COMMISSION MEETING

THURSDAY, APRIL 8, 2004

PRESENT: NANCY CARTMILL, PRESIDENT

L. D. EGNOR, COMMISSIONER

ROBERT L. BAILEY, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

GLENN WHITE, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLE AND PAYABLES

Nancy Cartmill, President, called the regular 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. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, moved to approve purchase orders #5607 X through #5821 X. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

L. D. Egnor, Commissioner, moved to approve the minutes of the Special Commission Meeting of March 23, 2004, minutes of the Regular Commission Meeting of March 25, 2004, erroneous assessments, land consolidations, split tickets and probate documentation. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, 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.

OPEN BIDS TO REPLACE THE ROOF AT THE GREENBOTTOM COMMUNITY AND SENIOR CENTER, INC.

Glenn White, County Manager, reported two (2) bids had been received to replace the roof at the Greenbottom Community and Senior Center. Mr. White said the first bid was from L & H Roofing Inc. for $42,500.00 and the second bid was from S & S Construction for $16,326.00 for the roof and an additional quote of $4,342.00, contingent upon an approval of siding. Mr. White recommended taking the bids under advisement to make sure they met the specifications.

THURSDAY, APRIL 8, 2004

PAGE TWO

CITIZENS REGISTERED TO SPEAK:

Robert L. Bailey, Commissioner, reported he attended the meeting of the Cabell County Airport Authority Board and that the board expressed an interest for the people who used the airport, to purchase the property at the appraised value.

William Watson, County Attorney, stated that during the meeting the Cabell County Airport Authority Board was informed that the County Commission would like to sell the property and would like to sell it to the people who use the airport located on the property. Mr. Watson further stated the best way for this to happen would be for the people to legally form an association, who then in turn could purchase the property from the county.

Mr. Watson explained the County Commission was limited in its powers to sell property, as any property owned by the County Commission would have to be placed out for bid and sold to the highest bidder. Mr. Watson said if the property were to be transferred over to the Building Commission, the Building Commission could sell the property at the appraised value, without having to place the property out for bid.

Bruce Sprouse, Board Member, asked the Commission to hold off any decision about the property until his people returned from a fly-in and at that time they would check to see if they could afford to purchase the property and also to look into other aspects of the airport.

Carl Bailey, 206 6^th Avenue, asked if the Commission could sell only a portion of the property or could they donate the property.

L. D. Egnor, Commissioner, stated the Commission could not donate property, as other groups would want the Commission to equally donate parcels to them.

Don Lee, Vice President of the Tri-State Pilots’ Association, stated he hoped the airport would remain open.

Ben Dickens, 1015 Valley View Drive, stated he was concerned about what would happen to the property if it were to be sold.

#073 APPEARING PAUL A. RYKER, ESQUIRE

RE: PETITION IN THE ESTATE OF ESTHER M. PARSONS

Mr. Paul Ryker, Attorney for First State Bank, appeared before the Commission explaining that Mrs. Esther Parsons had co-signed a note at First State Bank with her son, Christopher Parsons. Mr. Ryker went on to say Mr. Parsons had filed for bankruptcy after the death of his mother and the note was now delinquent. Mr. Ryker stated that no one had come forward to represent Mrs. Parson’s estate and he was now requesting the Commission appoint the Sheriff as Administrator over Mrs. Parson’s Estate.

THURSDAY, APRIL 8, 2004

PAGE THREE

L. D., Egnor, Commissioner, moved to approve the petition to appoint the Sheriff as Administrator over the Estate of Esther M. Parsons. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Mr. Ryker stated he would prepare an order to this effect and bring it to the next Commission meeting for their signatures.

#074 PROCLAMATION, CABELL COUNTY COMMISSION

RE: “CHILDREN’S MEMORIAL FLAG DAY” APRIL 23, 2004

APPEARING, DEBBIE BAKER, CAMMACK

CHILDREN’S CENTER

L. E. Egnor, Commissioner, moved to approve the adoption of a proclamation declaring April 23, 2004, as “CHILDREN’S MEMORIAL FLAG DAY.” Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

Debbie Baker, from the Cammack Children’s Center, gave the Commission a flag to fly at the Courthouse on April 23, 2004.

#075 RESOLUTION, CABELL COUNTY COMMISSION

RE: RECLASSIFICATION

JENNIFER GALLO, FULL-TIME PARAMEDIC

CHARLES WAYNE SMITH, FULL-TIME EMT

Gordon Merry, CCEMS Director, informed the Commission Jennifer Gallo had received her paramedic certification but would be resigning April 13, 2004 to take a position elsewhere.

Robert L. Bailey, Commissioner, moved to approve the reclassification of Jennifer Gallo as a full time Paramedic, effective April 9, 2004, with a rate of pay of $7.11 per hour and the reclassification of Charles Wayne Smith as a full time EMT, effective April 9, 2004, with a rate of pay of $6.03 per hour. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#076 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

Gordon Merry, CCEMS Director, explained that Jason Boggess and Michael Morgan were replacements for personnel that had resigned and James Douglas would be taking the position left by Charles Smith.

THURSDAY, APRIL 8, 2004

PAGE FOUR

L. D. Egnor, Commissioner, moved to approve the employment of Jason Leroy Boggess, as full-time Paramedic, effective April 9, 2004, with a pay rate of $7.11 per hour; Charles Morgan, as a full-time EMT, effect April 9, 2004, with a pay rate of $6.03 per hour and James E. Douglas, as a per diem EMT, effective April 9, 2004, with a pay rate of $6.03 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#077 LETTER, RESOLUTION AND GRANT CONTRACT, CABELL

COUNTY COMMISSION

RE: FY 2004 LEGISLATIVE DIGEST-GOVERNOR’S

COMMUNITY PARTNERSHIP GRANT PROGRAM

TRI-STATE FIRE ACADEMY-$29,000.00

PROJECT # 04CPGP0016

Connie Gray, Administrator of Grants, Planning and Permits, explained this grant would be used to purchase supplies and equipment necessary to set up a computer lab at the Tri-State Fire Academy.

Robert L. Bailey, Commissioner, moved to approve the resolution authorizing a contract between the Cabell County Commission and the West Virginia Development Office for grant funds of $29,000.00. L. D. Egnor, Commissioner, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#078 LETTER, RESOLUTION AND GRANT APPLICATION

CABELL COUNTY COMMISSION

RE: VICTIM ASSISTANCE GRANT RENEWAL

FY 2004/2005 (AMENDED)

Mrs. Gray explained this resolution was to amend the amount of funds to be received from $83,320.00 to $79,778.00 because one of the Victim Advocates would be off work for a while.

Robert L. Bailey, Commissioner, moved to approve the amended application for funding for the Victim Assistance Grant to $79,778.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#079 LETTER, CABELL COUNTY COMMISSION

RE: GLENBRIER APARTMENTS

THURSDAY, APRIL 8, 2004

PAGE FIVE

Glenn White, County Manager, stated that approximately one year ago the Commission had issued a letter of no opposition for the Glenbrier Apartments to do a renovation project. Mr. White further stated a letter was received March 22, 2004, from Mr. Eslinger, of Yorel Developments, stating they did not receive funding for the project last year but they were applying for funds for 2004 and would need a letter from the Commission of no opposition for this project.

Robert L. Bailey, Commissioner, moved to approve a letter of no opposition for project development be sent to Yorel Development for the Glenbrier Apartments. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#80 LETTER, CABELL COUNTY COMMISSION

RE: THE CBS&T CORPORATION-BOND REDEMPTION

William Watson, County Attorney, stated CBS&T Corporation was issued revenue bonds back in the mid 1980’s and they were now in the position to re-deem the bonds. Mr. Watson further stated that since the County Commission had acted as a conduit, with the documents going through the County Commission, it would be appropriate for the Commission to make a request that the trustees redeem the bonds. Mr. Watson also stated there were some collateral documents that would need to be released along with the redemption of the bonds.

Robert L. Bailey, Commissioner, moved to authorize the President of the Commission to sign a letter requesting the redemption of bonds and collateral documentations by the trustees. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#081 RESOLUTION, CABELL COUNTY COMMISSION

RE: PLACEMENT OF PROPERTY AND CASUALTY

INSURANCE TO BE EFFECTIVE APRIL 22, 2004

Glenn White, County Manager, stated he had been working with Accordia Representative, Debra Johnson, on three separate quotes for property and casualty insurance for the county and he would recommend the Commission take their time and go over all the information before approving any policy. Mr. White suggested scheduling a special meeting for approval of the new policy since the existing policy expired at midnight on April 22, 2004.

Debra Johnson, Accordia Representative, stated she would like to highlight some of the issues in the different policies that she believed would be important in choosing an insurance program.

THURSDAY, APRIL 8, 2004

PAGE SIX

Ms. Johnson explained that both St. Paul and Scottsdale programs required all counties, municipalities and public sectors to have an employee handbook in place that contained certain policies and require each employee to sign-off on the handbook. Ms. Johnson did say the Board of Risk did not require a handbook, but their premiums were higher and she did expect that would change in the next year.

Ms. Johnson gave a break down of several items from each company’s program that concerned liability for harassment, wrongful termination, discrimination, sexual harassment and other employment related law suites; a break down on their policy covering acts of terrorism and their coverage concerning worker’s compensation.

L. D. Egnor, Commissioner, asked if these were the only options for the Commission to consider.

Ms. Johnson stated these were the only options for the Commission to consider because there were limited insurers operating in West Virginia and there were only a few companies that would write policies for the public sector.

After a lengthy discussion about the different policies, President Cartmill stated there would be a special meeting Wednesday, April 14, 2004 at 10:00 a.m. to approve an insurance program for the county.

L. D. Egnor, Commissioner, said he would like to make an observation about the development of a Wal-Mart near a dangerous highway. Commissioner Egnor stated this would cause and will continue to cause problems in the neighborhood near this store because of a void of planning and zoning. Commissioner Egnor further stated Wal-Mart was taking advantage of city services and yet he hears the advertisements on TV about the good deeds Wal-Mart does for the community.

Nancy Cartmill, President, stated she believed the laws in West Virginia which require cities to provide services to businesses who are outside the city limits but did not allow the cities to charge a larger amount money for those services, should be changed. President Cartmill further stated she believed this practice was not fair to the people who live in the city limits and pay for the services and pay taxes.

Robert L. Bailey, Commissioner, stated he went to a Planning Commission meeting in the City of Huntington and was upset that six people could keep a man from investing $2,000,000.00 of his own money on his own property to build a strip mall.

THURSDAY, APRIL 8, 2004

PAGE SEVEN

Nancy Cartmill, President, adjourned the meeting at 11:30 p.m., until the next regular scheduled meeting April 22, 2004, at 10:00 a.m.

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PRESIDENT, COUNTY COMMISSION

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