COMMISSION MEETING

THURSDAY, JULY 26, 2007

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

Stephen Zoeller, County Manager, informed the Commission he would like to amend the agenda to include a budget revision for Coal Severance. Mr. Zoeller stated this would be Item #231, if approved.

Robert L. Bailey, Commissioner, moved to amend the agenda to include a budget revision for Coal Severance. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved 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 #250 C through #525 C and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the minutes from the June 14, 2007 and the June 28, 2007, regular Commission meetings, 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 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.

“OPEN BIDS” PROPOSALS FOR FINANCING OF CONSTRUCTION OF

CABELL COUNTY’S EMERGENCY RESPONSE CENTER

Stephen Zoeller, County Manager, stated five bid proposals regarding the financing of construction for the Emergency Response Center were submitted from the following banks: JP Morgan Chase, Guaranty Bank & Trust Company, United Bank, BB&T and Huntington National Bank.

THURSDAY, JULY 26, 2007

PAGE TWO

William Watson, County Attorney, advised the Commission to take the bid proposals under advisement.

Nancy Cartmill, Commissioner, moved to take the bid proposals, for the Cabell County’s Emergency Response Center, under advisement. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

CITIZENS REGISTERED TO SPEAK

Desmond Byrne, county resident, appeared before the Commission requesting water and fire hydrants in the Union District. Mr. Byrne stated he has had trouble getting insurance on his house and he was also concerned about the safety of the homes in the area because of no fire hydrants.

W. Scott Bias, President, stated the Commission had applied for grants to be used for the extension of water lines, however, he was not sure the present project would be near Mr. Byrne’s property.

Robert L. Bailey, Commissioner, asked Mr. Byrne to meet with Chris Tatum, Assistant County Manager, in order to get on the county’s list and Mr. Tatum could tell Mr. Byrne what areas were already on the list.

APPEARING: KAREN COLE, CABELL COUNTY CLERK

RE: PRESENTATION OF 2006/2007 CARRYOVER FROM

THE GENERAL COUNTY FUND

Karen Cole, County Clerk, appeared before the Commission and informed them the General Fund carry over for fiscal year 2006-2007 was $2,520,752.00, with reserved encumbrances of $1,560,685.00, bringing the amount of unreserved encumbrances to $960,067.00.

#218 RESOLUTION, CABELL COUNTY COMMISSION

RE: PLEDGING OF COLLATERAL BONDS BY

FIFTH THIRD BANK

Robert L. Bailey, Commissioner, moved to approve the matter of the pledging of collateral bonds by Fifth Third Bank. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#219 RESOLUTION, CABELL COUNTY COMMISSION

RE: RELEASE AND SUBSTITUTION – LETTERS OF CREDIT

FIRST SENTRY BANK

THURSDAY, JULY 26, 2007

PAGE THREE

Nancy Cartmill, Commissioner, moved to approve the release and substitution of Letters of Credit, the pledging of collateral bonds and the pledging of a Letter of Credit by First Sentry Bank. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#220 LETTER, KAREN COLE, CABELL COUNTY CLERK

RE: EMPLOYMENT

Nancy Cartmill, Commissioner, moved to approve the employment of Robert G. Wheeler, as a full-time employee, effective July 30, 2007, with a rate of pay of $17,500.00 per year. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#221 APPEARING, FRED WILLIAMS, ESQUIRE

RE: A RESOLUTION AUTHORIZING AND APPROVING

DEEDING OF CERTAIN REAL PROPERTY TO THE

CABELL COUNTY BUILDING COMMISSION; THE

LEASING OF A 911 CENTER, THE SITE THEREOF

AND ALL NECESSARY APPURTENANCES FROM

THE CABELL COUNTY BUILDING COMMISSION;

THE DESIGN, ACQUISITION, CONSTRUCTION AND

EQUIPPING THEREOF; THE SALE AND ISSUANCE BY

THE CABELL COUNTY BUILDING COMMISSION OF

ITS NOT TO EXCEED $7,000.00 LEASE REVENUE

BONDS, SERIES 2008 A; PRESCRIBING THE FORMS

AND AUTHORIZING THE EXECUTION AND

DELIVERY OF AN AGREEMENT AND LEASE AND

OTHER INSTRUMENTS AND AUTHORIZING AND

APPROVING OTHER DOCUMENTS AND MATTERS

RELATING TO THE TERMS AND SECURITY OF SUCH

BONDS; AND PROVIDING FOR CERTAIN OTHER

MATTERS IN CONNECTION THEREWITH

Fred Williams, Attorney with Steptoe & Johnson, explained the county was in the beginning process of the financing and construction of a new E-911 Center. Mr. Williams went on to say that since this was financing for government, under state law, the county would need to deed the land to the Cabell County Building Commission. Mr. Williams stated that the bonds would be issued and come before the County Commission for approval at a later date.

Robert L. Bailey, Commissioner, moved to adopt the resolution for the deeding of certain property to the Cabell County Building Commission. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

THURSDAY, JULY 26, 2007

PAGE FOUR

#222 RESOLUTION, CABELL COUNTY COMMISSION

RECLASSIFICATION – E-911

Nancy Cartmill, Commissioner, moved to approve the reclassification of Timothy Chastain and Gail A. Henry as full-time regular Telecommunicators, effective July 30, 2007, with a rate of pay of $10.39 per hour. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#223 AUTHORIZE THE PRESIDENT OF THE CABELL COUNTY COMMISSION TO SIGN ACCEPTANCE LETTER FROM

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC

SAFETY

Gordon Merry, CCEMS Director, explained that Region 6 had a vehicle they were giving the county which would be used as a mass casualty vehicle. Mr. Merry stated this vehicle would be at no cost to the county.

Nancy Cartmill, Commissioner, moved to approve for the President of the Commission to sign a letter of acceptance from the Department of Military Affairs and Public Safety. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#224 DISCUSSION/ACTION:

RE: BROWNFIELD PETROLEUM CLEAN-UP GRANT

Chris Tatum, Assistant County Manager, explained this was for an application for grant funds for assessment to identify property of potential environmental problems. Mr. Tatum stated that if the county should be awarded the assessment grant, and after the property was identified, then the county would apply for a clean-up grant. Mr. Tatum informed the Commission there would no cost to the county.

Robert L. Bailey, Commissioner, moved to approve for the county to submit an application for an assessment grant. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#225 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF APPROVING ALLOCATIONS

FOR FISCAL YEAR 2007-2008 FROM HOTEL

OCCUPANCY TAX FUNDS FOR QUALIFYING

PROGRAMS

THURSDAY, JULY 26, 2007

PAGE FIVE

The Commission discussed the list of organizations who received funds from the Hotel Occupancy Tax. After discussion the Commission agreed to increase the Huntington Outdoor Theatre from $7,500.00 to $10,000.00, which would bring the total for the Hotel Occupancy Tax Funds to $203,333.00.

Nancy Cartmill, Commissioner, stated she would like to see the 4-H Camp receive more funding as there was a real need for mattresses and beds.

Robert L. Bailey, Commissioner, stated he agreed with Commission Cartmill there was a need for mattresses and beds and other items and he asked if these items could be obtained through the military.

Chris Tatum, Assistant County Manager, stated that Greg Edens, 4-H Camp Director, had been able to get many things from surplus supply and there was a possibility the beds and mattresses could be obtained in the fall.

Oscar Adkins, Home Confinement Director, informed the Commission that they should look into getting the beds from the Procurement Office of the Sheriff of Military Affairs, located at the Air Force Base in Dayton, Ohio.

Robert L. Bailey, Commissioner, moved to approve the allocations for the Hotel Occupancy Tax Funds for 2007-2008. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#226 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF APPROVING ALLOCATIONS FOR

FISCAL YEAR 2007-2008 FROM THE CABELL COUNTY

SENIOR CITIZENS PROJECTS AND PROGRAMS

EXCESS LEVY TAX FUNDS

The Commission discussed the list of considerations for the Senior Citizens Levy Tax Funds. Commissioner Cartmill asked about the CCCSO (Salt Rock Property) and Commissioner Bailey stated the property, had been purchased, and the notation should have read project instead of property, as the funds would be for the equipment and the building.

Nancy Cartmill, Commissioner, stated she was told last year that when the Jeffrey E. George House was given money from the Senior Citizen Excess Levy Fund it would be a one time allotment and now they were receiving an additional $25,000.00. Commissioner Cartmill further stated she did not believe the organization met the criteria for funding from the Senior Fund because it was a hospitality house that would serve different ages.

Robert L. Bailey, Commissioner, stated the Jeffrey George House served seniors and he believed it should receive the $25,000.00.

THURSDAY, JULY 26, 2007

PAGE SIX

W. Scott Bias, President, asked Commissioner Cartmill how munch would she like to give the Jeffrey George House. Commissioner Cartmill stated she still did not believe it met the criteria, however, she could go with $10,000.00. President Bias stated he agreed with Commission Cartmill on the $10,000.00.

Nancy Cartmill, Commissioner, asked why the Village of Barboursville was receiving $5,000.00 for their Senior Center instead of the $10,000.00 they had received from the previous year. President Bias stated the Barboursville Senior Center was different than the others, as it was independent of CCCSO and run by the Village of Barboursville. Commissioner Cartmill stated other centers were also independent and all county residents pay into the Senior Levy so it should not make a difference. The Commission agreed to give the Barboursville Senior Center $10,000.00.

Nancy Cartmill, Commissioner, asked why the Salvation Army was not receiving the funds they requested as they provide senior programs and feed seniors every day.

W. Scott Bias, President, stated he did not understand the letter that was sent from the Salvation Army and since the county had their own senior centers, he did not believe the Salvation Army should receive any funds.

Mr. Zoeller, County Manager, stated the request for funds was for computers. After reviewing the letter from the Salvation Army, which listed the services and programs they provide for seniors, the Commission agreed to fund the Salvation Army $1,000.00.

Robert L. Bailey, Commissioner, stated he was upset because the Commission reduced the funds for the Jeffrey E. George House, while raising the funds for the Barboursville Senior Center and the Salvation Army, therefore, he could not vote yes for the allocation list.

Nancy Cartmill, Commissioner, moved to approve the allocations, in the amount of $165,000.00, for the Cabell County Senior Citizens Projects and Programs Excess Levy Tax Funds for 2007-2008. W. Scott Bias, President, seconded the motion and the vote was as follows: Exhibit (E)

W. Scott Bias, President aye

Robert L. Bailey, Commissioner nay

Nancy Cartmill, Commissioner aye

#227 DISCUSSION/ACTION:

RE: CONTRACTING ATTORNEY TO ASSIST IN

COLLECTION OF DELINQUENT TAXES

W. Scott Bias, Commissioner, stated since he was unable to meet with Tom Bell and Sheriff Wolfe, he would like to table this item.

THURSDAY, JULY 26, 2007

PAGE SEVEN

Nancy Cartmill, Commissioner, moved to table this matter. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#228 DISCUSSION/ACTION:

RE: SALARY INCREASES FOR COURTHOUSE

EMPLOYEES

Robert L. Bailey, Commissioner, moved to give Courthouse employees a 7% raise.

Nancy Cartmill, Commissioner, asked what revenue fund for the raises would be coming from within the budget.

Robert L. Bailey, Commissioner, stated the money was coming from E-911 and CCEMS by charging them administrative fees.

W. Scott Bias, President, stated it would also be from the contingency fund.

Commissioner Cartmill stated she did not believe those sources provided enough money for the raises.

Stephen Zoeller, County Manager, stated there was $300,000.00 in the contingency fund and some of that could be used. Mr. Zoeller went on to say the Public Service Commission was investigating whether it was legal to charge administrative fees from E-911 and CCEMS.

Robert L. Bailey, Commissioner, stated that William Watson, County Attorney, had advised the Commission the administrative fees were legal.

Nancy Cartmill, Commissioner, asked what would happen if the Public Service Commission informed the Commission they could not charge administrative fees.

President Bias stated the fees from E-911 and CCEMS were only a small part of the raises, so they would find it elsewhere.

Ottie Adkins, County Assessor, stated he believe it was legal to charge the administrative fees and he agreed with the Commission in giving the pay raise.

Kim Wolfe, Sheriff, stated he appreciated the raises for the employees and he also hoped that in the Fall, if money was available, the Commission would approve more pay for the deputies.

Nancy Cartmill, Commissioner, stated she believed the employees deserved raises and she wanted to give the pay raises, however, she believed there was a better way to give pay raises then to charge administrative fees from E-911 and CCEMS.

THURSDAY, JULY 26, 2007

PAGE EIGHT

Adell Chandler, Circuit Clerk, thanked the Commission for the pay raises for her employees.

W. Scott Bias, President, seconded the motion of Commissioner Bailey’s and the vote was as follows:

W. Scott Bias, President aye

Robert L. Bailey, Commissioner aye

Nancy Cartmill, Commissioner nay

#229 STATE BUDGET REVISION #2

Robert L. Bailey, Commissioner, moved to approve State Budget Revision #2. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#230 COUNTY BUDGET REVISION #2

Nancy Cartmill, Commissioner, moved to approve County Budget Revision #2. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#231 COAL SEVERANCE STATE BUDGET REVISION #2

Robert L. Bailey, Commissioner, moved to approve Coal Severance Budget Revision #2. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Exhibit (I)

PLACE ON RECORD

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Cabell- Huntington Convention & Visitors Bureau, Board of Directors Meeting, April 25, 2007, Cabell-Huntington Convention & Visitors Bureau, Board of Directors, June 20, 2007, Cabell-Huntington Convention & Visitors Bureau, Special Meeting of Board of Directors, June 27, 2007; Greater Kanawha RC&D Council, Regular Meeting, June 20, 2007; Salt Rock Sewer Public Service District, Regular Meeting, June 12, 2007, Salt Rock Water Public Service District, Regular Meeting, June 12, 2007; Tri-State Airport, Regular Meeting, May 17, 2007 and OTHER DOCUMENTATION TO BE RECORDED: Cabell-Huntington Health Department Environmental Health, Combined Narrative, may 2007; Cabell-Huntington Information Technology Narrative, January, February, March, April, May, 2007; Cabell-Huntington Health Department, Monthly Narrative, Regional Epidemiologist, January, February, March, April, 2007; Cabell-Huntington Health Department, Clinic Monthly Report, January, February, March, April, May, 2007; Independent Accountant’s Report of Applying Agreed Upon Procedures for Ona Volunteer Fire Department’s Excess Levy Account and The Bank of New York, Various Accounts, June 30, 2007. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JULY 26, 2007

PAGE NINE

Stephen Zoeller, County Manager, stated he had been asked to speak at the Regional Jail Over-Sight Committee at the Legislature, on the unified bond schedules.

Nancy Cartmill, Commissioner, requested that when the checks for the organizations from the Hotel Occupancy Tax Funds and the Senior Citizens Excess Levy Funds were presented, she would like to be notified so she could attend the presentation.

W. Scott Bias, President, adjourned the regular meeting of the Cabell County Commission, until the next regular scheduled meeting on Thursday, August 9, 2007, at 10:00 a.m.

___________________________________________

PRESIDENT, COUNTY COMMISSION

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