COMMISSION MEETING

THURSDAY, MAY 29, 2008

PRESENT: ROBERT L. BAILEY, PRESIDENT

NANCY CARTMILL, COMMISSIONER

W. SCOTT BIAS, 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

Robert L. Bailey, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.

APPROVE:

Nancy Cartmill, Commissioner, moved to approve the agenda as presented. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, Commissioner, moved to approve purchase orders #08-6223 through #08-6549 and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve erroneous assessments, land consolidations, split tickets and probate documentation. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, 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.

#136 APPEARING, AUDY PERRY, ESQUIRE

RE: PETITION TO APPROVE FINAL ACCOUNTING

AND RELEASE ESTATE OF DONALD W. GIBSON

Audy Perry, Attorney, informed the Commission that a late claim had been filed against the estate and he requested the item be tabled until a later date.

W. Scott Bias, Commissioner, moved to table item #136 regarding the Gibson Estate. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, MAY 29, 2008

PAGE TWO

#137 APPEARING, AUDY PERRY, ESQUIRE

RE: SUPPLEMENTAL RESOLUTION APPROVING

GENERAL FORM OF BOND DOCUMENTS FOR

THE PREVIOUSLY AUTHORIZED ISSUANCE OF

COMMERCIAL DEVELOPMENT REVENUE BONDS

MARSHALL UNIVERSITY RESEARCH CORPORATION

PROJECT SERIES 2008 IN AN AGGREGATE

PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000

Audy Perry, Attorney, informed the Commission this project would be for a Forensic Center at Marshall University. Mr. Perry went on to say this was general information regarding the promissory note, bond, loan agreement and trust indenture.

William Watson, County Attorney, stated he had reviewed the documents and would recommend the Commission approve the resolution. Mr. Watson further stated there would be some modifications at a later date.

W. Scott Bias, Commissioner, moved to approve the supplemental resolution approving general form of bond documents for the Marshall University Project. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#138 APPEARING, NEIL R. BOUCHILLON, ESQUIRE

RE: PETITION TO APPOINT SHERIFF AS

ADMINISTRATOR OF THE ESTATE OF

FRANCIS MCCOMAS, JR.

Neil Bouchillon, Attorney representing Kimberly Lucas, appeared before the Commission requesting the Sheriff be appointed to act as the Administrator of the Estate of Francis McComas, Jr. Mr. Bouchillon stated Mr. McComas died in October, the result of a car wreck, and Ms. Lucas had intentions of filing a claim against the estate for damages resulting from the wreck. Mr. Bouchillon further stated that no one had applied to be appointed as the Administrator of the said estate.

William Watson, County Attorney, stated he had reviewed the documentation and would recommend the Commission approve the petition, subject to the determination of ownership of property in Cabell County by Mr. McComas.

W. Scott Bias, Commissioner, moved to approve the petition appointing the Sheriff as the Administrator of the Estate of Francis McComas, Jr., subject to the determination of ownership of property in Cabell County. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, MAY 29, 2008

PAGE THREE

#139 LETTER, RESOLUTION, GRANT APPLICATION

CABELL COUNTY COMMISSION

RE: WAYNE BEEKEEPERS ASSOCIATION COMMUNITY

PARTICIPATION GRANT #08LEDA0510 - $15,000.00

Nancy Cartmill, Commissioner, moved to approve the grant application, in the amount of $15,000.00, for the Wayne Beekeepers Association. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#140 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT – CCEMS

Nancy Cartmill, Commissioner, moved to approve the reclassification of Jack S. Clay as a full time Paramedic, effective May 30, 2008, with a rate of pay of $9.60 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#141 RESOLUTION, CABELL COUNTY COMMISSION

RE: RECLASSIFICATION – CCEMS

W. Scott Bias, Commissioner, moved to approve the reclassification of Ashley M. Davis as a full time Paramedic, effective May 30, 2008, with a rate of pay of $9.60 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#142 RESOLUTION, CABELL COUNTY COMMISSION

RE: RECLASSIFICATION - E-911

Nancy Cartmill, Commissioner, moved to approve the reclassification of Tracy Vititoe as a full time regular Telecommunicator, effective June 1, 2008, with a rate of pay of $10.39 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#143 DISCUSSION/ACTION:

RE: INTER-GOVERNMENTAL AGREEMENT CREATING

THE WESTERN REGIONAL DAY REPORT CENTER

Stephen Zoeller, County Manager, stated the Commission approved, at a previous meeting, the merger of the Cabell County Day Report Center and the Wayne County Community Corrections Program. Mr. Zoeller further stated this document provided out the specifics of the agreement between the two counties.

THURSDAY, MAY 29, 2008

PAGE FOUR

W. Scott Bias, Commissioner, moved to approve the Inter-Governmental Agreement creating the Western Regional Day Report Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#144 LETTER, STUART T. STICKEL, DEPUTY CHIEF

INSPECTOR, OFFICE OF THE STATE AUDITOR

RE: AGREEMENT FOR AUDIT OF FINANCIAL

STATEMENTS OF CABELL COUNTY FOR

FISCAL YEAR ENDED JUNE 30, 2007

Stephen Zoeller, County Manager, informed the Commission that this was an agreement with the State Auditor’s Office for the audit of financial statements for the fiscal year ending June 30, 2007 and if the Commission agreed with the terms, they would need to sign the agreement.

W. Scott Bias, Commissioner, moved to sign the agreement with the State Auditor’s Office. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#145 RESOLUTION, GENERAL FUND, COUNTY BUDGET

REVISION #14, FY 2008-2009

Nancy Cartmill, Commissioner, moved to approve General Fund, County Budget Revision #14. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#146 RESOLUTION, GENERAL FUND, STATE BUDGET

REVISION #15, FY 2008-2009

W. Scott Bias, Commissioner, moved to approve General Fund, State Budget Revision #15. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#147 CERTIFICATION OF 2008 PRIMARY ELECTION

Robert L. Bailey, President, stated he had received complaints about precincts #16 and #42 during the Primary Election. President Bailey further stated he was very concerned about several issues and would like to have these concerns taken care of before the General Election.

President Bailey stated he also had concerns over the eligibility of one of the candidates that ran for Huntington City Council.

THURSDAY, MAY 29, 2008

PAGE FIVE

William Watson, County Attorney, stated he had discussed this with the Secretary of State’s Office and the Commission’s responsibility was to certify the votes received during the Primary Election, the protest dealing with the race for city council was the City of Huntington’s responsibility.

Nancy Cartmill, Commissioner, moved to certify the election results for the Primary Election. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

PLACE ON RECORD

Nancy Cartmill, Commissioner, moved to approve placing on record the minutes from the Cabell County Regional Plant Operating Committee, Inc., Regular Meetings, January 17, 2008 and February 21, 2008; Culloden Public Service, Special Meetings, February 6, 2008 and April 2, 2008, Culloden Public Service District, Regular Meetings on February 20, 2008, March 19, 2008, April 30, 2008; Great Kanawha RC&D Council, Regular Meeting, April 16, 2008; Pea Ridge Public Service District, Regular Meetings, March 10, 2008, April 14, 2008; Salt Rock Sewer Public Service District Regular Meetings January 10, 2008, January 22, 2008, February 12, 2008, February 26, 2008, March 11, 2008, March 19, 2008, March 25, 2008; Salt Rock Water Public Service District, Regular Meetings, March 11, 2008, April 22, 2008; Tri-State Airport Authority, Regular Meeting, March 20, 2008 AND OTHER DOCUMENTATION TO BE RECORDED Cabell-Huntington Health Department, Environmental Health Combined Narratives February, 2008 and March 2008; Culloden Public Service District, 2009 Annual Operating Budget for Fiscal Year Ending June 30, 2009 and The Bank of New York, Various Trust Accounts, April 30, 2008. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

William Watson, County Attorney, reminded the Commission that Thursday, June 12, 2008, at 1:00 p.m., there would be a Special Meeting to hear a matter regarding the Estate of William Nelson Worsham.

Robert L. Bailey, President, adjourned the Commission meeting at 11:10 a.m., until the next regular scheduled meeting on Thursday, June 12, 2008, at 10:00 a.m.

_______________________________________

PRESIDENT, COUNTY COMMISSION

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