COMMISSION MEETING

COMMISSION MEETING

THURSDAY, FEBRUARY 23, 2006

PRESENT: W. SCOTT BIAS, PRESIDENT

ROBERT L. BAILEY, COMMISSIONER

NANCY CARTMILL, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

STEPHEN ZOELLER, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLES AND PAYABLES

CHRIS TATUM, ASSISTANT COUNTY MANAGER

FOR PERSONNEL AND PURCHASING

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

APPROVE:

William Watson, County Attorney, stated that in the last meeting the Commission agreed to hear a petition regarding the Estate of David Alan Bailey. Mr. Watson further stated this would be considered an emergency item and he would recommend placing this on the agenda.

Nancy Cartmill, Commissioner, moved to amend the agenda to include the emergency item regarding the Estate of David Alan Bailey. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, moved to approve the agenda as amended. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve purchase orders #4099 A through #4401 A and pay jackets. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the minutes from the February 9, 2006, regular meeting, minutes from the Board of Equalization and Review, January 31, 2006 to February 21, 2006, erroneous assessments, land consolidation, 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 Company and Fort Dearborn Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 23, 2006

PAGE TWO

#037 LETTER, ADELL CHANDLER, CABELL COUNTY

CIRCUIT CLERK

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Crystal D. Chapman as Deputy Circuit Clerk, effective March 20, 2006, with a rate of pay of $18,460.00 per year. Nancy Cartmill, Commissioner seconded the motion and the vote was unanimous.

#038 RESOLUTION, CABELL COUNTY COMMISSION

APPEARING: KAREN COLE, CABELL COUNTY CLERK

RE: PRECINCT LOCATION CHANGE

Glenn Smith, county resident, stated he was appearing in support of moving Precinct #16 from St. Peter Claver Church to the Senior Life Enrichment Center. Mr. Smith went on to say that the center would be easier access for voters who walk and the parking at the center would be better.

Karen Cole, County Clerk, stated that St. Peter Claver Church was the only facility available to use as a polling place at the time it was moved from Ebenezer Outreach Center. Mrs. Cole went on to say the after the center was built, the plan had been to move the precinct from St. Peter Claver Church to the Senior Life Enrichment Center, however, due to the Board of Education’s Special Election the move could not be completed before the deadline to move a precinct before an election.

W. Scott Bias, President, stated he was concerned about moving the precinct at this time because Marie Redd was a candidate in the Primary Election and if Mrs. Redd should win the election, someone might challenge the election due to the building being named for Mrs. Redd.

Robert L. Bailey, Commissioner, stated he believed the signs that have Ms. Redd’s name on them could be covered on Election Day.

Nancy Cartmill, Commissioner, stated she believed covering the signs would cause more attention, therefore, the precinct should stay at St. Peter Claver Church until after the election and the precinct could be moved at a later date.

Nancy Cartmill, Commissioner, moved to leave the precinct at St. Peter Claver Church and revisit the precinct change after the election. Motion died for lack of second.

William Watson, County Attorney, asked Karen Cole, County Clerk, if she had discussed this matter with the Secretary of State.

THURSDAY, FEBRUARY 23, 2006

PAGE THREE

Mrs. Cole stated she had discussed this issue with the Secretary of State’s Office and they told Mrs. Cole that in their view, the change was legal.

Robert L. Bailey, Commissioner, moved to change Precinct #16 from St. Peter Claver Church to the Senior Life Enrichment Center and to cover all signs, inside and outside, that have the candidate’s name on them. W. Scott Bias, President, seconded the motion and the vote was as follows: Exhibit (A)

W. Scott Bias, President aye

Robert L. Bailey, Commissioner aye

Nancy Cartmill, Commissioner nay

#039 RESOLUTION, CABELL COUNTY COMMISSION

RE: FIRST SENTRY BANK – PLEDGING

Of COLLATERAL BONDS

Robert L. Bailey, Commissioner, moved to approve the pledging of collateral bonds from First Sentry Bank. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#040 RESOLUTION, CABELL COUNTY COMMISSION

RE: GUARANTY BANK & TRUST COMPANY

RENEWAL LETTER OF CREDIT

Nancy Cartmill, Commissioner, moved to approve the renewal Letter of Credit from Guaranty Bank & Trust. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#041 LETTER, KIM WOLFE, CABELL COUNTY SHERIFF

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Paul Fields as a full-time Deputy, effective February 24, 2006, with a rate of pay of $24,057.84 per year; the employment of Jared Cremeans as Courthouse Security Guard, effective February 24, 2006, with a rate of pay of $10.00 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#042 APPEARING, SCOTT E. MCCLURE, ATTORNEY

CITY OF HUNTINGTON

RE: ANNEXATION WITHOUT ELECTION – GUYANDOTTE

DISTRICT 5.1 ACRES BORDERING SENECA WOODS

SUBDIVISION

THURSDAY, FEBRUARY 23, 2006

PAGE FOUR

Scott McClung, Attorney for the City of Huntington, appeared before the Commission to request approval for the annexation of 5.1 acres bordering Seneca Woods. Mr. McClung provided the Commission with signed affidavits from property owners requesting the annexation and affidavits from the City of Huntington with their approval.

William Watson, County Attorney, stated he had reviewed the petition and found it to be in order and he would recommend the Commission approve the annexation.

Robert L. Bailey, Commissioner, moved to adopt the order to annex 5.1 acres bordering the Seneca Woods Subdivision. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

EMERGENCY ITEM – PAUL RYKER, ATTORNEY

RE: ESTATE OF DAVID ALAN BAILEY

Paul Ryker, Attorney for Justin Bailey, stated that at the last meeting he had informed the Commission that Ms. Jeffrey Lynn Bailey, Executrix of David Alan Bailey’s estate, had failed to submit an accurate appraisement or accounting of Mr. Bailey’s assets in a timely manner. Mr. Ryker further stated he had sent certified letters to all parties involved in the estate concerning the hearing today and had not received a reply from anyone involved in the matter.

Mr. Ryker stated that at this time he was requesting the Commission remove Ms. Jeffrey Lynn Bailey as the Executrix of the Estate of David Alan Bailey and appoint Justin Bailey as the Administrator of said estate.

W. Scott Bias, President, asked if anyone in the audience would like to speak on this matter and no one was present.

Robert L. Bailey, Commissioner, moved to approve the order to remove Ms. Jeffrey Lynn Bailey as the Executrix of the Estate of David Alan Bailey and to appoint Justin Bailey as the Administrator of the Estate of David Alan Bailey. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#043 RESOLUTION, CABELL COUTNY COMMISSION

RE: EMPLOYMENT - E-911

Nancy Cartmill, Commissioner, moved to approve the employment of Stacee Nicole Lawson as a full-time Telecommunicator/Dispatcher for E-911, effective March 1, 2006, with a rate of pay of $9.64 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 23, 2006

PAGE FIVE

#044 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT - CCEMS

Robert L. Bailey, Commissioner, moved to approve the employment of David N. Jones as a full-time Paramedic, effective February 24, 2006, with a rate of pay of $8.71 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#045 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: EMPLOYMENT - CCEMS

Nancy Cartmill, Commissioner, moved to approve the employment of Donald Anthony Gygi, James Michael McQuaid, Trenten Edward Damron, Shane Travis Skeens, Jeffrey Allen Holley and Cora Beth Chapman as per diem EMTs, effective February 24, 2006, with a rate of pay of $6.62 per hour and the employment of John Stewart Howell as per diem Paramedic, effective February 24, 2006, with a rate of pay of $8.71 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Gordon Merry, CCEMS Director, informed the Commission that he had met with the Zoning Board regarding the new CCEMS Station in Gallaher Village and he was very pleased with the outcome.

Mr. Merry stated the time for the ground breaking ceremony for the new station would need to be changed and asked the Commission if 2:00 p.m. would be a better time. The Commission agreed on the time of 2:00 p.m.

#046 LETTER, RESOLUTION, GRANT APPLICATION

RE: PROSECUTING ATTORNEY’S OFFICE

VICTIM ASSISTANCE GRANT RENEWAL

FY 2006/2007 - $76,030.00

Connie Gray, Administrator of Grants, Planning and Permits, stated the funds from this grant provided for the employment of three full-time Victim Advocates in the Prosecuting Attorney’s Office.

Robert L. Bailey, Commissioner, moved to approve the filing of an application for a Victim of Crime Act Assistance Grant, through the Division of Criminal Justice Services, for funding the employment of three full-time employees for the Prosecuting Attorney’s Office. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

THURSDAY, FEBRUARY 23, 2006

PAGE SIX

#047 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: ORDER TO AMEND THE RESOLUTION FOR TOWING

SERVICES TO INCLUDE THE FOLLOWING:

JOHNNY’S AUTO RECOVERY, LLC

P. O. BOX 1173

BARBOURSVILLE, WV. 22504

REYBURN’S AUTO SERVICE, INC.

413 3^RD AVENUE

HUNTINGTON, WV 25701

Stephen Zoeller, County Manager, stated the Commission had previously passed an order establishing a towing policy for emergency towing in Cabell County. Mr. Zoeller went on to say there was a request to amend the resolution to include two more towing companies. Mr. Zoeller informed the Commission that a letter was received from the Huntington Police Department requesting that Johnny’s Auto Recovery be placed in rotation, however, there was not a letter requesting Reyburn’s Auto Recovery be placed in rotation.

W. Scott Bias, President, asked Chief Sheriff’s Deputy, Jim Schiedler, if the sheriff’s Department had a problem with Reyburn’s Auto and Mr. Schiedler replied he did not think there would be any opposition.

William Watson, County Attorney, asked Mr. Schiedler to submit a letter of approval for the record and Mr. Schiedler stated he would submit the letter.

Robert L. Bailey, Commissioner, moved to approve the amendment to the resolution establishing the dispatching of towing services to include Johnny’s Auto Recovery and Reyburn’s Auto Service. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#048 LETTER, OFFICE OF THE SECRETARY OF STATE

RE: APPLICATION FOR LOAN REPAYMENT

EXTENSION FOR VOTING MACHINE EQUIPMENT

Stephen Zoeller, County Manager, informed the Commission this was a just a formality regarding the verbal agreement with the Secretary of State for the purchase of voting equipment. Mr. Zoeller stated the Secretary of State needed the agreement in writing.

Nancy Cartmill, Commissioner, moved to approve for the President of the County Commission to sign an application for a loan repayment extension with the Secretary of State’s Office. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 23, 2006

PAGE SEVEN

#049 LETTER, CABELL COUNTY COMMISSION

RE: SUPPORT OF TRI-STATE FIRE ACADEMY

Nancy Cartmill, Commissioner, moved to approve the letter to the West Virginia State Agency for Surplus Property on behalf of the Tri-State Fire Academy. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Jerry Beckett, Director of the Tri-State Fire Academy, thanked the Commission for their support.

#050 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE ADOPTION OF A NOISE

CONTROL ORDINANCE FOR CABELL COUNTY,

WEST VIRGINIA

William Watson, County Attorney, explained that this resolution was designed to control noises and would also allow the Sheriff’s Department to be the enforcing agency. Mr. Watson went on to say this resolution provides penalties for violations.

Robert L. Bailey, Commissioner, moved to adopt a noise control ordinance for Cabell County. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#051 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE CABELL COUNTY

COMMISSION SITTING AS A BOARD OF

EQUALIZATION AND REVIEW, JANUARY 31-

FEBRUARY 17, 2006

Robert L. Bailey, Commissioner, moved to approve the minutes in the matter of the Cabell County Commission sitting as a Board of Equalization and Review January 31, 2006 through February 17, 2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

THURSDAY, FEBRUARY 23, 2006

PAGE EIGHT

PLACE ON RECORD

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Culloden PSD, Special Meeting, December 7, 2005, Culloden PSD, Regular Meeting, December 21, 2005, Culloden PSD, Special Meeting, January 4, 2006, Culloden PSD, Regular Meeting, January 18, 2006, Culloden PSD, Special Meeting, January 30, 2006; Great Kanawha RC&D, Regular Meeting, January 18, 2006; Pea Ridge PSD, Regular Meeting, January 9, 2006, Pea Ridge PSD, Special Meeting, February 6, 2006; Salt Rock Water PSD, Special Meeting, January 10, 2006; Tri-State Airport Authority, Regular Meeting, December 15, 2006 OTHER DOCUMENTS TO BE RECORDED: Milton Volunteer Fire Department, Compliance Audit, July 1, 2004 to June 30, 2006; Bank of New York, Various Accounts, January 2006 and BB&T, Various Accounts, August 1, 2005 to January 31, 2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to correct the minutes of the Board of Equalization and Review on page ten where Commissioner Bailey moved to lower the appraised value of The Woodlands Retirement Center and Commissioner Cartmill seconded the motion, to reflect that President Bias had seconded that motion instead of Commissioner Cartmill. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

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

_________________________________________

PRESIDENT, COUNTY COMMISSION

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