COMMISSION MEETING 1-26-06

COMMISSION MEETING

THURSDAY, JANUARY 26, 2006

PRESENT: W. SCOTT BIAS, PRESIDENT

ROBERT L. BAILEY, COMMISSIONER

NANCY CARTMILL, COMMISSIONER

SHARON ROSS, ASSITANT COUNTY MANAGER

FOR BILLABLES AND PAYABLES

CHRIS TATUM, ASSISTANT COUNTY MANAGER

FOR PERSONNEL AND PURCHASING

ABSENT: WILLIAM T. WATSON, COUNTY ATTORNEY

STEPHEN ZOELLER, COUNTY MANAGER

W. Scott Bias, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.

APPROVE:

Chris Tatum, Assistant County Manager, informed the Commission that Karen Cole, County Clerk, had two items of extreme importance that needed to be added to the agenda. Mr. Tatum stated that one item would be to set the time and date for the Board of Canvass for the Special Election and the other item would be the appointment of Ballot Commissioners for the Primary and General elections for 2006. Mr. Tatum went on to say that item #24 needed to be removed from the agenda.

Robert L. Bailey, Commissioner, moved to approve amending the agenda to include the Board of Canvass, Ballot Commissioners and to remove item #024 on Cabell County’s Excess Levies. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve purchase orders #3651 A through #3905 A and pay jackets. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, moved to approve erroneous assessments, land consolidation, split tickets and probate documentation. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

“OPEN BIDS” NEW HEATING AND AIR CONDITIONING SYSTEM FOR THE

CAMMACK CHILDREN’S CENTER

Chris Tatum, Assistant County Manager for Personnel and Purchasing, informed the Commission that two bids had been received for the heating and cooling system for the Cammack Children’s Center. Mr. Tatum asked if anyone present had a proposal to submit and no other bids were presented.

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PAGE TWO

Mr. Tatum stated the first bid was from Scott Sullivan, Inc., in the amount of $73,000.00, and the second bid was from Ferguson Brothers, in the amount of $126,760.00.

Robert L. Bailey, Commissioner, moved to take the two bids under advisement and bring back to the Commission for approval at a later date. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

EMERGENCY ITEMS:

DATE AND TIME FOR CANVASS

RE: SPECIAL ELECTION/BOARD OF EDUCATION

Robert L. Bailey, Commissioner, moved to set the date of Friday, February 3, 2006, at 11:00 a.m., for the Board of Canvass for the Special Election held on January 28, 2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

BALLOT COMMISSIONERS

RE: APPOINTMENTS

Nancy Cartmill, Commissioner, moved to appoint Mary Ann Henry and Lois Merritt as Ballot Commissioners for a two year period. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

CITIZENS REGISTERED TO SPEAK

Mrs. Conley, county resident, appeared before the Commission requesting the Commission pass an ordinance dealing with loud music.

Robert L. Bailey, Commissioner informed Mrs. Conley the Commission would take this under advisement and discuss this with the county attorney.

#008 LETTER, KIM WOLFE, SHERIFF

RE: REQUEST THE PURCHASE OF A 2006 FORD CROWN

VICTORIA ON STATE CONTRACT

Robert L. Bailey, Commissioner, moved to approve the purchase of a 2006 Ford Crown Victoria, on state contract, for the Sheriff’s Department. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

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PAGE THREE

#009 RESOLUTIONS, COUNTY COMMISSION

RE: RECLASSIFICATIONS

Nancy Cartmill, Commissioner, moved to approve the reclassification of Stephanie Noel as a per diem Paramedic, effective January 27, 2006, with a rate of pay of $8.71 per hour; the reclassification of Tena Littleton-Crum as a full-time, temporary Paramedic, effective January 27, 2006, with a rate of pay of $8.71 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#010 RESOLUTION, CABELL COUNTY COMMISSION

RE: REAPPOINTMENT

Robert L. Bailey, Commissioner, moved to approve the appointment of Charles R. Woolcock as a member to the Cabell County Building Commission, for a term beginning immediately and ending January 22, 2011. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#011 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: REAPPOINTMENTS

Nancy Cartmill, Commissioner, moved to approve the reappointments to the Cabell County Historic Landmarks Commission for Margaret Mary Layne and Carolyn Bagby for terms beginning February 1, 2006, and ending January 31, 2009 and John
H. Hankins for a term expiring August 8, 2008. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#012 LETTER FROM CABELL COUNTY SOLID WASTE

AUTHORITY REQUESTING THE APPOINTMENT

OF A LITTER CONTROL OFFICER

Nancy Cartmill, Commissioner, moved to table this item until the Commission could discuss this issue with the county attorney. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#013 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: NOMINATING FOR APPOINTMENTS TO THE

CABELL/WAYNE LOCAL EMERGENCY PLANNING

COMMISSION

Commissioner Cartmill asked where the recommendations for the Cabell/Wayne Local Emergency Planning Commission originate.

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PAGE FOUR

Sharon Ross, Assistant, County Manager for Billables and Payables, stated that any Cabell County resident could request to become a member of the Cabell/Wayne Local Emergency Planning Committee. Mrs. Ross went on to say that the Local Emergency Planning Committee then sends recommendations to the County Commission for their approval and the County Commission sends the nominations to the West Virginia Emergency Response Commission.

Robert L. Bailey, Commissioner, moved to nominate the following people: Donald Mike Davis, representing Emergency Services, Christina Stover, representing hospitals and Jesse Dick, representing hospitals. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#014 LETTER, CABELL COUNTY COMMISSION

RE: IN SUPPORT OF TAX INCREMENT FINANCING

FOR KINETIC PARK

Bill Toney, Executive Director of the Huntington Municipal Development Authority, stated this letter was a request, on the behalf of the City of Huntington and the Development Authority, for support for an application for tax increment financing (TIF) for two projects in Kinetic Park. Mr. Toney further stated the two projects were the Velocity Center and a hotel, restaurant and conference center project. Mr. Toney went on to say that the City of Huntington would be the entity that would apply for the TIF Funds.

Nancy Cartmill, Commissioner, stated she would limit any support for the Velocity Center and she would not support a new hotel as the other two hotels, located in Kinetic Park, did not receive this kind of support. Commissioner Cartmill further stated the Commission had historically been opposed to TIF money going to the city.

Commissioner Cartmill asked Mr. Toney that since the city declared this a TIFF Project, and it was a City of Huntington project, would that money go to the Velocity Center and Mr. Toney replied yes it would.

W. Scott Bias, President, stated that it was his understanding this was separated into two TIF districts, with one district being the hotel/motel located on the lower portion and he was not sure how the TIF money would be used there. President Bias continued by saying the upper portion would be the Velocity Center, which was the actual agreement between the City of Huntington and HADCO and the money from that TIF District supports all the projects on the hill.

Mr. Toney stated it was all one TIF District then you break it down into TIF projects.

Commissioner Bailey asked if the Commission did not support this project was there a chance of the project failing and Mr. Toney replied yes there was.

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PAGE FIVE

President Bias stated the letter the Commission would be signing only supported the Velocity Center and did not include the hotel.

Robert L. Bailey, Commissioner, moved to approve an amendment to the letter of support to include both projects. W. Scott Bias, President, seconded the motion and the vote was as follows:

W. Scott Bias, President aye

Robert L. Bailey, Commissioner aye

Nancy Cartmill, Commissioner nay

Robert L. Bailey, Commissioner, moved to approve the letter in its entirety. W. Scott Bias, President, seconded the motion and the vote was as follows:

W. Scott Bias, President aye

Robert L. Bailey, Commissioner aye

Nancy Cartmill, Commissioner nay

#015 MOUNTAIN STATE BLUE CROSS BLUE SHIELD 2006

RENEWAL

RE: THIRD PARTY ADMINISTRATOR

SPECIFIC STOP LOSS COVERAGE

Nancy Cartmill, Commissioner, moved to approve the renewal from Mountain State Blue Cross Blue Shield for 2006. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#016 LETTER, RESOLUTION AND GRANT APPLICATION

RE: FY 2006 LEGISLATIVE DIGEST GRANT

LITTLE VICTORIES ANIMAL RESCUE GROUP

$11,000.00/PROJECT #06CPGP0083

Connie Gray, Administrator of Grants, Planning and Permits, explained the funds from this grant would be used toward the purchase of land and site preparation for the Little Victories Animal Rescue Group.

Robert L. Bailey, Commissioner, moved to approve the grant application, in the amount of $11,000.00, for Little Victories Animal Rescue Group. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

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PAGE SIX

#017 LETTER, RESOLUTION AND GRANT APPLICATION

RE: FIRST STAGE CHILDREN’S THEATRE COMPANY

$1,000.00/PROJECT #06LEDA0133

Mrs. Gray stated the funds from this grant would be used for the construction of set materials, costuming and other miscellaneous expenses related to the spring production of “Les Miserables.”

Robert L. Bailey, Commissioner, moved to approve the grant application, in the amount of $1,000.00, for First Stage Children’s Theatre Company. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#018 LETTER, RESOLUTION AND GRANT APPLICATION

RE: FY 2006 LEGISLATIVE DIGEST GRANT

VINSON LITTLE LEAGUE, INC.

$5,000.00/PROJECT #06CPGP0136

Mrs. Gray stated the funds from this grant would be used to make repairs to their league facilities and to purchase the necessary sports equipment.

Nancy Cartmill, Commissioner moved to approve the grant application, in the amount of $5,000.00, for Vinson Little League, Inc. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#019 DISCUSSION/ACTION

RE: NATIONAL ASSOCIATION OF COUNTIES

PRESCRIPTION DRUG CARD AND NACO

MEMBERSHIP

Chris Tatum, Assistant County Manager, stated this drug discount program could provide savings to Cabell County residents, however, the Commission would need to join the National Association of Counties in order to take advantage of this program. Mr. Tatum went on to say that several pharmacies in Cabell County participate in the Caremark program.

Robert L. Bailey, Commissioner, moved to join the National Association of Counties, if the cost was not over $2,000.00. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

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PAGE SEVEN

#020 DISCUSSION/ACTION

RE: SUPREME COURT RULE 45.1 REARDING PROCESSING

OF ORDERS FOR TRANSFER OF CUSTODY OF

INMATES TO STATE CORRECTIONS

W. Scott Bias, President, stated this letter was in support of a court rule that would expedite paperwork of people who are incarnated.

Robert L. Bailey, Commissioner, moved to approve a letter of support to the West Virginia Supreme Court of Appeals to expedite the paper work. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#021 RESOLUTION, GENERAL FUND STATE BUDGET

REVISION #8, FY 2005-2006

Nancy Cartmill, Commissioner, moved to approve General Fund State Budget Revision #8. Robert L, Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#022 RESOLUTION, GENERAL FUND COUNTY BUDGET

REVISION #3, FY 2005-2006

Robert L. Bailey, Commissioner, moved to approve General Fund County Budget Revision #3. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

#023 NOMINATION AND ELECTION OF PRESIDENT PRO TEM

OF COUNTY COMMISSION FOR THE YEAR 2006

W. Scott Bias, President, moved to nominate Robert L. Bailey, as President Pro Tem, of the County Commission for the year 2006. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#024 DISCUSSION/ACTION/EXCESS LEVIES

REMOVED

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PAGE EIGHT

PLACE ON RECORD

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Cabell-Huntington Convention & Visitors Bureau Board of Directors Meeting, August 16, 2005; Cabell-Huntington Convention & Visitors Bureau Board of Directors Meeting, January 5, 2006; Culloden Public Service, Special Meeting, November 9, 200; Culloden Public Service District, Regular Meeting, November 16, 2005; Culloden Public Service District, Special Meeting, November 24, 200; Culloden Public Service District, Special Meeting, November 29, 2005; Greater Kanawha RC&D Board of Directors Meeting, December 21, 2005; Pea Ridge Public Service District, Regular Meeting, December 12, 2005; Salt Rock Water Public Service District, Regular Meeting, December 6, 2005 and OTHER DOCUMENTATION TO BE RECORDED: Cabell Huntington Health Department, Environmental Health Combined Narratives, September, 2005, October, 2005 and November, 2005; Cabell Huntington Health Department, Monthly Reports-Clinic, September, 2005, October, 2005 and November, 2005; The Bank of New York Various Trust Account Information, December 31, 2005. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Chris Tatum, Assistant County Manager, informed the Commission there would be an advertisement soon for an architect regarding the new E-911 Center.

Mr. Tatum stated that the Health Department had been asked to come and look at the snack bar to see what updates needed to be done. Mr. Tatum further stated there had not been any proposals from non-profit organizations to run the snack bar, therefore, the Commission may have to run it themselves.

President Bias stated there would be a special meeting next week concerning the special levies.

Nancy Cartmill, Commissioner, moved to go into executive session to discuss the jail suit with the county attorney. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

The Commission went into executive session at 11:02 a.m.

The County Commission came back into regular session at 11:25 a.m., with no action taken.

W. Scott Bias, President, adjourned the meeting at 11:26 a.m., until the next regular scheduled meeting on Thursday, February 9, 2006, at 10:00 a.m.

__________________________________________________

PRESIDENT, COUNTY COMMISSION

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