THURSDAY JULY 31, 2003

PRESENT: ROBERT L. BAILEY, PRESIDENT

L. D. EGNOR, COMMISSIONER

NANCY CARTMILL, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

GLENN WHITE, COUNTY MANAGER

CONNIE GRAY, ADMINISTRATOR FOR GRANTS,

PLANNING AMD PERMITS

ABSENT: SHARON ROSS, ASSISTANT MANAGER FOR

BILLABLES AND PAYABLES

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

APPROVE:

Nancy Cartmill, Commissioner, moved to approve the agenda as presented. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

L. D. Egnor, Commissioner, moved to approve purchase orders #513 X through #747 X and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, commissioner, moved to approve the minutes of the regular meeting of July 17, 2003, erroneous assessments/land consolidation/split tickets and probate documentations. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

L. D, Egnor, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield and 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.

#193 LETTER, ADELL CHANDLER, CIRCUIT CLERK

RE: EMPLOYMENT

Adell Chandler, Circuit Clerk, stated that at this time she did not want to move Alisha M. Maynard to full-time status, but keep her as a part-time employee and would like to hire Sarah McGuffin as a part-time clerk. Mrs. Chandler also stated that in her letter she requested that her salary line item be increased by $3,500.00 so that employee’s salaries could be raised to a minimum of $18,460.00. Mrs. Chandler went on to say this had been discussed during budget hearings when the $500.00 per year increments were discontinued, however no action had been taken.

THURSDAY JULY 31, 2003

PAGE TWO

Nancy Cartmill, Commissioner, moved to delay action on Ms. Maynard becoming a full-time employee; approve the hiring of Sarah McGuffin as a part-time clerk effective August 2, 2003; and to request that Mr. White review the matter of the salary increases to determine if it was possible to fund this in all offices by a revision of the carry-over. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#194 LETTER, KAREN COLE, COUNTY CLERK

RE: PRESENTATION OF THE CARRYOVER AMOUNT

FOR THE GENERAL FUND FOR FISCAL YEAR

2002/2003

Karen Cole, County Clerk, informed the Commission that the gross carryover amount for the General Fund for the fiscal year 2002/2003 was $1,110,950.50. Mrs. Cole stated the projected carryover that was budged into the current 2003/2004 fiscal year was $1,319,119.00; therefore a revision of -$208,169.00 would need to be made to the current fiscal budget. Glenn White, County Manager, mentioned that in preparing the budget there were a number of items for example, the sale of property, some tax issues and several other items which they anticipated happening prior to June 30^thbut did not, that caused the negative amount of the budget revision. L. D. Egnor, Commissioner, moved to accept the 2002/2003 Carryover as presentation by the County Clerk. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#195 LETTER, KAREN COLE, COUNTY CLERK

RE: FIRST SENTRY BANK/90 DAY LETTER OF CREDIT

Karen Cole, County Clerk, stated that she received a letter from First Sentry Bank requesting a 90-day Letter of Credit in the amount of $6,000,000.00 to cover deposits made during the peak period for tax collections. Nancy Cartmill, Commissioner, moved to approve the 90-day Letter of Credit. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#196 LETTER, KIM WOLFE, SHERIFF

RE: HIRING OF J.T. MEISEL, ESQ./BANKRUPTCIES

Kim Wolfe, Sheriff, appeared before the Commission requesting approval to hire J. T. Meisel to handle certain bankruptcy matters for the Tax Office at a rate of $125.00 per hour.

THURSDAY JULY 31, 2003

PAGE THREE

L. D. Egnor, Commissioner, moved to approve the hiring of J. T. Meisel for the Tax Office, with the understanding that the matters to be undertaken would relate to the Special Metals, Ames and Phar Mor bankruptcies and for Michael Woelfel, Attorney representing Kim Wolfe, to address a letter to Mr. Meisel in that regard designating those areas of restitution. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#197 LETTER, KIM WOLFE, SHERIFF

RE: HIRING OF AN ADDITIONAL EMPLOYEE

FOR COMMITTEE ACCOUNTS

Nancy Cartmill, Commissioner, moved to continue this item until the next meeting. L. D. Egnor, Commissioner, seconded the motion.

Kim Wolfe, Sheriff, stated it was very critical that his office hire an additional employee to help with the Committee Accounts.

L. D. Egnor, Commissioner, stated the State Auditor would conduct an over-view of the Tax Department on August 11, 2003 and this matter should be approached after the evaluation. L. D. Egnor, Commissioner, moved that the matter be continued generally. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

After a brief discussion between the Commissioner and Mr. Woelfel, Commissioner Egnor moved to resend the last motion. The motion died for lack of second.

#198 PETITION, SEAN K. HAMMERS, FIDUCIARY

COMMISSIONER

RE: CLOSE THE ESTATE OF ZELMA CHAPMAN,

DECEASED

Sean Hammers, Fiduciary Commissioner, appeared before the Commission regarding the estates of Zelma Chapman and Thelma Crook to request these estates be closed. Mr. Hammers reported that no activity had taken place regarding the estates, the executors of the estates could not be found, and there were no claims against the estates. Nancy Cartmill, moved to approve the petition to close the estate of Zelma Chapman. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#199 PETITION, SEAN K. HAMMERS, FIDUCIARY

COMMISSIONER

RE: CLOSE THE ESTATE OF THELMA CROOK,

DECEASED

THURSDAY 31, 2003

PAGE FOUR

Nancy Cartmill, Commissioner, moved to approve the petition to close the estate of Thelma Crook. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#200 APPEARING, AUDY M. PERRY, JR., ESQUIRE

RE: REQUEST FOR EXONERATION OF TAXES FOR

MARY ROSE HINSHAW

Ottie Adkins, Assessor, informed the Commission that Ms. Hinshaw should have been under Homestead Exemption and recommended she be granted this classification. L. D. Egnor, Commissioner, moved to approve Homestead Exemption be granted to Mary Rose Hinshaw. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, President, stated the Commission was honored to have Mayor Betty Sargent from Milton and Mayor Paul Turman from Barboursville in the audience this morning.

#201 APPEARING, ROBERT MORRIS

RE: HOMESTEAD EXEMPTION FOR THE TAX YEAR

2003

Ottie Adkins, Cabell County Assessor, recommended that this be approved due to a clerical error. Nancy Cartmill, Commissioner, moved to approve Homestead Exemption for Robert Morris. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#202 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENT/TOMMY HARBOUR/CABELL

COUNTY BUILDING COMMISSION

L. D. Egnor, Commissioner, moved to appoint Tommy Harbour to fill the unexpired term on the Cabell County Building Commission, commencing August 1, 2003 and ending February 6, 2004. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#203 LETTER, CABELL COUNTY COMMISSION

RE: UNION RIDGE WATERLINE EXTENSION PROJECT

#023CBG0021X/DRAWDOWN REQUEST #2/$18,000.00

THURSDAY JULY 31, 2003

PAGE FIVE

Glenn White, County Manager, explained this request was to pay one invoice of $18,000.00 to Terradon Corporation for engineering services. Nancy Cartmill, Commissioner, moved to approve drawdown request #2 for $18,000.00. Robert L. Bailey, President, seconded the motion and the vote was unanimous.

Robert L. Bailey, President, requested that the record show that L. D. Egnor, Commissioner, left the Commission meeting at 10:31 a.m.

#204 LETTER, RESOLUTION AND GRANT CONTRACT

RE: COURT SECURITY FUND GRANT/APPROVED

FUNDING $110,574.00/PROJECT #03-CS-03

Connie Gray, Administrator of Grants, Planning and Permits, informed the Commission that this grant would allow the purchase and installation of security equipment at the Courthouse. Nancy Cartmill, Commissioners, moved to approve the resolution authorizing the signing of a grant contract between the Division of Criminal Justice Services and the Cabell County Commission, for the purpose of enhancing security at the Cabell County Courthouse.

Robert L. President, President, requested that the record show that Commissioner Egnor returned to the Commission meeting at 10:34 a.m.

L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#205 RESOLUTION, CABELL COUNTY COMMISSION

RE: INVITATION TO BID TO PROVIDE ONE 2003 FORD

E350 DUAL REAR WHEEL CUTAWAY NARROWED

TYPE III TWO REAR WHEEL DRIVE (4X2)

AMBULANCE FOR CABELL COUNTY CCEMS

L. D. Egnor, Commissioner, moved to approve advertising for invitation to bid on one ambulance for Cabell County Emergency Medical Services. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#206 RESOLUTION, CABELL COUNTY COMMISSION

RE: REQUEST THAT THE CABELL COUNTY PLANNING

COMMISSION CONDUCT AN EVALUATION TO

DETERMINE THE NEED FOR AN ADULT

ENTERTAINMENT ORDINANCE

THURSDAY JULY 31, 2003

PAGE SIX

L. D. Egnor, Commissioner, moved to approve this resolution for the Planning Commission to conduct an evaluation on the need of an ordinance on adult entertainment. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#207 RESOLUTION, CABELL COUNTY COMMISSION

RE: AUTHORIZE THE SALE BY THE CABELL COUNTY

COMMISSION OF REAL PROPERTY AT 301 W 8^TH

STREET, HUNTINGTON, CABELL COUNTY, WEST

VIRGINIA, TO THE WEST VIRGINIA STATE

ARMORY BOARD FOR USE BY THE WEST

VIRGINIA NATIONAL GUARD

L. D. Egnor, Commissioner, moved to approve the resolution for authorization of the sale of property at 301 West 8^th Street to the West Virginia Armory Board for $80,000.00. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#208 RESOLUTION, CABELL COUNTY COMMISSION

RE: ADOPTION OF A RESOLUTION AUTHORIZING

THE SALE BY THE CABELL COUNTY

COMMISSION OF REAL PROPERTY OWNED

BY THE CABELL COUNTY COMMISSION,

COMMONLY KNOWN AS KIWANIVISTA

PARK LOCATED IN CABELL COUNTY

L. D. Egnor, Commissioner, stated this resolution provided for the sale of the property known as Kiwanivista Park by public auction, on the steps of the Cabell County Courthouse, August 18, 2003. L. D. Egnor, Commissioner, moved to approve the resolution for the sale of Kiwanivista Park. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#209 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

Glenn White, County Manager, informed the Commission that approximately seventy people applied for the job of Assistant County Manager for Personnel and Purchasing. Mr. White went on to say that there would be a 90-day trial period for the employee and at that time he would report back to the Commission on the employee’s skills and ability.

THURSDAY JULY 31, 2003

PAGE SEVEN

L. D. Egnor, Commissioner, moved to approve the 90-day period of employment of Lisa Eilene Prichard, as a full-time Assistant County Manager for Personnel and Purchasing, effective August 1, 2003, with a compensation of $30,000.00 per year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#210 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPROVING ALLOCATIONS FOR FISCAL YEAR

2003/2004 FROM HOTEL OCCUPANCY TAX FUND

FOR QUALIFYING PROGRAMS AND REQUESTS BY

THE COUNTY COMMISSION OF CABELL COUNTY

WEST VIRGINIA

Nancy Cartmill, Commissioner, moved to approve the resolution on requests for the Hotel/Motel Tax Funds. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

Robert L. Bailey, President, stated there was a list available of those organizations that applied for Hotel/Motel Tax Funds if anyone would want to review the list.

PLACE ON RECORD:

L. D. Egnor, Commissioner, moved to place on record the minutes from the Culloden Public Service District Regular Meeting of May 14, 2003, Culloden Public Service District Special Meeting of May 30, 2003, Culloden Public Service District Regular Meeting of June 18, 2003 and the Culloden Public Service District Annual Operating Budget-Sewer for the Fiscal Year ending June 30, 2004; Pea Ridge Public Service District Regular Board Meeting of June 9, 2003; Salt Rock Water Public Service District Regular Meeting of June 10, 2003; Tri-State Airport Authority Regular Meeting of May 15, 2003; Cabell Huntington Convention & Visitors Bureau Board of Directors Meeting of April 28, 2003 and the Huntington-Cabell-Wayne Animal Control Shelter meeting of May 12, 2003. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

OTHER DOCUMENATION TO BE RECORDED:

L. D. Egnor, Commissioner, moved to place on record the Huntington-Cabell-Wayne Animal Control Shelter Monthly Report of June 2003 and the Bank of New York Various Bond Trust Accounts for June 30, 2003. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY JULY 31, 2003

PAGE EIGHT

CITIZENS TO SPEAK:

Charles Weaver, 4063 Blue Sulphur Road, Ona, asked if the Commission could help with a problem he was having on his property. Mr. Weaver said the creek that runs through his property, was creating a water problem due to the collection of sand and gravel. Mr. Weaver stated he had spoken with the Soil Conservation Department and they had informed him the creek needed to be dredge but they could not help him at this time. Robert L. Bailey, President, asked Connie Gray, Administrator of Grant, Planning and Permits, to see if she could find some type of assistance for Mr. Weaver.

Mr. White stated he and Mr. Watson had discussed items #198 and #199, regarding closing the estates for Zelma Chapman and Thelma Crook. The petition requests that Sean Hammers be removed as Fiduciary Commissioner. Mr. White is recommending that Mr. Hammers submit revised orders that reflect closing of the two estates, along with the dismissal of Mr. Hammers as Fiduciary Commissioner. L. D. Egnor, Commissioner, moved to accept Mr. White’s recommendation. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, President adjourned the meeting at 11:15 a.m., until the next regular meeting on August 14, 2003, at 10:00 a.m.

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PRESIDENT, COUNTY COMMISSION

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