COMMISSION MEETING

COMMISSION MEETING

THURSDAY, SEPTEMBER 21, 2006

PRESENT: W. SCOTT BIAS, PRESIDENT

ROBERT L. BAILEY, COMMISSIONER

NANCY CARTMILL, COMMISSIONER

WILLIAM 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 Cabell County Commission to order at 10:00 a.m.

APPROVE:

Stephen Zoeller, County Manager, stated an item needed to be added to the agenda regarding a Homeland Security Grant. Mr. Zoeller further stated if approved it would be item #298.

Robert L. Bailey, Commissioner, moved to approve amending the agenda to include the Homeland Security Grant. 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 #1347 B through #1595 B and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the minutes from the September 7, 2006, regular Commission meeting, 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, not to exceed $100, 000.00, from the Cabell County Medical Insurance Fund. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#284 RESOLUTION, CABELL COUNTY COMMISSION

RE: PUBLIC TEST OF VOTING EQUIPMENT

Nancy Cartmill, Commissioner, moved to approve publishing a notice concerning the testing of voting equipment to be used in early voting on Wednesday, October 11, 2006. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, SEPTEMBER 21, 2006

PAGE TWO

#285 LETTTER, KAREN S. COLE, COUNTY CLERK

RE: PUBLICLY SET TIME TO TEST ELECTION

TABULATING EQUIPMENT BOTH BEFORE

AND AFTER THE OFFICIAL TABULATING

PROCESS OF THE 2006 GENERAL ELECTION

BEGINS

Robert L. Bailey, Commissioner, moved to approve the testing of the election tabulating equipment on Tuesday, October 31, 2006, at 10:00 a.m. and Tuesday, November 7, 2006, at 6:00 p.m., and again immediately following the completion of the official tabulation process on election night. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#286 LETTER, KAREN S. COLE, COUNTY CLERK

RE: PUBLICLY SET TIME FOR CABELL COUNTY

COMMISSION TO CONVENE AS A BOARD OF

CANVASSERS

Nancy Cartmill, Commissioner, moved to approve the Board of Canvass convene Monday, November 13, 2006, at 10:00 a.m., for the purpose of examining all provisional ballots cast during the 2006 General Election. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#287 LETTER, ADELL CHANDLER, CIRCUIT CLERK

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Laura Jean Wintz, effective September 25, 2006, with a rate of pay of $17,500.00 per year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#288 LETTER, KIM WOLF, SHERIFF

RE: EMPLOYMENT

Nancy Cartmill, Commissioner, moved to approve the employment of Ron Chapman and Tyler Mott as part-time Courthouse Security, effective September 22, 2006, with a rate of pay of $10.00 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, SEPTEMBER 21, 2006

PAGE THREE

#289 APPEARING, COUNSEL FOR STEPTOE AND JOHNSON

RE: CONSIDERATION OF ADOPTION OF AN

INDUCEMENT RESOLUTION PRELIMINARILY

APPROVING THE ISSUANCE BY THE COUNTY

COMMISSION OF CABELL COUNTY OF ITS

COMMERCIAL DEVELOPMENT REVENUE BONDS,

SERIES 2006 (VALLEY HEALTH SYSTEMS, INC.) TO

FINANCE AND REFINANCE THE ACQUISITION,

EQUIPPING, CONSTRUCTION AND RENOVATION OF

CERTAIN PROPERTY OWNED OR USED BY VALLEY

HEALTH SYSTEMS, INC., AND TO AUTHORIZE THE

TAKING OF CERTAIN ACTIONS RELATED THERETO

Fred Williams, Attorney with Steptoe and Johnson, stated this involved the issuance, by the County, of tax exempt bonds to assist with the financing for improvements in property owned or used by Valley Health in Cabell County.

Robert L. Bailey, Commissioner, moved to approve the issuance of bonds to be used for the improvements of certain property owned or used by Valley Health Systems, Inc. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#290 APPEARING, R.R. FREDEKING, ESQUIRE

RE: MOTION TO RESIGN AS EXECUTOR IN THE

ESTATE OF LUCILLE IRENE GUE

William Watson, County Attorney, stated he would recommend the Commission not allow the withdrawal of the Executor until an accounting of the estate had been filed.

Nancy Cartmill, Commissioner, moved to allow Mr. R. R. Fredeking to resign as Executor of the Estate of Lucille Irene Gue, subject to a current accounting of said estate being filed and then at that time Talmadge Gue be appointed the Executor of the Estate. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#291 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENT

Robert L. Bailey, Commissioner, moved to approve the appointment of Omayma Touma, M.D., to the Cabell-Huntington Board of Health for a five year term beginning January 1, 2007. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

THIRSDAY, SEPTEMBER 21, 2006

PAGE FOUR

#292 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: EMPLOYMENT – CCEMS

Nancy Cartmill, Commissioner, moved to approve the employments of Justin Tyler Howland and Brian Dudley McCoy as full time temporary Paramedics, effective September 22, 2006, with a rate of pay of $8.97 per hour; Sandra Lee Cadle as a full time temporary EMT, effective September 22, 2006, with a rate of pay of $6.82 per hour; reclassification of Catherine Ross to full time EMT, effective August 25, 2006, with a rate of pay of $6.82 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#293 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: EMPLOYMENT – CCEMS

Nancy Cartmill, Commissioner, moved to approve the employment of Adam Wayne Burgess as a per diem Paramedic, with a rate of pay of $8.97; Joshua Matthew Enyart and Brian Keith Wellman as per diem Paramedics, with a rate of pay of $6.82 per hour, with all employments effective September 22, 2006. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#294 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: NOMINATIONS FOR APPOINTMENTS

Nancy Cartmill, Commissioner, moved to approve the nominations of Tony Aluise, representing hospitals, Kathi Christian, representing hospitals and Jan L. Young, representing community groups, for appointments to the Cabell/Wayne Local Emergency Planning Committee. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#295 AGREEMENT, CABELL COUNTY COMMISSION

RE: USE OF COURTHOUSE GROUNDS

Nancy Cartmill, Commissioner, moved to approve the use of the Courthouse grounds for the Huntington Symphony Orchestra Reception on Saturday, September 30, 2006. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, SEPTEMBER 21, 2006

PAGE FIVE

#296 REIMBURSEMENT AGREEMENTS, CABELL COUNTY

COMMISSION AND CABELL COUNTY SHERIFF’S

DEPUTIES

Robert L. Bailey, Commissioner, moved to approve the reimbursement agreements for the training of Anthony Cremeans, II, Paul Fields, Joshua D. Robertson and Morris Todd Veazey. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

The Commission requested that the reimbursement agreement be placed on the next agenda for discussion and review.

#297 RESOLUTION, GENERAL FUND, STATE BUDGET

REVISION #5, FY 06-07

Robert L. Bailey, Commissioner, moved to approve General Fund, State Budget Revision #5. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#298 RESOLUTION, CABELL COUNTY COMMISSION

RE: AUTHORIZING THE SIGNING OF THE SUB-GRANT

AWARD DOCUMENT BETWEEN THE WEST VIRGINIA

DEPARTMENT OF MILITARY AFFAIRS & PUBLIC

SAFETY HOMELAND SECURITY STATE

ADMINISTRATIVE AGENCY FOR GRANT FUNDS

IN THE AMOUNT OF $94, 400.00

Robert L. Bailey, Commissioner, moved to accept the Homeland Security Grant Award, in the amount of $94,400.00, to be used by Cabell County Emergency Medical Services. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

PLACE ON RECORD:

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Greater Kanawha RC&D Board of Directors Meeting, August 16, 2006; Pea Ridge Public Service District, Regular Meeting, July 10, 2006; Pea Ridge Public Service District, Special Meeting, July 28, 2006; Salt Rock Water Public Service District, Special Meeting, August 8, 2006 and Other Documentation to be Recorded: Annual Audit Report, Cabell-Huntington Convention and Visitor’s Bureau and The Bank of New York, Various Accounts, August 31, 2006. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, SEPTEMBER 21, 2006

PAGE SIX

Commissioner Bailey stated he was upset with the article in the newspaper that indicated the county had not paid their jail bill. Commissioner Bailey further stated the county had paid approximately $900,000 and was current with the jail bill.

Commissioner Cartmill requested reports for the next meeting on the prescription drug program, the project regarding the airport on Route 2 and the number of building permits issued by the county.

William Watson, County Attorney, informed the Commission that the Foster Foundation had filed a law suit seeking to be reimbursed for the interest and penalties they were charged when the county won their law suit against the foundation. Mr. Watson further stated the law suit was filed against the State Auditor and the Cabell County Sheriff. Mr. Watson went on to say he would notify the attorney who handled the case so he could file a response to the suit.

Stephen Zoeller, County Manager, stated he would like President Bias, when he attends the State County Commissioners meeting, to bring up a change of statue which would give the counties options to use outside laboratories instead of the State Police Lab.

Mr. Zoeller also gave the Commissioners an update regarding the repair on the 7^th Street side of the Courthouse. Mr. Zoeller stated there would be funds left over from this grant and he believed the Commission should look at re-structuring the 4^th Avenue entrance.

President Bias informed the Commission that over 1,400 riders attended the HOAG meeting in Huntington.

W. Scott Bias, President, adjourned the meeting at 11:00 a.m., until the next regular scheduled meeting Thursday, October 5, 2006, at 10:00 a.m.

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PRESIDENT, COUNTY COMMISSION

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