THURSDAY OCTOBER 9, 2003

ROBERT L. BAILEY, PRESIDENT

L. D. EGNOR, COMMISSIONER

NANCY CARTMILL, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

GLENN WHITE, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY 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:

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

President Bailey stated that item #261 should be removed from the agenda. L. D. Egnor, Commissioner, moved to approve the agenda with the removal of item #261. Nancy Cartmill, Commissioner, seconded the motion.

Glenn White, County Manager, informed the Commission that Daniel Yon, the attorney for the estate of Ann Sturm, had requested that an item be added to the agenda. Mr. White stated that Mr. Yon would like the Commission to approve the filing of a copy of Ann Sturm’s will, as the original will had not been located. Mr. White further stated that just before the meeting started, Mr. Yon had called to say this matter did not need to be considered at this time.

After a brief discussion the Commission decided to hold this matter open until the end of the meeting to see if Mr. Yon could be present to answer questions on this matter.

Robert L. Bailey, President, called for a vote on approving the amended agenda with the removal of item #261 and the vote was unanimous.

L. D. Egnor, Commissioner, moved to approve purchase orders #1988 X through

#2264 X and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the September 25, 2003 minutes, erroneous assessments/land consolidations/split tickets and probate documentation. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY OCTOBER 9, 20003

PAGE TWO

Nancy Cartmill, 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. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

DISCUSSION: FUNDING FOR THE TRI-STATE FIRE ACADEMY

L. D. Egnor, Commissioner, stated that due to circumstances at the Fire Academy, short-term and long-term allocation of funds needed to be addressed. Commissioner Egnor stated the academy was not producing any sound income that would provide for the future. Commissioner Egnor went into the history of the Tri-State Fire Academy and explained that $20,000.00 from the Hotel-Motel Tax Fund was given to the academy last year, with the understanding the Commission would receive a report on the activity, the income, the ability to attract attendees and their programs, in order to justify the use of Hotel-Motel Tax Funds, however, no report was received.

Commissioner Egnor further stated that Volunteer Fire Departments and the Fire Academy were not mandated entities of county government, which would entitle them to county funds, but county governments do become involved in the provision of funding. Commissioner Egnor went on to say that it was possible for the Commission to respond to a short-term provision, by providing some additional funding to the volunteer fire departments and the Tri-State Fire Academy but what was really needed was a long-term revenue source in the form of a small Excess Levy for the volunteer fire departments, the Fire Academy, and in order to be fair the Huntington Fire Department should be included in the levy.

Robert L. Bailey, President, stated that Commissioner Cartmill had come to the other Commissioners with the idea of an Excess Levy, which could be placed on the ballot in the 2004 Primary Election. President Bailey stated then the people of Cabell County could decide how they would like to fund the fire departments and the Fire Academy.

Commissioner Cartmill stated that by using funds from an Excess Levy the fire departments would be assured of a set amount of money they would received for a five year period. Commissioner Cartmill went on to say that it was not fair for volunteers, who work so hard, to wonder from year to year if they would have the funds they require to provide the much needed service.

President Bailey stated he would like the Commission to give the seven fire departments $8,000.00 each, which was cut from last year’s budget due to budget restraints, and to give $10,000.00 to the Fire Academy for a total of $66,000.00. President Bailey stated the money for this funding would come from the Cable TV Franchise Fee. President Bailey also suggested the Commission look into placing an Excess Levy on the Primary Ballot.

THURSDAY OCTOBER 9, 2003

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Nancy Cartmill, Commissioner, moved to fund the seven (7) volunteer fire departments in the County by giving them each an additional $8,000.00 and to give $10,000.00 to the Fire Academy for a total of $66,000.00, and to look into a proposal to place an Excess Levy on the ballot to fund the fire departments and the Tri-State Fire Academy. L. D. Egnor, Commissioner, seconded the motion with the understanding that at the next Commission meeting they bring forth a proposal with details to lay the levy. The vote was unanimous.

William Watson, County Attorney, stated that Mr. Daniel Yon, attorney for the estate of Ann Sturm, reported he had found Mrs. Sturm’s original will and the Executor was in the process of filing the will.

L. D. Egnor, Commissioner, stated the Commission was having trouble getting the monthly General Fund Report from the Tax Department and requested that Mr. Bell, Chief Tax Deputy, present it to the Commission. Mr. Bell informed the Commission that the report was not due until the 10^th of the month and he would like to check the report over before releasing it to them. Mr. Bell also stated they were having difficulty gathering some of the information.

#252 RESOLUTION, CABELL COUNTY COMMISSION

RE: PROPOSED PRECINCT LOCATION CHANGE

Glenn White, County Manager, reported that Precinct #35, located at the Department of Human Services, 3135 16^th Street, was no longer available, therefore, the County Clerk was requesting that the location for Precinct #35 be changed to Huntington High School located at #1 Highlander Way. L. D. Egnor, Commissioner, moved to approve the proposed precinct change. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#253 LETTER, ADELL CHANDLER, CIRCUIT CLERK

RE: EMPLOYMENT

Nancy Cartmill, Commissioner, moved to approve the employment of Linda Leibee as a part-time employee in the Circuit Clerk’s Office, effective October 14, 2003. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY OCTOBER 9, 2033

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#254 RESOLUTION, CABELL COUNTY COMMISSION

RE: ALLOCATE CABELL COUNTY SENIOR CITIZENS

PROJECTS AND PROGRAMS EXCESS LEVY FUNDS

TO HOSPICE OF HUNTINGTON, INC.

L. D. Egnor, Commissioner, informed the Commission that after all the funding requests were distributed from the Cabell County Senior Citizen’s Excess Levy Fund, there still remained an amount of $75,000.00 that must be spent for the purpose of addressing the needs of Senior Citizens. Commissioner Egnor stated he would like to give that amount to Hospice of Huntington for the construction of a Hospice Inpatient House.

L. D. Egnor, Commissioner, moved to allocate $75,000.00 from the Senior Citizen’s Projects and Programs Excess Levy Tax Fund to Hospice of Huntington, Inc. to be used toward the development of the Hospice Inpatient House. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

Charlene Farrell, Executive Director of Hospice, gave a brief description of the new project and the services that Hospice provided for Cabell, Wayne and Lincoln Counties. Mrs. Farrell thanked the Commission for their consideration and the donation of $75,000.00.

#255 IN THE MATTER OF THE ESTATES OF NANCY M.

POLAN AND LINCOLN M. POLAN

RE: MOTION TO COMPEL INTERIM DISTRIBUTION OF

FUNDS AND TO REMOVE CO-EXECUTORS AND

TRUSTEE

NOTICE AND MOTION BY EXECUTORS AND TRUSTEE

TO EXCLUDE/RECUSE WILLIAM DEPAULO AND

RESPONSE TO MOTION FOR INTERIM TRANSFER

OF FUNDS AND REMOVAL OF EXECUTORS AND

TRUSTEE

L. D. Egnor, Commissioner, stated that after reviewing the documents he would suggest the Commission direct the Co-Executors, Sheriff Wolfe and R. R. Fredeking, to make a detailed inquiry into the needs of the beneficiary, Charles Polan. Commissioner Egnor further asked that the executors determine the necessary costs attendant to Mr. Polan’s care by determining the income he had received from the trust in the past and the amount he would have received in the future. Commissioner Egnor then requested that the executors bring the information back to the Commission with a recommendation to ensure that the needs of Mr. Charles Polan are met.

THURSDAY OCTOBER 9, 2003

PAGE FIVE

Commissioner Egnor also recommended that all other matters of the estate be continued for consideration and to be acted upon by the Commission at a later meeting.

L. D. Egnor, Commissioner, moved for the Co-Executors to work with Mr. Robert Waters, the present Trustee of Nancy M. Polan’s Estate, to complete this report as soon as possible and for all other matters of this estate be continued at a later date. Commissioner Cartmill stated she would abstain from voting, as she was not familiar with this issue. Robert L. Bailey, President, seconded the motion and the vote was as follows:

Robert L. Bailey, President aye

L. D. Egnor, Commissioner aye

Nancy Cartmill, Commissioner abstained

#256 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENT/CABELL HUNTINGTON HOSPITAL

BOARD OF DIRECTORS/DAVID FOX, III

Nancy Cartmill, Commissioner, moved to reappoint James G. Peterson as a member of the Cabell Huntington Hospital Board of Directors. Motion died for lack of a second.

L. D. Egnor, Commissioner, moved to appoint David Fox, III, as a member of the Cabell Huntington Hospital Board of Directors, for a term beginning immediately and ending September 30, 2006. Robert L. Bailey, President, seconded the motion and the vote was as follows: Exhibit (C)

Robert L. Bailey, President, aye

L. D. Egnor, Commissioner aye

Nancy Cartmill. Commissioner nay

#257 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

L. D. Egnor, Commissioner, moved to approve the employment of Brian L. Mayo, as a full-time EMT, effective October 10, 2003, with a rate of pay of $6.03 per hour and Natasha M. Hewitt, as a full-time temporary Paramedic, effective October 10, 2003, with a rate of pay of $7.11 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

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PAGE SIX

#258 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

L. D. Egnor, Commissioner, moved to approve the employment of Steven M. Rutherford, as a full-time temporary telecommunicator/dispatcher for E-911, effective October 16, 2003, with a rate of pay of $8.92 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#259 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

L. D. Egnor, Commissioner, moved to approve the employment of Jackey Ray Adkins, as a building maintenance employee, effective October 16, 2003, with a rate of pay of $18,500.00 per year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#260 RESOLUTION, CABELL COUNTY COMMISSION

RE: AUTHORIZE THE ON-LINE ACCEPTANCE OF AN

LLEBG AWARD IN THE AMOUNT OF $16,273.00

FOR FY 2003 THROUGH THE BUREAU OF

JUSTICE ASSISTANCE

Nancy Cartmill, Commissioner, moved to approve authorizing the on-line acceptance of a Local Law Enforcement Block Grant Award in the amount of $16,273.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#261 REMOVED FROM THE AGENDA

#262 LETTER, CABELL COUNTY COMMISSION

RE: OFFICIAL NOTIFICATION OF ELECTION TO

PARTICIPATE IN THE WEST VIRGINIA

STATEWIDE ADDRESSING AND MAPPING

PROJECT/APPOINTMENT OF SHIRLEY

LAWSON AS CABELL COUNTY’S ADDRESSING

COORDINATOR

THURSDAY OCTOBER 9, 2003

PAGE SEVEN

Glenn White, County Manager, explained this was the first step the County needed to take in order to participate in the addressing and mapping project. Mr. White also stated the Commission would need to name a coordinator for this project. Nancy Cartmill, Commissioner, moved to approve signing the letter to participate in the statewide addressing and mapping project and to appoint Shirley Lawson as Cabell County’s Addressing Coordinator. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, President, adjourned the meeting at 11:00 a.m., until the next regular scheduled meeting on October 23, 2003, at 10:00 a.m.

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PRESIDENT COUNTY COMMISSION

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