COMMISSION MEETING

COMMISSION MEETING

THURSDAY, MARCH 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:

Stephen Zoeller, County Manager, stated an emergency item needed to be added to the agenda regarding the advertisement for bids for the new CCEMS station to be located on Gallaher Street.

Robert L. Bailey, Commissioner, moved to amend the agenda to include approving the advertisement for bids regarding the CCEMS station. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

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

Robert L. Bailey, Commissioner, moved to approve purchase orders #4646 A through #4961 A and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the minutes from the March 9, 2006 regular meeting of the Commission, 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 Company, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

CITIZENS TO SPEAK

Brian Paul, owner of Paul’s Garage and Wrecker Service, appeared before the Commission to request a meeting with the Commission and all the towing companies to establish guidelines for the towing of vehicles.

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PAGE TWO

Tom Canterbury, owner of A-1 Wrecker Service, stated he had the same concerns as Mr. Paul and he also would like a meeting to establish guidelines.

W. Scott Bias, President, suggested the towing companies that were on contract by the county, meet with the County Manager, Assistant County Manager, Director of E-911 and the Sheriff’s Chief Deputy to establish the guidelines and then bring the recommendations back to the Commission for approval.

#063 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE PUBLIC TEST OF EARLY

VOTING EQUIPMENT ON APRIL 12, 2006 AT 10:00 A.M.

Nancy Cartmill, Commissioner, moved to approve the testing of early voting equipment on April 12, 2006, at 10:00 a.m., in Room 108 of the Courthouse. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#064 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE PUBLIC TEST OF THE

ELECTION TABULATION EQUIPMENT ON TUESDAY,

MAY 2, 2006 AT 10:00 A.M.

Nancy Cartmill, Commissioner, moved to approve the testing of the tabulation equipment for the 2006 Primary Election on Tuesday, May 2, 2006, in Room 108 of the Courthouse. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#065 RESOUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF ADOPTING PRECINCT

LOCATION CHANGE FROM ST. PETER’S

CLAVER CHURCH TO SENIOR LIFE

ENRICHMENT CENTER

Robert L. Bailey, Commissioner, moved to approve the precinct location change of Precinct 16 from St. Peter Claver Church to the Senior Life Enrichment Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was as follows: Exhibit (C)

W. Scott Bias, President aye

Robert L. Bailey, Commissioner aye

Nancy Cartmill, commissioner nay

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PAGE THREE

#066 LETTER, OTTIE ADKINS, ASSESSOR

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Fred Wise as a part-time field investigator for the Assessor’s Office, effective March 27, 2006, with an annual salary of $7,927.92 per year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#067 DISCUSSION REGARDING MOTOR CROSS TRACK

William Watson, County Attorney, gave background information regarding the noise ordinance passed by the Commission at a previous meeting. Mr. Watson went on to say the ordinance was passed due to complaints from county residents regarding excessive noise infringing upon the rights of the residents.

Mr. Watson stated that the ordinance had provisions where waivers could be granted by the Commission in case a person or entity believed the ordinance was unreasonable for compliance.

Jennifer Rose, Ona Speedway owner, asked how this ordinance applied to her business and what would be the procedure for applying for a waiver.

W. Scott Bias, President, stated the procedure to apply for a waiver was not in place but the Commission would work on this issue soon and that Ms. Rose should send a letter to the Commission requesting a waiver. President Bias also informed Ms. Rose that the Commission had not received any complaints regarding the Ona Speedway.

Kenneth Sunderland, Lee Creek, stated he was very concerned about the motor cross track causing the property values to go down and that he also believed the noise level was dangerous.

Jesse Napier, Lee Creek, stated he lived near the track and he was also worried about a decrease in property values and the noise was so loud that it caused the windows in his home to shake.

Eric Deuemane, Motor Sports Council, stated he believed the motor cross track would spark industry in the area, however, he understood the concerns of the residents. Mr. Deuemane further stated he believed the track could mandate that a muffler be installed on the engines and a decimal meter could be placed at the track to check the noise level.

Bradley Browning stated he owned motor cross tracks in Lincoln County, Mason County and used the Pumpkin Park, and the motor cross was very family orientated. Mr. Browning further stated that they want to run only ten races a year with one practice session a week on the Lee Creek property.

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PAGE FOUR

Duane VanMeter, Lee Creek, stated the neighbors were very reasonable when the owners were cutting down the trees because they knew the noise would be temporary, however, now the track would be a business with continuous noise.

Bruce Bannerman, Lee Creek, stated he had lived with the interstate noise since the 1960’s but he believed the noise from the motor cross track was far worse.

Gary Elkins, Lee Creek, stated the track was for his grandson and other children to keep them off the street and out of trouble.

Commissioner Bailey asked Mr. Elkins if he had liability insurance and Mr. Elkins replied he did not but he would get insurance because it was worth it to see the kids enjoy the track.

Thomas Pye stated his son was fifteen and thinks the track was the greatest and looked forward to racing.

Jeff Smith, Culloden, stated he believed the county, with the crime rate up, did not have the deputies or the time to enforce the noise ordinance.

President Bias instructed the track owners to submit their letters for an application for waivers and the Commission would set up procedures for processing. President Bias also informed the audience that Cabell County did not have zoning, so it would be hard to tell the residents what they could or could not do with their property. President Bias further stated that it was not the intention of the Commission to stop children from participating in activities or to stop business, the Commission was only interested in protecting the rights of the county residents.

Gene Dodson, Lee Creek, asked about the dust from the track and Mr. Browning stated they would keep water on the track.

#068 AGREEMENT, CABELL COUNTY COMMISSION

RE: USE OF COURTHOUSE GROUNDS PERMIT

EASTER EGG HUNT – APRIL 15, 2006

1:00 P.M. TO 3:30 P.M.

Robert L. Bailey, Commissioner, moved to approve use of Courthouse grounds for an Easter Egg Hunt on April 15, 2006 from 1:00 p.m. to 3:30 p.m., by the River Cities Lighthouse Church. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

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PAGE FIVE

#069 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF AN ADVERTISEMENT FOR AN

INVITATION TO BID TO PROVIDE PROTECTIVE

GEAR FOR EMERGENCY MEDICAL SERVICE

PROVIDERS FOR CABELL COUNTY EMERGENCY

MEDICAL SERVICES

Robert L. Bailey, Commissioner, moved to approve the advertisement for bids for the provision of protective gear for emergency medical service for CCEMS. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#070 LETTER, A. GORDON MERRY, CCEMS DIRECTOR

RE: GRANT APPLICATION FOR THE WEST VIRGINIA

DIVISION OF HOMELAND SECURITY AND

EMERGENCY MANAGEMENT, 2006 EMERGENCY

MANAGEMENT PERFORMANCE GRANT

Nancy Cartmill, Commissioner, moved to approve the grant application for funds, in the amount of $82,086.00, from the West Virginia Department of Military Affairs, Division of Homeland Security and Emergency Management, to be used by CCEMS. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#071 RECOMMENDATIONS, FROM CABELL COUNTY’S E-911 COMMITTEE FOR CABELL COUNTY’S E-911 BUILDING

Mike Davis, E-911 Director, reported that the CCERC Building Project Committee had conducted interviews for a project architect for the new E-911 Center and the committee recommended that L. Robert Kimball & Associates, if contract negotiations were successful, be awarded the contract. Mr. Davis stated that if the contract with Kimball Associates was not successful then the Committee would award the project to Edward Tucker Architects, pending a successful contract negotiation.

Nancy Cartmill, Commissioner, moved to approve the CCERC Building Project Committee’s recommendation of L. Robert Kimball & Associates as the project architect for the new E-911 Center. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#072 LETTER, DONALD M. DAVIS, E-911 DIRECTOR

RE: PURCHASE OF A MAPPING AND ADDRESSING

VEHICLE ON STATE CONTRACT

THURSDAY, MARCH 23, 2006

PAGE SIX

Mike Davis, E-911 Director, stated he was requesting permission to purchase a new vehicle on state contract. Mr. Davis further stated that CCERC was currently using a 1985 military Blazer to investigate address changes in order to determine the proper numbering and to eliminate address duplication. Mr. Davis went on to say that the new vehicle would be used for mapping and addressing responsibilities, however, it also would be used to tow their mobile communications command post to disaster sites. Mr. Davis stated he had the funds for this vehicle in his current budget.

Nancy Cartmill, Commissioner, moved to approve the purchase of a vehicle from state contract for CCERC. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#073 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF ADOPTION OF A

PROCLAMATION DECLARING APRIL, 2006 AS

FAIR HOUSING MONTH IN CABELL COUNTY,

WEST VIRGINIA

Robert L. Bailey, Commissioner, moved to adoption the proclamation declaring April, 2006 as Fair Housing Month in Cabell County. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#074 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENT

Robert L. Bailey, Commissioner, moved to approve the appointment of Mary Neely as a member to the Cabell County Planning Commission, effective immediately and ending March 3, 2009. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#075 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: REAPPOINTMENTS

Robert L. Bailey, Commissioner, moved to approve the reappointments of David Thompson and James F. Roueche to the Cabell County Planning Commission, effective immediately and ending March 3, 2009. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

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PAGE SEVEN

#076 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE ADOPTION OF A

RESOLUTION TO APPROVE THE ASSIGNMENT

OF CHARTER COMMUNICATIONS CABLE

TELEVISION FRANCHISE TO CEBRIDGE

ACQUISITION CO., LLC

William Watson, County Attorney, gave the Commission background information regarding Charter Communications request for extension of their agreement with the County Commission, which was approved at an earlier meeting. Mr. Watson stated this resolution would allow Charter Communication to seek transfer of the franchise, but would not change the deadline on the previous agreement.

Nancy Cartmill, Commissioner, moved to approve the start of the process for Charter Communication to sell their franchise to Cebridge Acquisition Company. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)

#077 LETTER, RESOLUTION AND GRANT APPLICATION

RE: COURTHOUSE SECURITY GRANT APPLICATION

FY 2006/2007

Connie Gray, Administrator of Grants, Planning and Permits, stated this grant would secure the four courtrooms including the doors to the Circuit Judges Offices with card readers, installation of an aiphone system, card readers to the Circuit Clerk’s Office and the Probation Department and would also add cameras to the stairwells in the Courthouse.

Robert L. Bailey, Commissioner, moved to approve filing an application, in the amount of $121,395.00, for a Courthouse Security Grant. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (J)

#078 REESOLUTION, CABELL COUNTY COMMISSION

RE: ON LINE APPLICATION – JAG GRANT

FY 2006/2007 - $41,603.00

Mrs. Gray informed the Commission this grant would be shared with the City of Huntington’s Police Department. Mrs. Gray went on to say the Cabell County Sheriff’s Department would use the funds to purchase equipment and the Huntington Police Department would use their share of the funds to continue the Neighborhood Safety Awareness Program.

Nancy Cartmill, Commissioner, moved to approve the filing of an Edward Byrne Memorial Justice Assistance Grant, for funds in the amount of $41,603.00. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (K)

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PAGE EIGHT

#079 RESOLUTION, CABELL COUNTY COMMISSION

RE: NOTICE OF PUBLIC HEARING

JAG GRANT APPLICATION FY 2006/2007

EXPENDITURE OF FUNDS

Mrs. Gray explained that one stipulation of the Jag Grant was that a Public Hearing must be conducted to explain or hear comments pertaining to the expenditure of the funds from the grant.

Robert L. Bailey, Commissioner, moved to approve authorizing the publication of a Public Hearing pertaining to proposed expenditure of funds, in the amount of $41,603.00, from the Edward Byrne Memorial Justice Assistance Grant (JAG). Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (L)

#080 MEMORANDUM OF UNDERSTANDING, CABELL COUNTY

COMMISSION AND THE CITY OF HUNTINGTON

RE: JAG GRANT FUNDS - $41,603.00

Nancy Cartmill, Commissioner, moved to approve the memorandum of understanding between the Cabell County Commission and the City of Huntington regarding the 2006 Byrne Justice Assistance Grant (JAG) Program Award. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#081 RESOLUTION, CABELL COUNTY COMMISSION

RE: DAY REPORT CENTER GRANT APPLICATION

Mrs. Gray explained this grant would be for the continuation of the Day Report Center.

Robert L. Bailey, Commissioner, moved to approve the filing of an application for grant funds, in the amount of $159,230.00, through the Department of Military Affairs and Public Safety Division of Criminal Justice Services, for the Day Report Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (M)

#082 LETTER, RESOLUTION AND GRANT CONTRACT

RE: FY 2006 LEGISLATIVE DIGEST LOCAL

ECONOMIC DEVELOPMENT ASSISTANCE GRANT

PROGRAM CONTRACT – CULLODEN VOLUNTEER

FIRE DEPARTMENT

THURSDAY, MARCH 23, 2006

PAGE NINE

Mrs. Gray stated the funds from this grant would be used to purchase a 2005 Dodge Durango through state contract for the Culloden Fire Department.

Nancy Cartmill, Commissioner, moved to approve the grant, in the amount of $15,000.00, for the Culloden Volunteer Fire Department to purchase a 2005 Dodge Durango. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Exhibit (N)

#083 DISCUSSION/ACTION

RE: INCREASE IN BUILDING REGISTRATION

CERTIFICATE FEES AND FLOODPLAIN PERMITS

FEES WITH POSSIBILITY OF INSPECTOR

Connie Gray, Administrator of Grants, Planning and Permits, stated that since it was mandatory that county residents apply for building registration certificates and floodplain permits and after discussions with the Assessor’s Office, she believed the county was only receiving 35% to 40 % of the permits for construction in the county. Mrs. Gray presented the Commission with reports regarding the increase of permits for several years.

Mrs. Gray stated that the Cabell County Planning Commission would meet Friday, March 24, 2006, and they would discuss the possibility of increased fees for the Commission to consider.

Robert L. Bailey, Commissioner, asked Mrs. Gray about the possibility of an inspector.

Mrs. Gray replied that several county residents had inquired about an inspector since the county mandated permits. Mrs. Gray went on to say that if the fees were increased it would pay for a part time inspector. Mrs. Gray stated that banks were requesting certificates of compliance, to which the county could not comply without having a Compliance Officer.

#084 DISCUSSION

RE: FUNDING FOR FIRE HYDRANT ON BARKERS RIDGE

Chris Tatum, Assistant County Manager for Personnel and Purchasing, stated the neighbors on Barker’s Ridge were committing $100.00 per household, the church was committing $300.00 and the county would match $1,291.00, for a total of $2,500.00 for the installation of a fire hydrant. Mr. Tatum informed the Commission the approval of this project would be in the budget revision.

THURSDAY, MARCH 23, 2006

PAGE TEN

#085 LETTER, CABELL COUNTY COMMISSION

RE: CHANGE OF SCOPE FOR SENIOR LEVY

CONTRIBUTION GREENBOTTOM COMMUNITTY

AND SENIOR CENTER

Stephen Zoeller, County Manager, stated the Greenbottom Community and Senior Center was requesting permission to purchase office supplies from the Senior Levy Fund. Mr. Zoeller informed the Commission the funds from the levy, had been designated for the purchase of kitchen equipment, however, the Center had received funding from another source and those funds had been used for the kitchen equipment.

Robert L. Bailey, Commissioner, moved to approve a change of scope for the Senior Levy Contribution to the Greenbottom Community and Senior Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#086 RESOLUTION, GENERAL FUND STATE BUDGET

REVISION #9, FY 2005/2006

Robert L. Bailey, Commissioner, moved to approve the General Fund State Budget Revision #9. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (O)

#087 RESOLUTION, GENERAL FUND COUNTY BUDGET

REVISION #6, FY 2005/2006

Nancy Cartmill, Commissioner, moved to approve General Fund County Budget Revision #6. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (P)

#090 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF AN ADVERTISEMENMT FOR AN

INVITATION TO BID TO PROVIDE ALL WORK FOR

THE CONSTRUCTION OF THE NEW EMS STATION

FOR THE CABELL COUNTY COMMISSION LOCATED

ON NORWAY AVENUE AND GALLAHER STREET,

HUNTINGTON, WEST VIRGINIA

Nancy Cartmill, Commissioner, moved to approve advertising for bids for the new EMS Station to be located on Norway Avenue and Gallaher Street. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (Q)

#088 DISCUSSION/ACTION

RE: PERSONNEL MATTER

THURSDAY, MARCH 23, 2006

PAGE ELEVEN

Nancy Cartmill, Commissioner, moved to go into executive session to discuss a personnel matter. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

The commission went into executive session at 11:25 a.m.

The Commissioner went back into regular session at 11:45 a.m. with no action taken.

Robert L. Bailey, Commissioner, moved to terminate Brian O’Neill, Director of Data Processing, and to give six weeks severance pay. 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

#089 DISCUSSION/ACTION

RE: 2006/2007 GENERAL COUNTY FUND BUDGET AND

COAL SEVERANCE BUDGET

Stephen Zoeller, County Manager, stated that he had made changes to the budget that the Commission had requested and made a few minor changes as noted. Mr. Zoeller informed the Commission he had backed out the 5% salary increases for county employees, put in place salary increases for elected officials, and backed out funds for the Prosecuting Attorney’s grants for a total of $405,170 and had placed this amount in County Commission line 401.66 for consideration or action at a later date.

Commissioner Cartmill stated she would not support a budget that takes carry-over money to use for an ongoing expense. Commissioner Cartmill further stated she also had trouble with Coal Severance money being spent for ongoing expenses.

Robert L. Bailey, Commissioner, moved to approve the 2006/2007 General County Fund Budget and Coal Severance Budget. 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

THURSDAY, MARCH 23, 2006

PAGE TWELVE

PLACE ON RECORD:

Robert L. Bailey, Commissioner, moved to place on record minutes from the Huntington-Cabell-Wayne Animal Control Center, January 9, 2006; Pea Ridge PSD, Regular Meeting, February 13, 2006, Pea Ridge PSD, Special Meeting, March 10, 2006; Salt Rock Water PSD, Special Meeting, February 14, 2006; Tri-State Airport Authority, Regular Meeting, January 19, 2006; OTHER DOCUMENTATION TO BE RECORDED: The Bank of New York-Various Accounts, February, 2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, President, adjourned the meeting at 12:05 p.m., until the next scheduled meeting on Thursday, April 6, 2006, at 10:00 a.m.

_________________________________________

PRESIDENT, COUNTY COMMISSION

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