FIRE HYDRANT FOR ROUTE #3, MILTON

 

Robert L. Bailey, Commissioner, moved to approve the allocation of Economic Development Funds for a fire hydrant for Route #3, Milton. 

 

Nancy Cartmill, Commissioner, asked how many people would be served by the installation of a fire hydrant and Commissioner Cartmill also asked if any of the residents would be contributing funds into this project. 

 

Chris Tatum, Assistant County Manager, stated there were eleven pieces of property that would be served.  Mr. Tatum further stated that the residents were not asked to contribute to the project because the funds were coming out of Economic Development. 

 

Nancy Cartmill, Commissioner, seconded Commissioner Bailey’s motion and the vote was unanimous. 

THURSDAY, SEPTEMBER 6, 2007

PAGE EIGHT

 

#276                            EMPLOYMENT – CAFÉ DOWN UNDER

 

Robert L. Bailey, Commissioner, moved to approve the employment of Sandra Buskirk as a part time employee, effective September 15, 2007, with a rate of pay of $8.00 per hour.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, thanked County Attorney, William Watson, for his letter to the Kanawha County E-911 Board regarding Cabell County charging administration fees.

 

Commissioner Bailey stated he had received a letter from Comcast Cable Company informing him of their intent to raise the cable fees in the next year.  Commissioner Bailey further stated he was very upset with the cable company and hoped the Commission could do something about the fees.

 

William Watson, County Attorney, informed the Commission that Judge Cummings had ruled in favor of the Commission regarding the Woodland’s suit. 

 

W. Scott Bias, President, adjourned the meeting of the Commission at 12:40 p.m., until the next regular scheduled meeting on Thursday, September 20, 2007, at 10:00 a.m. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            _________________________________________

                                                                  PRESIDENT, COUNTY COMMISSION 

 

 

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