COMMISSION MEETING
THURSDAY, MARCH 20, 2008
PRESENT: ROBERT L.
BAILEY, PRESIDENT
NANCY
CARTMILL, COMMISSIONER
W.
SCOTT BIAS, COMMISSIONER
WILLIAM
T. WATSON,
STEPHEN
ZOELLER,
SHARON
ROSS, ASSISTANT
FOR
BILLABLES AND PAYABLES
CHRIS
TATUM, ASSISTANT
FOR
PERSONNEL AND PURCHASING
Robert L. Bailey, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
W. Scott Bias, Commissioner, moved to approve the agenda as presented. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve purchase orders #08-4497 through #08-4865 and pay jackets. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
W. Scott Bias, Commissioner, moved to approve the minutes from the March 6, 2008 Commission meeting, erroneous assessments, land consolidations, 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
CITIZENS REGISTERED TO SPEAK
Ruth Adkins,
William Watson,
THURSDAY, MARCH 20, 2008
PAGE TWO
#056 RESOLUTION, CABELL
RE:
IN THE MATTER OF THE RENEWAL OF A LETTER OF
CREDIT BY GUARANTY BANK & TRUST
COMPANY
W. Scott Bias, Commissioner, moved to approve the renewal of a Letter of
Credit by Guaranty Bank & Trust. Nancy
Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit
(A)
#57 LETTERS,
KIM WOLFE, SHERIF
RE: EMPLOYMENT – ALTERNATIVE SENTENCING
W. Scott Bias, Commissioner, moved to approve the employment of Jennifer Lynn Turner and Joseph C. Ciccarelli as part time Alternative Sentencing Officers, effective April 1, 2008, with a rate of pay of $12.21 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#058 APPEARING,
FRED WILLIAMS, ESQUIRE
RE: CONSIDERATION FOR ADOPTION OF A RESOLUTION
REGARDING THE CREATION OF A TAX
INCREMENT
FINANCING DISTRICT, APPRROVAL OF A
TAX
INCREMENT FINANCING DISTRICT PROJECT PLAN
AND SETTING A DATE FOR THE HOLDING OF
A
PUBLIC HEARING WITH RESPECT TO THE
CREATION OF SUCH DISTRICT
AND THE APPROVAL OF THE PROJECT PLAN
Fred Williams, Attorney, informed the Commission this project would be to develop infrastructure such as public roads, water lines, a sanitary sewer plant, sewer lines and the extension of a main gas line, an electric transmission line and telecommunications infrastructure. Mr. Williams stated the project was in the industrial park, located on state Route 2. Mr. Williams went on to say a public hearing would be held on April 17, 2008, at 10:00 a.m., in the Commission Chambers.
W. Scott Bias, Commissioner, moved to approve the adoption of a
resolution for a public hearing regarding the creation of a tax increment
financing district project plan. Nancy
Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit
(B)
THURSDAY, MARCH 20, 2008
PAGE THREE
#059 APPEARING,
PAUL RYKER, ESQUIRE
RE: PETITIONER SEEKING TO APPEAL FIDUCIARY
COMMISSIONER’S REPORT IN THE ESTATE OF
JOHN CLEDITH BECKLEHEIMER
Paul Ryker, Attorney representing Jonathan Sexton, appeared before the Commission with a petition seeking to set aside an order of February 7, 2008, regarding the Fiduciary Commissioner’s decision of January 29, 2008, in which Mr. Ryker stated he believed a technical error was made.
Mr. Ryker stated that after the estate was closed and the fees were paid, a claim by Charles Beckelheimer was referred to a Fiduciary Commissioner. Mr. Ryker further stated that Mr. Sexton was then notified a hearing would take place and Mr. Sexton was told he would not need an attorney at the hearing, however, Mr. Beckelheimer did appear at the hearing with his attorney. Mr. Ryker went on to say Mr. Sexton was not fully aware of the consequences of agreeing to go forward with the hearing without an attorney to represent him.
Bernard Nibert, Attorney representing Charles Beckelheimer, stated the claim was filed in a timely fashion and Mr. Sexton was notified of the hearing and was given the opportunity to go forward with the hearing or to obtain an attorney.
After a lengthy discussion, Nancy Cartmill, Commissioner, moved to grant the petition and to remand this matter back to the Fiduciary Commissioner. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#060 ESTATE
OF
RE: CONTINUATION FROM MARCH 6, 2008, COMMISSION
MEETING OF SUBSTITUTE APPOINTMENT OF
ADMINISTRATOR
Linda Kay Wichman, Attorney, informed the Commission an agreement had not been reached between the petitioners, regarding the Estate of Winston K. Harbour.
William Watson,
Nancy Cartmill,
Commissioner, moved to approve that Sheriff
Kim Wolfe be appointed as the Administrator of the Estate of
THURSDAY, MARCH 20, 2008
PAGE FOUR
#061 RESOLUTION,
CABELL
RE: EMPLOYMENT – CCEMS
Nancy Cartmill, Commissioner, moved to approve the employment of Tracey S. McComas as a full time secretary for CCEMS, effective March 21, 2008, with a rate of pay of $13.15 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#062 RESOLUTIONS,
CABELL
RE: RECLASSIFICATION – CCEMS
W. Scott Bias, Commissioner, moved to approve the reclassifications of Cheree E. Sevy and Ashley M. Davis as full time EMTs, effective March 21, 2008, with a rate of pay of $7.29 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#063 NOTICE
OF AWARD AND AGREEMENT
RE: STONE AND MORTAR REPAIR,
EXTERIOR SIDE CABELL
Connie Gray, Administrator of Grants, Planning and Permits, stated that General Restoration was the low bidder with a bid of $164,730.00 and an alternate bid of $11,610.00, for the steps. Mrs. Gray further stated a grant had been received, in the amount of $80,000.00, for the restoration and the county would contribute $96,640.00 towards the project.
Nancy Cartmill, Commissioner, moved to approve the notice of award and
agreement with General Restoration for the restoration of the stone and mortar
repair for the
#064 LETTER,
RESOLUTION AND GRANT CONTRACT, CABELL
RE: FY 2007 COMMUNITY PARTICIPATION GRANT
PROGRAM
MADIE CARROLL HOUSE PRESERVATION
SOCIETY
- $1,000.00 PROJECT #07LEDA0038
Mrs. Gray informed the Commission the funds from this grant would be used for the replacement of a heat pump and furnace on the first floor and to repair the second floor heat pump.
THURSDAY, MARCH 20, 2008
PAGE FIVE
W. Scott Bias, Commissioner, moved to approve the grant contract, in the
amount of $1,000.00, for the Madie Carroll House Preservation Society. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit (C)
#065 LETTER,
RESOLUTION AND GRANT CONTRACT, CABELL
RE: FY 2007 COMMUNITY PARTICIPATING GRANT
INDEPENDENT LIVING - $4,500.00
PROJECT #07LEDA0039
Mrs. Gray stated the funds from this grant would be used to make repairs to the elevator and for renovations to the facility for a VOIP phone system.
W. Scott Bias, Commissioner, moved to approve the grant contract, in the
amount of $4,500.00, for the
#066 LETTER,
RESOLUTION AND GRANT CONTRACT, CABELL
RE: FY 2007 COMMUNITY PARTICIPATION GRANT
PROGRAM THANKS, PLAIN AND SIMPLE -
$4,500.00
PROJECT #07LEDA0042
Mrs. Gray stated the funds from this grant would be used to upgrade the existing computer system, website improvements and maintenance, and equipment and software upgrades.
W. Scott Bias, Commissioner, moved to approve the grant contract, in the
amount of $4,500.00, for Thanks, Plain and Simple. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit (E)
#067 LETTER,
RESOLUTION, AND GRANT CONTRACT, CABELL
RE: FY 2007 COMMUNITY PARTICIPATION GRANT
PROGRAM CABELL-HUNTINGTON CONVENTION
&
VISITORS BUREAU - $2,000.00 PROJECT
#07LEDA0045
Mrs. Gray informed the Commission
the funds from this grant would be used for equipment rental associated with
Ribfest at
W. Scott Bias, Commissioner, moved to approve the grant contract, in the
amount of $2,000.00, for the Cabell-Huntington Convention and Visitors
Bureau. Nancy Cartmill,
Commissioner, seconded the motion and the vote was unanimous. Exhibit
(F)
THURSDAY, MARCH 20, 2008
PAGE SIX
#068 LETTER,
RESOLUTION, AND GRANT CONTRACT, CABELL
RE: FY 52007 COMMUNITY PARTICIPATION GRANT
$20,000.00 PROJECT #07CGP008
Mrs. Gray stated the funds from this grant would be used for the construction of baseball, softball and soccer fields, and for fencing, dugouts, site development, and to assist in the development of a road and a parking lot.
W. Scott Bias, Commissioner, moved to approve the grant contract, in the
amount of $20,000.00, for the
#069 RESOLUTION,
CABELL
RE: IN THE MATTER OF AUTHORIZING THE PRESIDENT
OF THE CABELL
POWER OF ATTORNEY ALLOWING
INDEMNITY COMPANY TO DISPOSE OF A
DAMAGED
2003 FORD CVP OWNED BY THE
COMMISSION
W. Scott Bias, Commissioner, moved to approve the matter of authorizing
the President of the
#070 AGREEMENT,
CABELL
RE: USE OF COURTHOUSE GROUNDS PERMIT
NATIONAL DAY OF PRAYER MAY 1, 2008
11:00 A.M. -1:30 P.M.
Nancy Cartmill, Commissioner, moved to allow the use of Courthouse grounds for National Day of Prayer, May 1, 2008. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, MARCH 20, 2008
PAGE SEVEN
#071 DISCUSSION/ACTION:
RE: REQUEST GOVERNOR JOE MANCHIN TO VETO
SENATE BILL 696 DEALING WITH PROPERTY
TAX
W. Scott Bias, Commissioner, moved to allow Stephen Zoeller,
#072 DISCUSSION/ACTION:
RE: EMPLOYEE BENEFITS SUMMARY
Chris Tatum, Assistant County Manager, informed the Commission that due to some changes made in the benefit package for county employees, a letter will be placed with each employee’s paycheck explaining the investment the county was putting forth for each employee.
W. Scott Bias, Commissioner, stated he believed that social security, medicare and worker’s compensation should be taken out of the letter, as this was required by law and wherever a person worked it would be taken out of their paycheck.
Commissioner Bias asked Mr. Tatum if a letter had been sent to each employee about ordering prescriptions by mail and Commissioner Bias was told no that had not been done. Commissioner Bias went on to say this would be a cost saving to the employees and he wanted the employees to be notified of this option and he wanted this in a separate letter.
W. Scott Bias, Commissioner, moved to approve sending a letter to employees regarding the compensation provided by the Commission and to leave out the social security, medicare and worker’s compensation. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#073 DISCUSSION/ACTION:
RE: IMPROPER EXPENDITURE OF PUBLIC FUNDS IN
SHERIFF’S TAX DEPARTMENT SALARY LINE
ITEM
W. Scott Bias, Commissioner, stated that when the Commission had budget meetings and they would ask for the elected official’s employee’s salaries, he believed the Commission was not getting the accurate amount. Commissioner Bias further stated he did not have a problem with what the elected officials paid their employees nor was he not trying to tell the officials what to pay their employees, however, he had a problem with what they tell the Commission when requesting pay raises.
THURSDAY, MARCH 20, 2008
PAGE EIGHT
Kim Wolfe, Sheriff, stated what he did, by giving money for extra duties in the Tax Department, was encouraged by the Commission and the Commission had done the very same thing.
Robert L. Bailey, President, stated he had always told the officials that if they had a vacancy in their department and they did not want to fill that vacancy they could take the money and give raises to the employees, however, you could not, by state Law, give bonuses.
Nancy Cartmill, Commissioner, stated that once you take that money and give it away, that position should be eliminated, however, this position has come back year after year. Commissioner Cartmill further stated that other elected officials have eliminated the position when they gave their employees raises. Commissioner Cartmill went on to say if an employee was taking on more work, they should be paid overtime or be given a salary increase.
W. Scott Bias, Commissioner, stated the Commission had requested letters from the elected officials, regarding pay, from January 1, 2008 until present, from the payroll office and were refused.
Adell Chandler, Circuit Clerk, stated that she did not believe the payroll department had refused to submit the letters, as they were working on getting the letters to the Commission at present.
Tom Bell, Chief Tax Deputy, stated that the Tax Department had, at this time, a stable department and because of that the employees had been able to take on extra duties. Mr. Bell further stated that by giving the employees a bonus they saved the taxpayers a considerable amount of money by not paying fringe benefits. Mr. Bell stated the Commission had paid extra money to their employees at one time.
Robert L. Bailey, President,
stated the extra money that was given to the Commission employees was after Mr.
White had left and that was to compensate them for the extra duties that were
added on until a new
President Bailey informed Mr. Bell the Tax Department should take the salary from the vacant position and give the employees a raise.
#074 RESOLUTION,
GENERAL FUND, COUNTY BUDGET REVISION #10, FY 2007-2008
W. Scott Bias, Commissioner, moved to approve General Fund,
THURSDAY, MARCH 20, 2008
PAGE NINE
#075 RESOLUTION,
GENERAL FUND, STATE BUDGET
REVISION
#12, FY 2007-2008
W. Scott Bias, Commissioner, moved to approve General fund, state Budget
Revision #12. Nancy Cartmill,
Commissioner, seconded the motion and the vote was unanimous. Exhibit
(J)
PLACE ON RECORD
W. Scott Bias, Commissioner, moved to place on record the minutes from
the Cabell County Regional Plant Operating Committee, Inc., Regular Meetings,
October 18, 2007, November 15, 2007 and December 20, 2007; Culloden Public
Service District, Regular Meeting, January 16, 2008, Culloden Public Service
District, Special Meeting, January 8, 2008; Greater Kanawha RC&D Council,
Regular Meeting, February 20, 2008; Pea Ridge Public Service District, Regular
Meetings, January 14, 2008 and February 11, 2008; Salt Rock Sewer Public
Service District, Regular Monthly Meetings, June 12, 2007 through and including
December 11, 2007 and Salt Rock Water Public Service District, Regular Meeting,
February 12, 2008 OTHER DOCUMENTS TO BE RECORDED; Cabell Huntington Convention
and Visitors Bureau, Inc., Statement of Revenue & Expenses, January 31,
2008 and February 29, 2008; Cabell-Huntington Health Department, Environmental
Health, Combined Narrative, November, 2007 December, 2007 and January, 2008;
Cabell-Health Department Clinic, Monthly Reports for 2007 and The Bank of New
York, Various Trust Accounts, February 29, 2008. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous.
Stephen Zoeller,
W. Scott Bias, Commissioner, moved to have the special meeting on
Tuesday, March 25, 2008, at 10:00 a.m. Nancy
Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President, adjourned the Commission meeting at 11:25 a.m., until the next regular scheduled meeting on Thursday, April 3, 2008, at 10:00 a.m.
_____________________________________________
PRESIDENT,
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