COMMISSION MEETING

TUESDAY, DECEMBER 23, 2008

 

PRESENT:                ROBERT L. BAILEY, PRESIDENT

                                    NANCY CARTMILL, COMMISSIONER

                                    W. SCOTT BIAS, COMMISSIONER

                                    WILLIAM 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 

 

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

 

APPROVE:

 

Stephen Zoeller, County Manager, stated an item needed to be added to the agenda concerning a bond for the Ona Volunteer Fire Department.

 

W. Scott Bias, Commissioner, moved to place on the agenda an item regarding a bond for the Ona Volunteer Fire Department.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the agenda as amended.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to approve purchase orders #09-11193 through #09-11502 and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Nancy Cartmill, Commissioner, moved to approve the minutes from the regular Commission meetings of November 13, 2008, November 25, 2008, December 11, 2008 and probate documentation, erroneous assessments, land consolidations and split tickets.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

W. Scott Bias, 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.

 

“PUBLIC HEARING”        RE:  ABANDONMENT OF UNUSED PART OF

                                                         ROADWAY ENTITLED “ELEVENTH STREET”,

                                                         ALTIZER PLACE, CABELL COUNTY

 

Harrison White, Attorney for Ennis and Phyllis Flowers, appeared before the Commission requesting the abandonment of an unused part of roadway called Eleventh Street, Altizer.

 

TUESDAY, DECEMBER 23, 2008

PAGE TWO

 

 Mr. White stated the roadway had never been used, was not paved and there was no traffic on the roadway.  Mr. White went on to say he had placed a legal advertisement in the paper regarding the public hearing. 

 

William Watson, County Attorney, stated that if the roadway was closed, by law, half of the roadway would go to the Flowers and the other half would go to the Bolens. 

 

James Bolen, county resident, stated that his deed did not show a roadway and he believed that the roadway was part of the Bolen property.  Mr. Bolen objected to the abandonment. 

 

As there was an objection to the abandonment, the Commission took no action on the request for abandonment of the unused roadway.

 

CITIZENS TO SPEAK

 

Tom McComas, Sheriff-Elect, stated he would like for Tom Bell, Chief Tax Deputy, to stay on in the Tax Department until January 31, 2009 to oversee the Sheriff’s Settlement.  Mr. McComas further stated that Mr. Bell was willing to stay and would like his insurance to continue for that period of time. 

 

Nancy Cartmill, Commissioner, asked how many hours and how much money would the county be paying Mr. Bell.  Mr. McComas told Commissioner Cartmill he was not sure how long Mr. Bell would be needed nor how many hours he would be working at this time.

 

W. Scott Bias, Commissioner, asked this be placed on the next agenda with how many hours Mr. Bell would be working and what compensation would be paid to Mr. Bell.

 

#420                            LETTER, CHRISTOPHER D. CHILES,

                                    PROSECUTING ATTORNEY

                       

                                    RE:  EMPLOYMENT

 

W. Scott Bias, Commissioner, moved to approve the employment of Wesley White as an Assistant Prosecuting Attorney, effective January 1, 2009, with a rate of pay of $25,000.00 per year, and Kimberly Hoopper, effective January 1, 2009, with a rate of pay of $26,000.00 per year.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

 

 

 

 

 

 

 

 

TUESDAY, DECEMBER 23, 2008

PAGE THREE

 

#421                            APPEARING, AUDY M. PERRY, ESQUIRE

 

                                    RE:  EXECUTION OF REPLACEMENT BONDS FOR

                                             ASSIGNEE OF ORIGINAL SERIES 2007C UNIVERSITY                                         FACILITIES REVENUE BOND NUMBER R-1 

 

Audy Perry, Attorney, explained that these were replacement bonds for the Marshall University Wellness Center and dorms.  Mr. Perry stated the President of the Commission and the County Clerk needed to sign the documents.

 

Nancy Cartmill, Commissioner, moved to approve for the President of the Commission to sign replacement bonds regarding Marshall University Wellness Center and dorms project.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

#422                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT  

 

W. Scott Bias, Commissioner, moved to approve the appointment of Greg Howard to the Cabell-Huntington Board of Health for a term beginning January 1, 2009 and ending December 31, 2013.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#423                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENTS     

 

Nancy Cartmill, Commissioner, moved to approve the appointment of Tim Kinsey to the Cabell-Huntington Hospital Board of Directors for a term beginning immediately and ending September 30, 20011 and the appointment of Marion Cox to the Cabell-Huntington Hospital Board of Directors for a term beginning immediately and ending September 30, 2010.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#424                            LETTER, RESOLUTION, AND GRANT APPLICATION

 

                                    RE:  FY 2008 COMMUNITY PARTICIPATION GRANT

                                             PROGRAM HUNTINGTON/ MUSEUM OF ART

                                             PROJECT #08LEDA0040-$20,000.00

 

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $20,000.00, for the Huntington Museum of Art.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

 

 

TUESDAY, DECEMBER 23, 2008

PAGE FOUR

 

#425                            LETTER, RESOLUTION AND GRANT APPLICATION

 

                                    RE:  FY 2008 COMMUNITY PARTICIPATION GRANT

                                             PROGRAM MOUNTAIN STATE CENTERS FOR

                                             INDEPENDENT LIVING PROJECT # 08LEDA0076

                                             $3,000.00 

 

Nancy Cartmill, Commissioner, moved to approve the grant application, in the amount of $3,000.00, for the State Centers for Independent Living.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D)

 

#426                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADVERTISEMENT FOR BIDS FOR THE RADIO

                                             CONSOLES AND ASSOCIATED RF SUBSYSTEM FOR

                                             E-911 COMMUNICATIONS CENTER

 

W. Scott Bias, Commissioner, moved to approve the advertisement for bids for radio consoles and RF systems for the new E-911 Center.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E) 

 

#427                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE BOARD OF EQUALIZATION

                                            AND REVIEW CABELL COUNTY PROPERTY TAX

                                            ASSESSMENTS FOR TAX YEAR 2009

 

Nancy Cartmill, Commissioner, moved to approve the hearing dates for the Board of Equalization and Review for tax year 2009.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#428                            DISCUSSION/ACTION

 

                                    RE:  FUTURE USE/DISPOSITION OF COUNTY JAIL

                                             BUILDING AND FARM STRUCTURE LOCATED

                                             IN ONA, WEST VIRGINIA 

 

W. Scott Bias, Commissioner, stated the estimate that was submitted by a contractor was very vague and was not itemized.

 

Nancy Cartmill, Commissioner, asked Stephen Zoeller, County Manager, if there was more then one estimate and Mr. Zoeller replied no there was only one estimate for the structure at the farm.

 

Robert L. Bailey, President, stated he was concerned about any remodeling on the buildings because of the situation with the economy.

THURSDAY, DECEMBER 23, 2008

PAGE FIVE

 

Commissioner Cartmill stated tax revenues could be down for the next fiscal year.

 

The Commission asked Tom McComas, Sheriff-Elect, what he thought about the building at the farm.  Sheriff-Elect, Tom McComas, stated he believed the building to be structurally sound and the first floor had new windows.  Mr. McComas went on to say one corner of the basement leaked, the outside needed work and the second floor needed windows. 

 

Doug Ferguson, Deputy, stated he believed the heating and cooling system plus the windows on the first floor were in good shape.  Deputy Ferguson further stated he believed there might be problems with the gutters and the wooden porch.

 

The Commission directed Stephen Zoeller, County Manager, to get a better detailed estimate from the contractor regarding the farm structure in Ona and to check with the Historical Society about any action the Commission could take on the old jail building and also to check into any grants that might be available for these projects.

 

#429                            RESOLUTION, GENERAL FUND, COUNTY BUDGET

                                    REVISION #7 

 

Nancy Cartmill, Commissioner, moved to approve General Fund County Budget Revision #7.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)

 

#430                            RESOLUTION, GENERAL FUND, STATE BUDGET

                                    REVISION #9

 

Nancy Cartmill, Commissioner, moved to approve General Fund State Budget Revision #9.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)

 

#432                            APPROVAL OF A BOND FOR THE ONA VOLUNTEER

                                    FIRE DEPARTMENT FOR THE PURCHASE OF A TRUCK

 

W. Scott Bias, Commissioner, moved to approve the certificate of approval for a bond for the Ona Volunteer Fire Department for the purchase of a pumper truck.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Chris Tatum, Assistant County Manager, informed the Commission the county would not be liable nor would the county be responsible for payment of any bonds. 

 

#431                            EXECUTIVE SESSION

 

                                    RE:  ADKINS, et al v. KIM WOLFE, SHERIFF, et al

 

W. Scott Bias, Commissioner, moved to go into Executive Session to discuss a law suit.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

TUESDAY, DECEMBER 23, 2008

PAGE SIX

 

The Commission recessed the meeting at 10:55 a.m.

 

The Commission reconvened the regular meeting at 11:43 a.m., with no action taken.

 

PLACE ON RECORD

 

W. Scott Bias, Commissioner, moved to place on record the minutes from the Cabell-Huntington Convention & Visitors Bureau, Regular Meeting, November 18, 2008; Pea Ridge Public Service District, Regular Meeting, November 10, 2008; Salt Rock Water Public Service District, Regular Meeting, November 10, 2008 and OTHER DOCUMENTATION TO BE RECORDED:  Letter, Maynard, Kent and Lewis, CPA’s Verifying Disbursement of Excess Levy Funds of Barboursville Fire Department and the Bank of New York, Various Trust Accounts, November 30, 2008.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, President, adjourned the meeting at 11:56 a.m., until the next regular scheduled Commission meeting on Thursday, January 8, 2009, at 10:00 a.m.

 

 

 

                       

 

                                                       

 

 

 

 

 

 

 

 

 

 

 

 

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