COMMISSION MEETING

COMMISSION MEETING

THURSDAY, APRIL 6, 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 that an emergency item needed to be added to the agenda regarding a “Public Hearing” for the Edward Byrne Grant pertaining to the proposed expenditure of funds.

Nancy Cartmill, Commissioner, moved to amend the agenda to include the “Public Hearing” and to approve the agenda as amended. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, moved to approve purchase orders #4962 A through #5145 A and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the minutes of the March 23, 2006, regular Commission meeting, erroneous assessments, land consolidations, split tickets and probate documentation. Robert L. Bailey, Commissioner, seconded the motion.

Stephen Zoeller, County Manager, requested that the minutes be amended regarding the comments he made concerning the salary funds for the 2006-2007 budget. Mr. Zoeller stated the minutes should reflect that the salaries were temporarily placed in accounts 401 and 442.

Robert L. Bailey, Commissioner, moved to approve the amendment to the March 23, 2006 minutes regarding the placement of salaries in accounts 401 and 442. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

President Bias called for question on the original motion to approve the minutes 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. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, APRIL 6, 2006

PAGE TWO

“PUBLIC HEARING” PERTAINING TO EXPENDITURE OF GRANT FUNDS

IN THE AMOUNT OF $41,603.00, FROM THE EDWARD

BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT

(JAG) PRGRAM

Connie Gray, Administrator of Grants, Planning and Permits, informed the Commission that this grant would be shared with the City of Huntington. Mrs. Gray stated the City of Huntington would use their share of the funds for overtime for community policing services in order to continue the Neighborhood Safety Awareness Program. Mrs. Gray further stated the Sheriff’s Department would purchase equipment with their share of grant funds.

President Bias asked if there were anyone in the audience who wished to speak for or against the grant expenditures and there were no opposition to the proposed expenditures.

President Bias stated that since no one was present to speak, the Public Hearing was closed.

#091 APPEARING, KAREN COLE, COUNTY CLERK

RE: PRIMARY ELECTION ON MAY 9, 2006

Karen Cole, County Clerk, stated she would like to make the Commission aware of some problems with the election process. Mrs. Cole stated that it was unlikely there would be a public test of the voting equipment for the early voting period which would start April 19^th, due to her office not receiving the correct electronic ballots. Mrs. Cole further stated that the situation was not only in Cabell County but state wide.

Mrs. Cole gave the Commission a fax from the Secretary of State where it was recommended that each county discuss with their attorney a contingency plan if the equipment was not delivered in time for testing.

Mrs. Cole stated she was very concerned about these problems because by this time her office would have completed the testing for all of the equipment and it would be ready for voting. Mrs. Cole went on to say that she was concerned about the overtime these problems would cause and she may not have enough funds in her budget.

Mrs. Cole went over other issues this delay would cause and it was decided that the County Manager and the County Clerk would write a letter stating their concerns to the Secretary of State if necessary.

THURSDAY, APRIL 6, 2006

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#092 RESOLUTION, CABELL COUNTY COMMISSION

RE: RELEASE OF COLLATERAL BONDS BY

FIRST SENTRY

Nancy Cartmill, Commissioner, moved to approve the release of Collateral Bonds by First Sentry Bank. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#093 PROCLAMATION, CABELL COUNTY COMMISSION

RE: NATIONAL TELECOMMUNICATOR’S WEEK

APRIL 10-14, 2006

Mike Davis, E-911 Director, informed the Commission that this proclamation was to honor the men and women who serve as public safety telecommunicators. Mr. Davis went on to say the E-911 center handled over 289,000 emergency and non-emergency calls for 2005.

W. Scott Bias, President, presented Natalie McComas with the Dispatcher of the Year Award.

Robert L. Bailey, Commissioner, moved to adopt the Proclamation “Declaring April 10-14, 2006, as National Telecommunicator’s Week in Cabell County.” Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#094 PROLAMATION, CABELL COUNTY COMMISSION

RE: NATIONAL SEXUAL ASSAULT AWARENESS

MONTH – APRIL 2006

Robert L. Bailey, Commissioner, moved to adopt the Proclamation “Establishing April 10, 2006, as Regional Awareness Day.” Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#095 AGREEMENT, CABELL COUNTY COURTHOUSE

RE: USE OF COURTHOUSE GROUNDS PERMIT

CONTACT – REGIONAL AWARENESS DAY

APRIL 10, 2006

Nancy Cartmill, Commissioner, moved to approve use of the Courthouse grounds for Contact for “National Sexual Abuse Awareness Month” on April 10, 2006. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Todd Jones, Contact Program Coordinator, appeared before the Commission to thank them for their support.

THURSDAY, APRIL 6, 2006

PAGE FOUR

#096 RESOLUTION, CABELL COUNTY COMMISSION

RE: REAPPOINTMENT

Nancy Cartmill, Commissioner, moved to reappoint Robert L. Bailey as a member of the Tri-State Transit Authority Board of Directors, for a term beginning immediately and ending April 3, 2009. W. Scott Bias, President, seconded the motion and the vote was unanimous. Exhibit (D)

#097 LETTER, RESOLUTION AND GRANT CONTRACT

RE: FY 2006 GOVERNOR’S COMMUNITY

PARTNERSHIP GRANT PROGRAM – PROJECT

NUMBER 06CPPPGP0007 - BEVERLY HILLS

YOUTH FOOTBALL LEAGUE - $9,000.00

Connie Gray, Administrator of Grant, Planning and Permits, explained to the Commission the league would like to purchase football equipment with grant funds.

Robert L. Bailey, Commissioner, moved to approve the signing of a contract for grant funds, in the amount of $9,000.00, for the Beverly Hills Youth Football League. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#098 LETTER, RESOLUTION AND GRANT APPLICATION

RE: JUVENILE PROSECUTOR FY 2006/2007

JUVENILE ACCOUNTABILITY BLOCK GRANT

PROGRAM

Mrs. Gray informed the Commission that funds from this grant would be used for the continued employment of a full time Juvenile Prosecutor.

Nancy Cartmill, Commissioner, moved to approve the resolution authorizing the filing of a grant application, for funds in the amount of $42,500.00, for a Juvenile Prosecutor. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#099 DISCUSSUOIN/ACTION:

RE: COMPLIANCE OFFICER FOR BUILDING PERMITS

Stephen Zoeller, County Manager, stated the Commission received a letter from the Planning Commission regarding the possibility of hiring a part time compliance officer. Mr. Zoeller further stated that he and Connie Gray, Administrator of Grants, Planning and Permits, had discussed this issue and decided more information was needed before making a recommendation to the Commission.

THURSDAY, APRIL 6, 2006

PAGE FIVE

#100 DISCUSSION/ACTION:

RE: ARCHITECTURAL CONTRACT FOR E-911 CENTER

Mike Davis, E-911 Director, stated that he and his staff had been in negotiations with L. Robert Kimball Associates regarding an architectural contract for the new E-911 Center. Mr. Davis further stated he was very pleased with this contract and believed that L. Robert Kimball would do an excellent job. Mr. Davis went over several areas of the contract with the Commission.

William Watson, County Attorney, informed Mr. Davis that on the initial conception agreement, where Mr. Davis was able to negotiate a reduction, the faxed agreement actually had thirty-five thousand dollars and in parenthesis was the amount of $15,000. Mr. Watson asked Mr. Davis to be sure and clarify the correct amount of $15,000 and Mr. Davis stated he make sure the contract was correct..

Nancy Cartmill, Commissioner, moved to approve the contract with L. Robert Kimball and Associates for the new E-911 Center. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#101 RESOLUTION, CABELL COUNTY COMMISSION

RE: AMENDMENT TO THE NOISE CONTROL

ORDINANCE FOR CABELL COUNTY

Stephen Zoeller, County Manager, stated the staff and the County Attorney worked on the noise ordinance amendment which they hoped would address most of the concerns. Mr. Zoeller further stated the staff had worked on a waiver procedure.

William Watson, County Attorney, stated this was an attempt to address the concerns of the private owners and the business owners.

James Morris, Kilgore Creek, appeared before the Commission to ask about the procedure for a waiver.

President Bias stated he believed the County Manager or the Assistant County Manager would take care of this unless they believed the issue should come before the Commission.

Mr. Morris stated the motor cross track has been moved from Lee’s Creek to Kilgore Creek and he stated he could only imagine the noise that fifteen or twenty bikes would make and asked if the neighbors would have a say during the wavier process.

Mr. Zoeller stated that one of the provisions when applying for a waiver would be the neighbors must be notified of the request and be included in the process.

THURSDAY, APRIL 6, 2006

PAGE SIX

Shirley Hoffman, Cabell County resident, stated her mother’s property adjoined the Elkins property on Kilgore Creek and she was concerned about the noise in the area.

Mr. Morris stated he was concerned about a possible sanitary problem since there was not a sanitary system in the area and he also was concerned about the increase of traffic.

Gary Elkins, owner of the property, stated he changed the tract to Kilgore Creek thinking it would help the situation. Mr. Elkins further stated he wanted the tract for the children to keep them off the streets and out of trouble. Mr. Elkins went on to say he was willing to pay to have a decimal meter installed to check the noise level.

Bradley Browning, Lincoln County, stated Mr. Elkins was only doing this for his grandson and he was not receiving any money from the tract.

Commissioner Bailey stated he was still concerned about the motor cross tract not having any insurance.

After a lengthy discussion, W. Scott Bias, moved to approve the amended noise ordinance and designate the County Manager or the Assistant County Manager to take care of the waiver process unless they deemed it should be deferred to the Commission. Robert L. Bailey, Commissioner, seconded the motion.

There was a discussion on the process of the waivers whether the approval should be in a public meeting or just issued by the county manager.

After a discussion on the issue of insurance for a motor cross tract, Nancy Cartmill, Commissioner, moved to include in the noise amendment that an applicant must have insurance. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, President, asked for question on the motion to approve the amendment and the vote was unanimous. Exhibit (G)

#102 RESOLUTION, CABELL COUNTY COMMISSION

RE: ALLOCATE HOTEL OCCUPANCY TAX FUNDS TO

THE GREATER HUNTINGTON PARK AND

RECREATION DISTRICT

Robert L. Bailey, Commissioner, moved to approve the allocation of Hotel Occupancy Tax Funds to the Greater Huntington Park and Recreation, in the amount of $1,000.00, to help sponsor the Hershey Track and Field Meet. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

THURSDAY, APRIL 6, 2006

PAGE SEVEN

#103 RESOLUTION, CABELL COUNTY COMMISSION

RE: ALLOCATE HOTEL OCCUPANCY TAX FUNDS TO

HUNTINGTON HIGH SCHOOL

Robert L. Bailey, Commissioner, moved to approve the allocation of Hotel Occupancy Tax Funds to Huntington High School, in the amount of $1,642.00. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)

#104 RESOLUTION, GENERAL FUND, COUNTY

BUDGET REVISION #7

Robert L. Bailey, Commissioner, moved to approve General County Budget Revision #7 for fiscal Year 2005-2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (J)

Commissioner Bailey asked if there would be a proclamation concerning the Huntington High School Boys’ Basketball Team for winning the State Championship. President Bias informed Commissioner Bailey the proclamation would be done at a later date.

Commissioner Bailey stated he would like an article in the newspaper concerning the Victory Gardens.

Commissioner Cartmill asked if there had been a meeting with the towing companies regarding the guidelines. Mr. Zoeller, County Manager, stated that since the towing companies had raised concerns about one of the companies placed on rotation, the Sheriff’s Department was looking into the matter. Mr. Zoeller further stated this would be placed on a later agenda.

W. Scott Bias, President, adjourned the meeting at 11:40 a.m., until the next scheduled meeting on Thursday, April 20, 2006.

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PRESIDENT, COUNTY COMMISSION

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