COMMISSION MEETING

COMMISSION MEETING

THURSDAY, JUNE 1, 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:

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

Robert L. Bailey, Commissioner, moved to approve purchase orders #5979 A through #6259 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 April 18, 2006, Special Commission Meeting, the April 20, 2006 Regular Commission Meeting and the May 4, 2006 Regular Commission Meeting. 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.

Nancy Cartmill, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield 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.

#152 PROCLAMATION, CABELL COUNTY COMMISSION

RE: HONORING THE CABELL MIDLAND LADY KNIGHT’S

TRACK AND FIELD TEAM FOR WINNING THE 2006

CHAMPIONSHIP AND DECLARING JUNE 1, 2006,

AS “LADY KNIGHT’S DAY” IN CABELL COUNTY

Robert L. Bailey, Commissioner, moved to adopt the proclamation “Declaring June 1, 2006, as Lady Knights Day in Cabell County.” Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

THURSDAY, JUNE 1, 2006

PAGE TWO

CITIZENS REGISTERED TO SPEAK

Elenda Ward, Board of Education, appeared before the Commission to request that one of the confiscated cars, by the Sheriff’s Department, be given to the Stay in School Program. Ms. Ward stated the car would be auctioned-off with the funds being used to pass information out on the resources available for students.

W. Scott Bias, President, stated the Commission would take this under consideration.

Ray Browning, President of Walnut Hills Association, stated that Chris Tatum did an excellent job on explaining to the residents about the Drug Card the county was issuing to county residents.

#153 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE RELEASE OF COLLATERAL

BONDS BY FIRST SENTRY BANK

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 (B)

#154 APPEARING, KIM WOLFE, SHERIFF

RE: APPROVAL/ACCEPTANCE OF 2005 DELINQUENT

TAX LIST

Robert L. Bailey, Commissioner, moved to approve acceptance of the 2005 Delinquent Tax List from the Sheriff. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#155 LETTER, KIM WOLFE, SHERIFF

RE: EMPLOYMENT

James Schiedler, Chief Sheriff’s Deputy, stated that this employee would work at the field office, in a civilian capacity, for the summer.

Robert L. Bailey, Commissioner, moved to approve the employment of Stewart Swope, effective June 2, 2006, as a summer intern for the months of June, July and August. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JUNE 1, 2006

PAGE THREE

#169 REQUEST FOR PURCHASE OF LAW ENFORCEMENT

VEHICLE

Stephen Zoeller, County Manager, explained the county budget revision to the Commission which would allow the Sheriff to purchase a new vehicle.

Robert L. Bailey, Commissioner, moved to approve the Sheriff’s request for a budget revision in order to purchase a Crown Victoria. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#156 LETTER, CHRISTOPHER CHILES,

PROSECUTING ATTORNEY

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Lauren Plymale from part-time employee to full-time employee, effective June 1, 2006, with a salary of $38,000.00 per year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Judge O’Hanlon thanked the Commission for hiring Ms. Plymale. Judge O’Hanlon stated he believed that by hiring an additional employee in the Prosecutor’s Office, the operating of the Day Report Center and Home Confinement, would help reduce the jail costs.

#157 LETTER, GORDON MERRY, DIRECTOR, CCEMS

RE: EMPLOYMENT RECLASSIFICATION

Nancy Cartmill, Commissioner, moved to approve the employment reclassification of Tena D. Littleton-Crum from temporary full-time to full-time, effective June 1, 2006, with her pay remaining the same of $8.71 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#158 APPEARING, MICHAEL KELEMEN, DIRECTOR OF

GOVERNMENTAL RELATIONS, CHARTER

COMMUNICATIONS

RE: CABLE FRANCHISE RENEWAL PROCEEDINGS

Mr. Michael Kelemen, representative with Charter Communications, appeared before the Commission to answer questions and to provide information regarding the franchise agreement. Mr. Kelemen stated that the franchise between the Cabell County Commission and Charter Communications, which was bought out by Cebridge, was due to expire July 1, 2006.

THURSDAY, JUNE 1, 2006

PAGE FOUR

Mr. Kelemen further stated that the franchise proposal was for a five year period and the franchise fee amount was 5%, which the county was already receiving and the maximum amount by law. Mr. Kelemen also informed the Commission that the county would be fully covered by their insurance.

President Bias stated he would like to see the cable companies do a basic minimum package deal for senior citizens and people on fixed income.

Mr. Kelemen stated that the current basic service that was offered was $15.95 for 23 channels. Mr. Kelemen further stated he would be happy to take this up with the new company and he believed that the cable industry was looking into this matter.

Rick Miller, Barker’s Ridge resident, stated he had not been approached by a cable company about service and he was very interested in having the service.

Mr. Kelemen stated that at this time it was about 30 residents per linear mile and no more than 125 feet from one house to another house before the lines for cable could be run. Mr. Kelemen further stated he would be glad to meet with Mr. Miller to see if Charter Cable could be added in his area.

President Bias stated he was concerned about the 30 houses per mile and the fact that the rates could be raised without the Commission’s approval.

William Watson, County Attorney, suggested this item be tabled until the next meeting on June 15, 2006, in order for the Commission to have their concerns answered.

Robert L. Bailey, Commissioner, moved to table this item until the next meeting on June 15, 2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#159 DISCUSSION/ACTION

RE: SAM MORRISON, WILLIAMSBURG COLONY

ROAD MAINTENANCE

William Watson, County Attorney, informed the Commission that the issue was that Mr. Morrison believed that an order had been entered regarding road maintenance in Williamsburg Colony, where the Department of Transportation had agreed to maintain roads and drainage lines. Mr. Watson stated that no order had been entered into the record books in Cabell County, however, an order was entered in the Records of Commissioners for the Department of Transportation. Mr. Watson stated the order identified the roads, right-of-ways and the lengths of the roads in the Williamsburg Colony but some of the roads were not covered.

THURSDAY, JUNE 1, 2006

PAGE FIVE

Mr. Watson stated that in the letter from Jeff Miller, Department of Transportation, and in the order of the Commissioners (Department of Transportation), the document stated that the Department of Transportation was not legally obligated to maintain the culverts if they were not in the state’s right-of-way.

Mr. Watson stated that the Commission could write a letter to Paul Maddox, Commissioner of Highways, to request assistance with the problem in the Williamsburg Colony.

Nancy Cartmill, Commissioner, moved to approve that the County Attorney write a letter, for President Bias to sign, to the Commissioner of Highways requesting assistance for Williamsburg Colony. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#160 DISCUSSION/ACTION

RE: CONSIDERATION OF STATE LAW AUTHORIZING

COUNTIES TO CONSIDER REGULATION OF

DILAPIDATED STRUCTURES

Stephen Zoeller, County Manager, stated this issue was in regards to a county resident requesting help in removing dilapidated structures near the Fox Fire Resort. Mr. Zoeller went on to say there was a statue currently on the books that authorized the Commission to regulate and clean up unsightly buildings and debris. Mr. Zoeller stated that if the Commission decided to take under consideration the removal of dilapidated structures, there were guidelines that must be in place. Mr. Zoeller explained to the Commission that a committee had to be formed, an engineer must be hired by the county, an ordinance must be in place and hearings would be needed. Mr. Zoeller also informed the Commission there would be a cost to the procedure.

Robert L. Bailey, Commissioner, stated he believed this was zoning and he did not want any part of telling people what they could or could not do on their property.

After a lengthy discussion, Commissioner Bailey requested the resident be sent a letter stating that at this time he would need to pursue this through civil action or contact the Health Department.

#161 RESOLUTION, CABELL COUNTY COMMISSION

RE: AUTHORIZE CONTINUED PARTICIPATION IN THE

CABELL-HUNTINGTON-WAYNE HOUSING

CONSORTIUM AND APPROVING THE ANNUAL

ACTION PLAN FOR THE FISCAL YEAR 2006

HOME PROGRAM

THURSDAY, JUNE 1, 2006

PAGE SIX

Nancy Cartmill, Commissioner, moved to approve authorizing continued participation in the Cabell-Huntington-Wayne Housing Consortium and approving the annual Action Plan for the 2006 Home Program. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#162 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPROVE THE BUDGET FOR FISCAL YEAR 2006-2007

FOR THE CABELL-HUNTINGTON-WAYNE HOME

INVESTMENT TRUST FUND

Nancy Cartmill, Commissioner, moved to approve the budget for fiscal year 2006-2007 for the Cabell-Huntington-Wayne Home Investment Trust Fund. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

Dawnetta Weekley, Huntington Development & Planning Program Director, informed the Commission that she believed that one of the board members had moved and was not attending the meetings. Ms. Weekley stated the Commission may want to look into the situation and perhaps appoint someone else.

#163 DISCUSSION/ACTION

RE: NOISE CONTROL ORDINANCE FOR CABELL COUNTY

Stephen Zoeller, County Manager, stated then when the Commission amended the Noise Ordinance, a resolution was passed from the bench stating that anyone who applied for a waiver must have proof of insurance. Mr. Zoeller further stated he had discussed this with William Watson, County Attorney, and with Debra Johnson, insurance representative for the county, and it was determined this could create a liability for the Commission. Mr. Zoeller went on to say that it was recommended the Commission resend the requirement for proof of insurance.

Commissioner Bailey stated he did not see how anyone could ride motor bikes without insurance.

William Watson, County Attorney, stated he believed the requirement for proof of insurance could become a liability problem and would recommend the Commission resend the required proof of insurance.

Nancy Cartmill, Commissioner, moved to resend the requirement within the resolution that requires proof of insurance. W. Scott Bias, President, seconded the motion and the vote was as follows:

W. Scott Bias, President aye

Robert L. Bailey, Commissioner nay

Nancy Cartmill, Commissioner aye

THURSDAY, JUNE 1, 2006

PAGE SEVEN

Gary Elkins, Lee Creek resident, stated that he would have insurance on the race track. Mr. Elkins also informed the Commission that he had done decimal readings on five bikes and the readings were in line with the Federal Government and less then the readings on his neighbor’s lawn mower.

#164 AWARD BIDS:

RE: COURTHOUSE SECURITY – INDIVIDUAL COURT

INTERIOR ACCESS CONTROL MANAGEMENT

SYSTEM

Connie Gray, Administrator for Grants, Planning and Permits, informed the Commission only one bid was received for Courthouse Security and that bid was from Electronic Specialty Company for $98,000.00.

Robert L. Bailey, Commissioner, moved to approve awarding the bid for Courthouse Security to Electronic Specialty Company, in the amount of $98,000.00. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#165 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF ADVERTISEMENT FOR AN

INVITATION TO BID FOR THE RESTORATION OF

THE STONEWORK ON THE 7^TH STREET EXTERIOR

SIDE OF THE CABELL COUNTY COURTHOUSE 750 5^th AVENUE, HUNTINGTON WEST VIRGINIA

Nancy Cartmill, Commissioner, moved to approve the advertisement for invitation to bid for the restoration of the stonework on the 7^th Street exterior side of the Courthouse. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#166 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENT

Robert L. Bailey, Commissioner, moved to approve the appointment of Donald F. McCroskey as a member to the Great Kanawha Resource Conservation and Development Council, effective June 1, 2006 and expired May 31, 2009. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#167 RESOLUTION, CABELL COUNTY COMMISSION

RE: ALLOCATE SENIOR CITIZENS PROJECTS AND

PROGRAMS EXCESS LEVY TAX FUNDS TO

SALT ROCK SENIOR CENTER

THURSDAY, JUNE 1, 2006

PAGE EIGHT

Nancy Cartmill, Commissioner, moved to approve the allocation of funds, in the amount of $500.00, for the Salt Rock Senior Center from the Cabell County Citizens Projects and Programs Excess Levy Funds. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit ((F)

#168 LETTER, A. GORDON MERRY, III

RE: ADD AN ADDITIONAL ON-DUTY EMERGENCY

SQUAD FOR CABELL COUNTY EMERGENCY

MEDICAL SERVICES

Nancy Cartmill, Commissioner, moved to approve adding an additional on-duty emergency squad for Cabell County Emergency Services. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#169 MOVED TO FRONT OF AGENDA

#170 CONSIDERATION OF CHANGES TO THE COUNTY’S

SELF-FUNDED HEALTH INSURANCE PLAN

Stephen Zoeller, County Manager, informed the Commission that due to the rise in health costs the county’s reserve health fund will decrease approximately 20%. Mr. Zoeller went on to say that there had not been a modification in the health plan since 1998. Mr. Zoeller stated that after a meeting with the county’s health consultant from ZBA, he had some recommendations for the Commission to consider.

Mr. Zoeller stated that if this was approved the usage would shift from a health plan to a wellness plan. Mr. Zoeller explained the insured would pay $10.00 for an office visit instead of the 80-20, and there would be no deductible for mammograms, pap smears, colonoscopies, prostate exams and yearly check-ups as the plan would cover these items. Mr. Zoeller went on to say that the flip side would be the deductible would increase which would raise the cost for other services. Mr. Zoeller stated the deductible would rise from $100.00 to $250.00 for single coverage and from $200.00 to $500.00 for family coverage.

W. Scott Bias, President, stated these recommendations were to be more in-line with industry standards and would help to promote preventive health care.

Nancy Cartmill, Commissioner, stated she liked the preventive part of the health plan, however, she believed some people would not reach the $500.00 deductible; therefore you were trading one thing for another. Commissioner Cartmill further stated she was more in favor of charging a little bit for their hospitalization then raising the deductible.

Mr. Zoeller stated he would also recommend reinstating the premiums of $12.00 per month for singular coverage and $24.00 per month for families.

THURSDAY, JUNE 1, 2006

PAGE NINE

Robert L. Bailey, Commissioner, stated he did not believe the employees would be upset with the reinstatement of the premiums as they were not extreme.

Robert L. Bailey, Commissioner, moved to approve changes in the health plan as described in the attached Exhibit G. 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

#171 CONSIDERATION OF SALARY INCREASES FOR

CABELL COUNTY COURTHOUSE EMPLOYEES

W. Scott Bias, President, stated that when the Commission was working on the budget for 2006-2007, a pay raise for employees was placed in the budget and then it was decided to remove the raise before the budget was submitted until it was determined how the fiscal year would end. President Bias further stated he believed that a pay increase for employees should now be placed back into the budget as the carry-over would be substantial.

Nancy Cartmill, Commissioner, stated she thought they had decided to wait until August when the exact amount of the carry-over would be known. Commissioner Cartmill further stated she could not approve of a pay increase, which would be an on going expense, from a carry-over which was revenue for one time. Commissioner Cartmill went on to say there was still a jail bill to consider.

President Bias stated he could not accept his pay increase without giving the Courthouse employees a raise and that the carry-over was more then enough to take care of the salary increases.

Stephen Zoeller, County Manager, stated that based on the information he had now, he believed the carry-over would be close to one million dollars.

Robert L. Bailey, Commissioner, moved to approve the pay raise for Courthouse employees that was previously removed from the 2006/2007 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, JUNE 1, 2006

PAGE TEN

#172 RESOLUTION, GENERAL FUND, COUNTY

COUNTY BUDGET REVISION #11, FY 2005-2006

Robert L. Bailey, Commissioner, moved to approve General Fund, County Budget Revision #11. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

#173 REMOVED

COMMISSIONER REPRESENTATION REPORTS

Robert L. Bailey, Commissioner, stated that the Drug Unit, especially Mike Clark and Doug Adams, were doing a great job. Commissioner Bailey went on to say that the Commission gave their share of the interest on money the Sheriff had earned, in order to help start the Drug Unit.

W. Scott Bias, President, informed the Commission that last week-end Newlon Field had a Fly-In, barbecue, games for kids and plane rides and were planning to do this again Labor Day week-end.

Stephen Zoeller, County Manager, informed the Commission that the Association of Counties’ Board took action regarding court costs for Cabell County regarding the jail suit. Mr. Zoeller went on to say the board voted to recommend to the full membership that assessments be made for reimbursement to Cabell County.

Nancy Cartmill, Commissioner, stated that she had requested information on Newlon Airport regarding their insurance and if the time lines had been met.

Chris Tatum, Assistant County Manager, stated he had received a certificate of insurance and he believed there was some progress being made, however, he would be glad to visit the field and check into the matter.

Oscar Adkins, Director of Home Confinement and the Day Report Center, thanked Chris Tatum for his presentation at the Clay Center regarding a grant for the Day Report Center. Mr. Adkins also thanked Connie Gray for her assistance.

Stephen Zoeller, County Manager, informed the Commission that the Regional Jail filed a stay on the Judge’s order. Mr. Zoeller stated he spoke with Ancil Ramey, the attorney

representing the Commission, and he instructed Mr. Zoeller to continue processing the bills according to the Judge’s orders.

THURSDAY, JUNE 1, 2006

PAGE ELEVEN

Stephen Zoeller, County Manager, stated that he received the letters from the Elected Officials, regarding their salary increases which will be included in the letter to the State Auditor regarding conditional approval of the budget. Mr. Zoeller further stated he needed to revise the budget to include longevity in the Sheriff’s Department and the matching for the Sheriff’s Commission.

W. Scott Bias, President, adjourned the meeting at 11:55 a.m., until the next scheduled meeting on Thursday, June 15, 2006, at 10:00 a.m.

____________________________________________

PRESIDENT, COUNTY COMMISSION

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