COMMISSION MEETING

THURSDAY, APRIL 17, 2008

 

 

PRESENT:                ROBERT L. BAILEY, PRESIDENT

                                    NANCY CARTMILL, COMMISSIONER

                                    W. SCOTT BIAS, 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

 

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

 

APPROVE:

 

Stephen Zoeller, County Manager, informed the Commission an emergency item needed to be added to the agenda regarding a poll worker.  Mr. Zoeller went on to say that #99 needed to be place at the front of the agenda and #97 needed to be moved to the end of the agenda.

 

W. Scott Bias, Commissioner, moved to approve adding an item to the agenda regarding a poll worker.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

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

 

W. Scott Bias, Commissioner, moved to approve purchase orders #08-5187 through #08-5552 and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  

 

Nancy Cartmill, Commissioner, moved to approve the minutes from the March 17, 2008, regular Commission Meeting, the minutes from the March 20, 2008, Special Commission Meeting and the minutes from the April 3, 2008, regular Commission Meeting, erroneous assessments, land consolidations, split tickets and probate documentation.  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, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

 

 

 

THURSDAY, APRIL 17, 2008

PAGE TWO

 

#092                            LETTERS, KAREN S. COLE, COUNTY CLERK

 

                                    RE:  PUBLIC TEST OF ELECTION TABULATION

                                           SYSTEM BEFORE AND AFTER THE 2008 PRIMARY

                                           ELECTION ON MAY 13, 2008 

 

W. Scott Bias, Commissioner, moved to approve the public test of the election tabulation system on Tuesday, May 6, 2008 at 10:00 a.m., Tuesday, May 13, 2008, at 6:00 p.m. and again immediately following the completion of the official tabulation process on election night.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

#093                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF EXTENDED BUSINESS HOURS

                                             FOR THE CABELL COUNTY CLERK’S OFFICE

 

Mary Miller, Voter Registration Supervisor, stated that by extending the business hours of the County Clerk’s Office from 4:30 p.m. to 6:30 p.m. May 5, 2008 through May 9, 2008, it would give county residents more time to vote.

 

Nancy Cartmill, Commissioner, moved to extend the County Clerk’s business hours during the week of May 5, 2008 through May 9, 2008 from 4:30 p.m. to 6:30 p.m. for Early Voting.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#094                            PROCLAMATION, CABELL COUNTY COMMISSION

 

                                    RE:  DECLARE APRIL 25, 2008, AS CHILDREN’S

                                             MEMORIAL FLAG DAY

 

W. Scott Bias, Commissioner, moved to adopt the resolution declaring April 25, 2008, as “Children’s Memorial Flag Day.”  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#095                            APPEARING, FRED WILLIAMS, ESQUIRE

 

                                    RE:  PUBLIC HEARING REGARDING THE PROPOSED

                                             CREATION OF A NEW TAX INCREMENT

                                             DEVELOPMENT DISTRICT DESIGNATED THE

                                             COUNTY COMMISSION OF CABELL COUNTY

                                             DEVELOPMENT DISTRICT #1-HIC-HADCO PARK

                                             AND A PROJECT PLAN REGARDING A PROJECT

                                             DESIGNATED AS THE HIC-HADCO PARK PROJECT #1

 

 

 

THURSDAY, APRIL 17, 2008

PAGE THREE

 

Fred Williams, Attorney, appeared before the Commission to explain the process for the proposed creation of a TIFF District to be located on State Route 2.  Mr. Williams went on to say the hearing today would be to hear comments for and against the project and the date of the hearing had been published as required by law. 

 

Linda Hardwick, 8128 Helen Street, stated she had heard a road would be built across the railroad tracks for this project and asked for a time table on the construction.  Ms. Hardwick also stated she was concerned the residents would have trouble with the access to their road.  Ms. Hardwick stated that currently a building was being constructed on the property and she was concerned about the heavy equipment causing damage to their road and the danger to the children in the area with the construction.

 

Jerry McDonald, HADCO, informed the Commission that the Department of Highways was in charge of building the access road and once that road was built, it would take all the construction equipment off Fraziers Lane. 

 

Ray Pelfrey, 8110 Garnet Street, stated he was also concerned about the children walking to the bus stop with the trucks going in and out around the site.  Mr. Pelfrey further stated he was concerned about property taxes being raised for this project. 

 

Robert L. Bailey, President, informed Mr. Pelfrey the project would not raise property taxes, only the Assessor could raise the taxes.

 

Judy Rule, Director of the Cabell County Public Library, stated she was not opposed to economic development, however, because of the TIFF District the library would not receive tax money for several years. 

 

Robert L. Bailey, President, asked if anyone else would like to speak for or against the TIFF District and since no more residents wished to speak, the hearing was closed.  

 

#096                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  CONSIDERATION FOR ADOPTION REGARDING THE

                                             CREATION OF A NEW TAX INCREMENT

                                             DEVELOPMENT DISTRICT DESIGNATED THE

                                             COUNTY COMMISSION OF CABELL COUNTY

                                             DEVELOPMENT DISTRICT #1-HIC-HADCO PARK

                                             AND A PROJECT PLAN REGARDING A PROJECT

                                             DESIGNATED AS THE HIC-HADCO PARK PROJECT

                                             #1 AND THE SUBMISSION OF AN APPLICATION TO

                                             THE WEST VIRGINIA DEVELOPMENT OFFICE FOR

                                             APPROVAL OF SUCH DISTRICT AND PROJECT PLAN

 

W. Scott Bias, Commissioner, moved to approve the resolution for adoption for the creation of a new Tax Increment Development District on State Route 2.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

THURSDAY, APRIL 17, 2008

PAGE FOUR

 

#097                            APPEARING, R.R. FREDEKING, II, ESQUIRE

 

                                    RE:  ESTATE OF WILLIAM NELSON WORSHAM

                                             (MOVED TO THE END OF THE AGENDA)

 

#098                            APPEARING, DAVID R. TYSON, ESQUIRE

 

                                    RE:  PETITION TO RE-OPEN THE ESTATE OF

                                             EVELYN MORRISON

 

David Tyson, Attorney for petitioners Paul Morrison, Kandi Hickman and Karla Morison Tinebra, stated the petitioners were named in the last will and testament of Evelyn Morrison and were given specified requests in said will.  Mr. Tyson further stated that Ms. Morrison’s will was probated, however, the petitioners were never given a copy of the appraisement or the final accounting from the Executrix, nor were they given their bequest.  Mr. Tyson stated he was requesting the Commission order the probate clerk to reopen the estate and to refer this to a Fiduciary Commissioner, as the Executrix did not follow the law.

 

Richard Vital, Attorney representing the Executrix, Jo Ann Wesaol, stated what Mr. Tyson said was true and a suit had been filed in the Circuit Court and was later dismissed by Judge Cummings. Mr. Vital further stated he believed the proper procedure would be for the petitioners to re-file a suit in the Circuit Court. 

 

After discussion, Nancy Cartmill, Commissioner, moved to approve the petition to re-open the estate and to refer this to a Fiduciary Commissioner.  Robert L. Bailey, President, seconded the motion and the vote was unanimous.

 

William Watson, County Attorney, requested the record to show that Richard Tyson, a Fiduciary Commissioner, would be excluded in the appointment for this matter.

 

 #099                           RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  RENEWAL OF PROPERTY AND CASUALTY

                                             INSURANCE TO BE EFFECTIVE APRIL 22, 2008

 

Stephen Zoeller, County Manager, informed the Commission that quotes had been received from Scottsdale Insurance and from Travelers Insurance.  Mr. Zoeller stated the quote from Travelers was the better price.  Mr. Zoeller further stated he would recommend changes that would include the Courthouse being covered at 100% of replacement value and to increase coverage for certain individuals involved in the handling of the county’s finances and tail coverage, of up to $35,000.00, which would cover any incidents incurred up to the time of transfer.

 

 

 

 

THURSDAY, APRIL 17, 2008

PAGE FIVE

 

Nancy Cartmill, Commissioner, moved to approve the entering of an agreement with Wells Fargo Insurance, effective April 22, 2008, for the renewal of property and casualty insurance with Travelers Insurance.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D)  

 

#100                            DISCUSSION/ACTION REGARDING LETTER TO BUCKEYE

                                    COMMUNITY HOPE FOUNDATION

 

                                    RE:  MARY LANE ESTATES, PROPOSED ACQUISITION

                                             REHABILITATION OF LOW INCOME HOUSING

                                             TAX CREDIT PROGRAM PROPERTY

 

Roy Lowenstein and Michele Speaks, Buckeye Community Hope Foundation, appeared before the Commission requesting unqualified support or no opposition on the proposed acquisition/rehabilitation of low income housing tax credit program property for Mary Lane Estates, located on Cyrus Creek Road, Barboursville. 

 

After discussion on the Tax Credit Program, Mr. Lowenstein stated his company had no intention of requesting a reduction in property taxes.

 

Nancy Cartmill, Commissioner, moved to send a letter of support to the Buckeye Community Hope Foundation regarding the Mary Lane Estates.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

#101                            LETTER, RESOLUTION AND GRANT APPLICATION,

                                    CABELL COUNTY COMMISSION

 

                                    RE:  COMMUNITY PARTICIPATION  GRANT PROGRAM

                                             Y.M.C.A. BASEBALL FIELD - $10,000.00

                                              PROJECT # 08LEDA0047

 

Connie Gray, Administrator of Grants, Planning and Permits, informed the Commission that money from this grant would be used for construction of fencing and site development for baseball and softball fields at the Kennedy Center.

 

Nancy Cartmill, Commissioner, moved to approve the filing of an application for a grant, in the amount of $10,000.00, to assist the Huntington YMCA-Kennedy Center in the development of recreational sports fields.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)

 

#102                            LETTER, RESOLUTION AND GRANT APPLICATION

                                    CABELL COUNTY COMMISSION

 

                                    RE:  COMMUNITY PARTICIPATION GRANT PROGRAM

                                             Y.M.C.A. BASEBALL FIELD - $27,000.00

                                             PROJECT #08LEDA0053

THURSDAY, APRIL 17, 2008

PAGE SIX

 

Mrs. Gray stated the funds from this grant would be used for the development of sports fields, construction of a fence, dugouts, site development and possible construction of a road. 

 

W. Scott Bias, Commissioner, moved to approve the filing of an application for funds, in the amount of $27,000.00, to assist the Huntington Y.M.C.A.-Kennedy Center in the development of sports fields.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#103                            LETTER, RESOLUTION AND GRANT APPLICATION

                                    CABELL COUNTY COMMISSION

 

                                    RE:  COMMUNITY PARTICIPATION GRANT PROGRAM

                                             THANKS! PLAIN AND SIMPLE - $2,500.00

                                             PROJECT # 08LEDA0057

 

Mrs. Gray informed the Commission the funds would be used to create flyers/brochures, newsletters, fact sheets, development surveys, coping, printing, presentation materials and hardware, video, photographs and supplies.

 

Nancy Cartmill, Commissioner, moved to approve the filing of an application, in the amount of $2,500.00, to assist Thanks, Plain and Simple.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)

 

#104                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT – MAGISTRATE CLERK 

 

Nancy Cartmill, Commissioner, moved to approve the employment of Lisa Ross as a temporary part time Deputy Magistrate Clerk, effective April 18, 2008, with a rate of pay $8.00 per hour.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

#105                            DISSUSSION/ACTION:

 

                                    RE:  LETTER FROM CHAD M. CARDINAL, ESQUIRE

                                             REGARDING CABELL COUNTY’S OUTSTANDING

                                             CHARGES TO THE WEST VIRGINIA REGIONAL

                                             JAIL AUTHORITY 

 

Chris Tatum, Assistant County Manager, informed the Commission the amount of $1,796,499 differs from the amount of the Regional Jail Authority, however, the County Manager was still discussing the difference with the RJA and they were recommending the Commission pay the $1,796,499 at this time.

 

 

 

THURSDAY, APRIL 17, 2008

PAGE SEVEN

 

Nancy Cartmill, Commissioner, moved to pay the Regional Jail Authority $1,796,499.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

#106                            LEASE AGREEMENT BETWEEN THE CABELL COUNTY

                                    COMMISSION AND JUDY A. BEASLEY

 

                                    RE:  FEMA PROPERTY/ONA, WEST VIRGINIA

 

Connie Gray, Administrator of Grants, Planning and Permits, explained that items #106, #107 and #108 would be the renewal of leases for property the county received from FEMA.  Mrs. Gray stated these properties were limited to agriculture purposes only.

 

W. Scott Bias, Commissioner, moved to approve the lease agreement between the County Commission and Judy A. Beasley.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

#107                            LEASE AGREEMENT BETWEEN THE CABELL COUNTY

                                    COMMISSION AND JOEY GOODPASTER

 

                                    RE:  FEMA PROPERTY/MILTON, WEST VIRGINIA

 

W. Scott Bias, Commissioner, moved to approve the lease agreement between the County Commission and Joey Goodpaster.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#108                            LEASE AGREEMENT BETWEEN THE CABELL COUNTY

                                    COMMISSION AND JERRY HODGE

 

                                    RE:  FEMA PROPERTY/MILTON, WEST VIRGINIA

 

W. Scott Bias, Commissioner, moved to approve the lease agreement between the County Commission and Jerry Hodge.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#109                            RESOLUTION, GENERAL FUND, COUNTY BUDGET

                                    REVISION #11, FY 2007-2008

 

Nancy Cartmill, Commissioner, moved to approve General Fund, County Budget Revision #11.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)

 

 

 

 

 

 

THURSDAY, APRIL 17, 2008

PAGE EIGHT

 

#110                            RESOLUTION, GENERAL FUND, STATE BUDGET

                                    REVISION #13, FY 2007-2008

 

W. Scott Bias, Commissioner, moved to approve General Fund, State Budget Revision #13.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.   Exhibit (I)

 

#111                            DISCUSSION/ACTION:

 

                                    RE:  POLL WORKER

 

Robert L. Bailey, President, stated there was a problem where one of the poll workers was a daughter-in-law of one of the candidates.

 

Mary Miller, Voter Registration Supervisor, read the State Code to the Commission.  Ms. Miller then informed the Commission that the Director of Elections stated that since the code did not define by blood or marriage and the Commission had appointed the poll worker, the Commission would need to make the decision as to the eligibility of the poll worker. 

 

Nancy Cartmill, Commissioner, stated she believed if a poll worker was related by blood or marriage, they should not work in order to protect the candidate of any impropriety.

 

W. Scott Bias, Commissioner, requested an opinion from County Attorney, William Watson.

 

Mr. Watson stated the code plainly says a spouse cannot serve as a poll worker in a precinct where the spouse would be on the ballot, however, the statute does not specify in regards to an in-law, therefore, he believed an in-law would not be ineligible.

 

W. Scott Bias, Commissioner, moved to approve to allow the daughter-in-law to continue as a poll worker.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. 

 

Robert L. Bailey, President, stated he had been approached by people asking if the Commission had property where the Healing Place could build.  President Bailey asked Chris Tatum to look into the matter for the next Commission meeting.

 

PLACE ON RECORD

 

Nancy Cartmill, Commissioner, moved to place on record the minutes from Greater Kanawha RC&D Council, Regular Meeting, March 19, 2008 AND OTHER DOCUMENTATION TO BE RECORDED: Culloden Public Service District, Financial Statement for Years Ended June 30, 2007 and 2006; Cabell-Huntington Board of Health, Independent Auditor’s Report and Related Financial Statements for Year Ended June 30, 2007 and the Bank of New York, Various Trust Accounts, March 31, 2008.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

THURSDAY, APRIL 17, 2008

PAGE NINE

 

#097                            ESTATE OF WILLIAM NELSON WORSHAM

 

R.R. Fredeking, Attorney, informed the Commission his clients did not know there would be a hearing today, due to a mix-up in his office. 

 

After a lengthy discussion, William Watson, County Attorney, stated he believed all parties should be present for a full hearing and he recommended that Mr. Fredeking reimburse the parties that would need to return for another hearing

 

Nancy Cartmill, Commissioner, moved to approve the date of Thursday, May 8, 2008, at 1:00 a.m., for a hearing regarding the Estate of William Nelson Worsham.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, adjourned the Commission meeting at 11:30 a.m., until the next regular scheduled meeting on Thursday, May 1, 2008, at 10:00 a.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            ___________________________________________

                                                                   PRESIDENT, COUNTY COMMISSION

 

 

 

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