COMMISSION MEETING

THURSDAY, OCTOBER 2, 2008

 

PRESENT:                ROBERT L. BAILEY, PRESIDENT

                                    NANCY CARTMILL, COMMISSIONER

                                    WILLIAM WATSON, COUNTY ATTORNEY

                                    STEPHEN ZOELLER, COUNTY MANAGER

                                    SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

 

ABSENT:                  W. SCOTT BIAS, COMMISSIONER

 

Robert L. Bailey, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVED:

 

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

 

Nancy Cartmill, Commissioner, moved to approve purchase orders #09-9368 through #09-9632 and pay jackets.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the minutes for the March 25, 2008 Special Commission Meeting, erroneous assessments, land consolidations, split tickets and probate documentation.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve handwritten checks to 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, President, seconded the motion and the vote was unanimous.

 

CITIZENS REGISTERED TO SPEAK

 

Tom McCallister, Huntington resident, stated he was concerned about Sheriff Wolfe’s misuse of county funds and requested the Commission do an investigation and an audit of the Sheriff’s Department. 

 

Stephen Zoeller, County Manager, stated the Sheriff’s Department had been audited by the State Auditor and the fund or funds, in question, had been replaced and the County Prosecutor believed there was no criminal intent.

 

 

 

 

 

 

THURSDAY, OCTOBER 2, 2008

PAGE TWO

 

#325                            APPEARING, KAREN S. COLE, CABELL COUNTY CLERK                               

                                    RE:  ADVERTISEMENT FOR FY 2007-2008 COUNTY

                                             FINANCIAL STATEMENT INFORMATION

 

Karen Cole, County Clerk, provided the Commission with the financial statement for 2007-2008 and informed them the statement would be published in the newspaper as required by law.

 

Nancy Cartmill, Commissioner, moved to accept the 2007-2008 Financial Statement.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#326                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE RELEASE OF COLLATERAL

                                            BONDS BY FIFTH THIRD BANK

 

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

 

#327                            LETTER, KAREN S. COLE, CABELL COUNTY CLERK

 

                                    RE:  EMPLOYMENT – DEPUTY CLERKS/EARLY VOTING 

 

Nancy Cartmill, Commissioner, moved to approve the employment of two Democrat Clerks, Palmaneida Diann Blevans and Tammy Sue Black and Republican Clerks, Sharon Kay Hurley and Reba Jane Morris, to serve as Deputy Clerks for Early Voting.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#328                            LETTER, KAREN S. COLE, CABELL COUNTY CLERK

 

                                    RE:  EMPLOYMENT – RECORD ROOM

 

Nancy Cartmill, Commissioner, moved to approve the employment of Marion Inez Qualls as a part time employee for the evening shift in the Record Room, with a rate of pay $7.50 per hour.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

 

 

 

 

 

 

 

THURSDAY, OCTOBER 2, 2008

PAGE THREE

 

#329                            LETTER, KAREN S. COLE, CABELL COUNTY CLERK

 

                                    RE:  CONVENE AS A BOARD OF CANVASSERS ON

                                             NOVEMBER 10, 2008, AT 11:00 A.M.

 

Nancy Cartmill, Commissioner, moved to approve for the Commission to convene as a Board of Canvassers on November 10, 2008, at 11:00 a.m.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#330                            LETTER, KAREN S. COLE, CABELL COUNTY CLERK

 

                                    RE:  TESTING OF ELECTION TABULATION EQUIPMENT

                                             ON TUESDAY, OCTOBER 28, 2008, AT 10:00 A.M., AND

                                             TUESDAY, NOVEMBER 4, 2008, AT 6:00 P.M. AND

                                             FOLLOWING COMPLETEION OF OFFICIAL

                                            TABULATION PROCESS

 

Nancy Cartmill, Commissioner, moved to approve the date of Tuesday, October 28, 2008 at 10:00 a.m. and Tuesday, November 4, 2008, at 6:00 p.m. and following the completion of the official tabulation process, to test the election tabulating equipment.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#331                            LETTER, KIM WOLFE, SHERIFF

 

                                    RE:  EMPLOYMENT – LAW ENFORCEMENT 

 

Nancy Cartmill, Commissioner, moved to approve the employment of Christopher K. Burgess as a full time Deputy Sheriff, effective October 2, 2008, with a pay rate of $2,355.06 per month.  Robert L. Bailey, President, seconded the motion and the vote was unanimous. 

 

#332                            APPEARING, ROSALEE JUBA-PLUMLEY, ESQUIRE

 

                                    RE:  PETITION TO REMOVE LISA F. SUMMERS AS

                                             ADMINISTRATOR OF THE ESTATE OF GREGORY

                                             ANDREW SUMMERS AND TO APPOINT BRIAN

                                             SUMMERS AS ADMINISTRATOR

 

Rosalee Juba-Plumley, Attorney for Brian Summers, appeared before the Commission requesting that Lisa F. Summers be removed as Administrator of the Estate of Gregory Andrew Summers and that Brian Summers be appointed as Administrator.  Ms. Juba-Plumley stated that Lisa Summers was appointed Administrator on May 31, 2006 and to this date had failed to submit an appraisal of the estate.

 

Lisa Summers stated she had filed the appraisal after receiving a letter notifying her of this hearing.  Mrs. Summers further stated she had believed she had taken care of everything.

THURSDAY, OCTOBER 2, 2008

PAGE FOUR

 

William Watson, County Attorney, state that statue favors the widow to serve as the Administrator even through she had not filed the appraisal in a timely matter.  Mr. Watson further stated he would recommend that Mrs. Summers continue as the Administrator if the two parties would agree on working together to close the estate.

 

Robert L. Bailey, President, asked both parties to step outside to discuss this matter and see if they could come to an agreement. 

 

Lisa Summers and Brian Summers informed the Commission they would work together to settle this matter and they also had agreed for Mrs. Summers to continue as the Administrator of the Estate, therefore, they agreed to have the motion withdrawn.

 

Nancy Cartmill, Commissioner, moved to approve that the petition to remove Lisa Summers as the Administrator of the Estate of Gregory Summers be withdrawn.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#333                            DISCUSSION/ACTION:

 

                                    RE;  REQUEST FOR PROPOSAL FOR INSTALLATION OF A

                                             NEW SECURITY SYSTEM AND EQUIPMENT FOR THE

                                             E-911 FACILITY

 

Nancy Cartmill, Commissioner, moved to approve the request for placing out for bid the installation of a new security system for the new E-911 Center.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#334                            MANAGEMENT LETTER, WEST VIRGINIA STATE

                                    AUDITOR’S OFFICE, CHIEF INSPECTOR DIVISION

                                    FY 06-07 AUDIT OF CABELL COUNTY’S FINANCIAL

                                    STATEMENTS 

 

Nancy Cartmill, Commissioner, moved to approve for the President to sign the management letter regarding the 2006-2007 audit of Cabell County’s Financial Statements when the audit was ready for release.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  Exhibit (B)

 

 

 

 

 

 

 

 

 

 

 

THURSDAY, OCTOBER 2, 2008

PAGE FIVE

 

#335                            LETTER, RESOLUTION AND GRANT APPLICATION

 

                                    RE:  PRE-FUNDING STATEMENT OF NEED AND

                                             APPLICATION FOR COURTHOUSE FACILITIES

                                             IMPROVEMENT FUNDS - $80,000 CABELL COUNTY

                                             COURTHOUSE 8TH STREET SIDE EXTERIOR

                                             RESTORATION

 

Connie Gray, Administrator of Grants, Planning and Permits, informed the Commission this grant would be to restore 8th Street side exterior including the mortar joints, stonework and broken ledges. 

 

Nancy Cartmill, Commissioner, moved to approve the application for the Courthouse Facilities and Improvement Grant for restoration of the 8th Street side of the Courthouse.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

Exhibit (C)

 

#336                            LETTER, RESOLUTION AND GRANT CONTRACT

           

                                    RE:  FY 2008 COMMUNITY PARTICIPATION GRANT

                                             PROGRAM SCOTTISH RITE CHILDHOOD LANGUAGE                                       COMMUNITY PROGRAM PROJECT #08LEDA0051 

                                             $3,000.00

 

Mrs. Gray informed the Commission this grant would be used for brochures, newsletters, advertising and to provide services to children with communication disorders. 

 

Nancy Cartmill, Commissioner, moved to approve the grant contract for the Scottish Rite Childhood Language Project.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  Exhibit (D)

 

#337                            DISCUSSION/ACTION:

 

                                    RE:  REPLACEMENT OF COURTHOUSE FIRE ESCAPE

 

Stephen Zoeller, County Manager, stated the Commission had advertised for bids to replace the fire escape, however, no bids were received for this project.  Mr. Zoeller further stated he had talked with several contractors and they indicated they were reluctant to do the work because of the lead base paint and the time it would take to replace the fire escape.  Mr. Zoeller went on to say he asked two contractors to give quotes to repair the fire escape and one quote was for $130,000 and the second quote was for $175,000. 

 

Mr. Zoeller stated he then requested an estimate to replace the fire escape and the quote came in around $125,000, therefore, he would recommend replacement of the fire escape instead of repairing the structure.    

 

THURSDAY, OCTOBER 2, 2008

PAGE SIX

 

Nancy Cartmill, Commissioner, moved to approve placing out for bid the replacement of the Courthouse fire escape.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

#338                            DISCUSSION/ACTION

                                   

                                    RE:  EMPLOYMENT – COURTHOUSE SECURITY GUARD

 

Nancy Cartmill, Commissioner, moved to go into Executive Session to discuss personnel.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.  

 

The Commission recessed at 10:35 a.m.

 

The Commission came back into regular session at 10:42 a.m., with no action taken.

 

#339                            DISCUSSION/ACTION:

 

                                     RE:  DIRECTOR FOR OPERATION OF 4-H CAMP 

 

Robert L. Bailey, President, stated the Commission needed to advertise for this position and he would recommend taking applications until Monday at noon and then interview qualified applicants on Wednesday, October 8, 2008, at 12:00 noon.

 

Nancy Cartmill, Commissioner, moved to approve to advertise for the position of Director of Operation 4-H Camp and to take applications until noon Monday, October 6, 2008 and to interview qualified applicants at noon Wednesday, October 8, 2008.  Robert L. Bailey, President, seconded the motion and the vote was unanimous. 

 

#340                            RESOLUTION, GENERAL FUND, STATE BUDGET

                                    REVISION #5, FY 2008-2009

 

Nancy Cartmill, Commissioner, moved to approve General Fund State Budget Revision #5.  Robert L. Bailey, President, seconded the motion and the vote was unanimous. 

Exhibit (E) 

 

William Watson, County Attorney, informed the Commission that Judge Pancake held a hearing regarding the low income housing tax credits cases with concerns on the evaluation process.  Mr. Watson stated that Judge Pancake ruled in favor of the plaintiffs stating basically, restrictive rents have to be used when doing the income approach and the Assessor’s Office had used the market rents of other compatible properties when doing the evaluation.  Mr. Watson further stated Judge Pancake said tax credits do not enhance the value of the property, therefore, the evaluation of the property would be reduced.

 

 

 

 

THURSDAY, OCTOBER 2, 2008

PAGE SEVEN

 

Robert L. Bailey, President, adjourned the Commission meeting at 11:00 a.m., until the next scheduled meeting on Thursday, October 8, 2008, at 12:00.       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            _____________________________________________

                                                                   PRESIDENT, COUNTY COMMISSION 

 

 

KSC:ar