COMMISSION MEETING

COMMISSION MEETING

THURSDAY, AUGUST 25, 2005

PRESENT: ROBERT L. BAILEY, PRESIDENT

NANCY CARTMILL, COMMISSIONER

W. SCOTT BIAS, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

CHRIS TATUM, INTERIM 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:

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

W. Scott Bias, Commissioner, moved to approve purchase orders #779 A through #1095 A and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve 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.

“OPEN BIDS” PROPOSALS FOR ARCHITECTURAL SERVICES FOR THE NEW CCEMS AMBULANCE STATION LOCATED AT GALLAHER

SCHOOL PROPERTY

Chris Tatum, Interim County Manager, informed the Commission that two bids had been received for architectural services for the new CCEMS Ambulance Station. Mr. Tatum asked if anyone present had a proposal to submit. No other bids were presented.

Mr. Tatum stated that one bid was from Edward Tucker Architects, Inc. and the second bid was from Larry E. Ellis, Architect, Inc. Mr. Tatum opened the bid from Edward Tucker Architects, Inc. and stated there was not a cost break down attached.

President Bailey directed Mrs. Ross to contact Edward Tucker Architects, Inc. to request a cost break down and Commission would address this item later in the agenda.

THURSDAY, AUGUST 25, 2005

PAGE TWO

#259 PROCLAMATIONS, CABELL COUNTY COMMISSION

RE: HONORING THE 60^TH ANNIVERSARY OF RELIGIOUS

PROFESSION PALLOTTINE MISSIONARY SISTERS

SISTER M. ANNETTES CRNKOVICH, S.A.C., SISTER

M. MONICA CRNKOVICH, S.A.C., SISTER M. CLARITA

FERRELL, S.A.C.

Nancy Cartmill, Commissioner, moved to adopt the proclamation declaring August 25, 2005 as “Pallottine Missionary Day” in Cabell County, West Virginia. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#260 TRANSFER OF PROPERTY FROM CABELL HUNTINGTON

HEALTH DEPARTMENT TO CABELL HUNTINGTON

HOSPITAL, INC.

William Watson, County Attorney, informed the Commission that since the Cabell County Health Department had moved into their new building their previous location, located next to Cabell Huntington Hospital, would revert back to the hospital.

W. Scott Bias, Commissioner, moved to authorize the transfer of property from the Cabell County Health Department to Cabell Huntington Hospital, Inc. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#261 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF RELEASE AND SUBSTITUTION

OF A LETTER OF CREDIT BY FIRST SENTRY BANK

Nancy Cartmill, Commissioner, moved to approve the release and substitution of a Letter of Credit by First Sentry Bank. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#262 LETTER, KIM WOLFE, SHERIFF

RE: EMPLOYMENT

W. Scott Bias, Commissioner, moved to approve the employment of Ralph Bunch, Jr. and Rody H. Workman as part time Courthouse Security Officers, effective August 26, 2005, with a rate of pay of $10.00 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#263 APPEARING, BRUCE L. STOUT, ESQUIRE

RE: PETITION FOR PROBATE OF LOST WILL IN THE

ESTATE OF FREDA HALSTEAD EDWARDS

THURSDAY, AUGUST 25, 2005

PAGE THREE

Bruce L. Stout, Attorney representing Suzanne Clagg and Brenda Jameson, appeared before the Commission to present a petition requesting that a copy of the Will of Freda Halstead Edwards be submitted for probate. Mr. Stout stated that sometime between the execution of Ms. Edwards’s will and her death, the will had been misplaced or destroyed. Mr. Stout further stated there were no objections to a copy of the Will being admitted for probate.

William Watson, County Attorney, stated he had reviewed all documentation and would recommend the Commission allow a copy of the Will be submitted for probate.

W. Scott Bias, Commissioner, moved to approve the order for a copy of the Will of Freda Halstead Edwards be accepted into probate. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

PROPOSALS FOR ARCHITECTURAL SERVICES FOR CCEMS STATION

William Watson, County Attorney, stated that in accordance with West Virginia State Code, firms were to submit an expression of interest for providing services for this project with no amount of costs being submitted. Mr. Watson further stated that after proposals were accepted a committee, or the Commission, would then review the proposals to determine which firm was the most qualified to provide services for this project.

Nancy Cartmill, Commissioner, moved to take this under advisement and to set interviews with the two firms regarding architectural services for the new CCEMS Ambulance Station. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#264 PETITION TO DECLARE ESTATE INSOLVENT

RE: ESTATE OF MINNIE MOLLOHAN

Damon Morgan, representing the Estate of Minnie Mollohan, stated that since this petition had been filed to close the Estate of Minnie Mollohan, they had been approached regarding the sale of property. Mr. Morgan requested the Commission continue this matter until a later date.

William Watson, County Attorney, recommended this matter be continued because there may be funds available for creditors if the property were to be sold.

W. Scott Bias, Commissioner, moved to delay the petition to declare the Estate of Minnie Mollohan insolvent. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, AUGUST 25, 2005

PAGE FOUR

#265 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

W. Scott Bias, Commissioner, moved to approve the employment of Jessica Kester and Darius H. Adkins as temporary part time Deputy Magistrate Court Clerks, effective August 26, 2005, with a rate of pay of $8.00 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Mr. Tatum reminded the Commission this was an agreement between the Administrative Office of the Courts of West Virginia and the Commission and that the salaries of the Deputy Magistrate Clerks would be paid from the Worthless Check Fund, pursuant to West Virginia Code §61-3-39h.

#266 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT

W. Scott Bias, Commissioner, stated the Commission had interviewed three applicants for the position of County Manager and that all three applicants were excellent which made the decision of hiring a County Manager difficult.

W. Scott Bias, Commissioner, moved to approve the employment of Stephen J. Zoeller as County Manager, effective September 12, 2005, with a rate of pay of $57,000.00 per year. Robert L. Bailey, President, seconded the motion and the vote was as follows:

Robert L. Bailey, President aye

Nancy Cartmill, Commissioner nay

W. Scott Bias, Commissioner aye

#267 RESOLUTIONS, CABELL COUNTY COMMISSION

NOMINATIONS

W. Scott Bias, Commissioner, moved to approve the nominations of Randy Ash, Sgt Dana L. Chapman, Karen Hall-Dundas, Kim Lockwood, Jack Vital and JoAndrea Watson to the Cabell/Wayne Local Emergency Planning Committee. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#268 RESOLUTION, CABELL COUNTY COMMISSION

RE: SUPPORTING HUNTINGTON INDUSTRIAL

CORPORATION’S APPLICATION FOR FUNDS

TO CONSTRUCT AN ACCESS ROAD TO A PROPOSED

FLEX BUILDING TO BE CONSTRUCTED AT

COMMERCE PARK IN THE CITY OF HUNTINGTON

THURSDAY, AUGUST 25, 2005

PAGE FIVE

W. Scott Bias, Commissioner, stated this resolution was in support of building an access road, using state funds, for construction of a 32,000 square foot shell building in Commerce Park by the Huntington Area Development Council (HADCO).

Nancy Cartmill, Commissioner, moved to approve the resolution supporting the application for funds to build an access road for a proposed building in Commerce Park. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#269 LETTER, RESOLUTION AND GRANT CONTRACT

RE: AUTHORIZING THE ACCEPTANCE OF A FY 2005

EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE

GRANT PROGRAM AWARD-$70,663.00

Connie Gray, Administrator of Grants, Planning and Permits, stated the funds from this grant would be used by the Cabell County Sheriff’s Department to purchase equipment, computers and other supplies necessary for operations in the Sheriff’s Department. Mrs. Gray further stated no matching funds were required.

Nancy Cartmill, Commissioner, moved to approve acceptance of the FY 2005 Edward Bryne Memorial Justice Assistance Grant Program in the amount of $70,663.00. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#270 MEMORANDUM, CHRIS TATUN, INTERIM COUNTY

MANAGER

RE: ESTABLISHING A DATE FOR TRICK OR TREAT

IN RURAL CABELL COUNTY – 2005

W. Scott Bias, Commissioner, moved to approve the date of Monday, October 31, 2005, from 6:00 p.m. to 7:30 p.m., for Trick or Treat in Cabell County. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#271 LETTER, GRANT COUNTY COMMISSION

RE: IN SUPPORT OF THE CABELL COUNTY

COMMISSION’S LITIGATION AND THEIR POSITION

REGARDING THE WESTERN REGIONAL JAIL FEES

Robert L. Bailey, President, read a letter from the Grant County Commission in support of Cabell County’s litigation regarding the Western Regional Jail fees. President Bailey requested this letter be made a part of the record.

THURSDAY, AUGUST 25, 2005

PAGE SIX

Chris Tatum, Interim County Manager, discussed with the Commission the meeting of the Cabell County Community Justice Board. Mr. Tatum also informed the Commission that since the county did not receive the amount of funding requested, there would be some changes in the grant regarding the Day Reporting Center.

#272 LETTER, CANDICE K. WARD, MANAGER, RANDOLPH

SHEPPARD PROGRAM

RE: CABELL COUNTY COURTHOUSE SNACK BAR

William Watson, County Attorney, stated that at the Commission’s request he had corresponded with Ms. Ward regarding the Courthouse snack bar. Mr. Watson went on to say that since the Commission did not wish to subsidize the snack bar and Ms. Ward had indicated the snack bar was losing money, the Randolph Sheppard Program would close the snack bar , effective September 1, 2005.

Robert L. Bailey, President, stated he had talked with employees in the Courthouse and they want a snack bar not a room with vending machines only. President Bailey further stated he would like to bid the snack bar to a business that would provide some type of food service.

W. Scott Bias, Commissioner, stated he did not mind the existing vending machines, however, he did not want the snack bar room to be used for storage nor did he want additional vending machines placed in the snack bar because the employees had informed him they would like some kind of food service.

William Watson, County Attorney, suggested that maintenance check-out the wiring and the ventilation in the snack bar and give a cost estimate to the Commission before making a decision on bidding out the snack bar.

President Bailey suggested Mr. Watson send a letter informing the Randolph Sheppard Program that the snack bar area could not be used for storage and they could not place vending machines in that room.

Nancy Cartmill, Commissioner, moved to have the attorney write to Ms. Ward and inform her of the Commission’s wishes not to have vending machines in the snack bar and that the snack bar room could not be used for storage. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#273 RESOLUTION, GENERAL FUND STATE BUGET

REVISION #2, FY 2005-2006

W. Scott Bias, Commissioner, moved to approve the adoption of General Fund State Budget Revision #2. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

THURSDAY, AUGUST 25, 2005

PAGE SEVEN

PLACE ON RECORD:

W. Scott Bias, Commissioner, moved to approve to place on record the minutes of the Culloden Public Service District, Special Meeting, June 8, 2005, Culloden Public Service District, Regular Meeting, June 15, 2005, Culloden Public Service District, Special Meeting, June 22, 2005, Culloden Public Service District, Regular Meeting, July 20, 2005, Culloden Public Service District, Special Meeting, July 27, 2005; Great Kanawha RC&D Board of Directors Meeting, April 20, 2005, Great Kanawha RC&D Board of Directors Meeting, July 20, 2005; Organizational Meeting of the Regional Plant Operating Committee (City of Milton/Culloden PSD/Salt Rock Sewer PSD) July 2004 through June 2005; Pea Ridge Public Service District, Regular Board Meeting, June 13, 2005, Pea Ridge Public Service District, Special Board Meeting, June 24, 2005, Pea Ridge Public Service District, Regular Board Meeting, July 18, 2005; Salt Rock Water Public Service District, Regular Meeting, July 12, 2005; OTHER DOCUMENTATION TO BE RECORDED: Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, July, 2005; Branch Banking and Trust Company, Lease Revenue Bonds (WV American Water Project) February 1, 2005 to July 31, 2005 and The Bank of New York, Various Trust Account Statements, July 31, 2005. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, President, asked Mrs. Ross to set up a meeting with Karen Cole, County Clerk, and the top people from ES & S regarding the voting equipment. President Bailey stated that the Commission must make a decision by October 1, 2005 on what voting system the county would used in the next election.

Robert L. Bailey, President, adjourned the meeting at 11:03a.m., until the next schedule meeting of September 8, 2005, at 10:00 a.m.

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PRESIDENT, COUNTY COMMISSION

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