COMMISSION MEETING

THURSDAY, JUNE 12, 2008

PRESENT: ROBERT L. BAILEY, PRESIDENT

NANCY CARTMILL, COMMISSIONER

W. SCOTT BIAS, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

STEPHEN ZOELLER, COUNTY MANAGER

SHARON ROSS ASSISTATN COUNTY MANAGER

FOR BILLABLES AND PAYABLES

CHRIS TATUM, ASSISTANT COUNTY MANAGER

FOR PURCHASING AND PERSONNEL

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

APPROVE:

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

Nancy Cartmill, Commissioner, moved to approve purchase orders #08-6549 through #08-6983 and pay jackets. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, Commissioner, moved to approve the minutes from the April 15, 2008, Special Commission Meeting, minutes from the April 17, 2008, Regular Commission Meeting, erroneous assessments, land consolidations, 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 Company, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#148 LETTER, ADELL CHANDLER, CIRCUIT CLERK

RE: INTEREST BEARING ACCOUNT

Stephen Zoeller, County Manager, stated a letter was received from Circuit Clerk, Adell Chandler, informing the Commission her office had collected $17,160.65 in interest during the last fiscal year and that amount would be deposited in the General Fund Account.

W. Scott Bias, Commissioner, moved to approve the letter from Adell Chandler, Circuit Clerk, regarding interest earned. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JUNE 12, 2008

PAGE TWO

#149 APPEARING. KIM WOLFE, SHERIFF

RE: APPROVAL/ACCEPTANCE OF 2007 DELINQUENT TAX LIST

Tom Bell, Chief Tax Deputy, informed the Commission the 2007 delinquent tax list had been available for public inspection for over two weeks and the list had been published in two newspapers.

Nancy Cartmill, Commissioner, moved to approve the 2007 Delinquent Tax List provided by the Sheriff. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#150 LETTER, KIM WOLFE, SHERIFF

RE: EMPLOYMENT – TAX DEPARTMENT

W. Scott Bias, Commissioner, moved to approve the employment of Melissa D. Seay as a full time cashier in the Tax Department, effective June 16, 2008, with a rate of pay of $17,808.00 a year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#151 LETTER, CHRISTOPHER D. CHILES, PROSECUTING ATTORNEY

RE: EMPLOYMENT

Stephen Zoeller, County Manager, stated this salary would be totally funded from a grant that was awarded to the Prosecutor’s Office.

Nancy Cartmill, Commissioner, moved to approve the employment of Sara B. Jones as a part time Case Manager, effective June 1, 2008, with a rate of pay of $357.47 per pay period. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#152 APPEARING, BRUCE A. TONEY, ESQUIRE

Re: APPLICATION FOR ABANDONMENT OF A PORTION

OF UNUSED ROADWAY KNOWN AS PLUM DRIVE,

GUYANDOTTE DISTRICT CABELL COUNTY

Bruce Toney, Attorney representing Bonita Jefferson, appeared before the Commission to request the abandonment of an unused roadway know as Plum Drive. Mr. Toney stated this area merges into Bonnie Boulevard on the West End of Campbell Park Drive.

William Watson, County Attorney, stated the property shown on the map was in a sub-division and not being used by anyone. Mr. Watson further stated that if the Commission would approve the application for abandonment, a hearing would need to be set for this matter.

THURSDAY, JUNE 12, 2008

PAGE THREE

Nancy Cartmill, Commissioner, moved to approve the application for the abandonment of an unused roadway, known as Plum Drive, and to set a date for a Public Hearing on Thursday, July 10, 2008, at 10:00 a.m. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#153 ESTATE OF FRANCIS MCCOMAS

RE: EXECUTE ORDER AFFIRMING PRIOR ACTION

OF THE CABELL COUNTY COMMISSION

William Watson, County Attorney, stated this matter would be to execute an order for action that was taken at a previous meeting. Mr. Watson further stated it had been determined that the deceased had assets in Cabell County, therefore, the Sheriff could be appointed as the Administrator for the Estate.

Nancy Cartmill, Commissioner, moved to approve the order to appoint the Sheriff, Kim Wolfe, as the Administrator for the Estate of Francis N. McComas, Jr. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#154 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: EMPLOYMENT – E-911

W. Scott Bias, Commissioner, moved to approve the employments of Michael D. Lister, Justin T. Gray and Carlton E. Edmonds as full time, temporary Telecommunicators, effective June 16, 2008, with a rate of pay of $10.39 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, moved to approve the employment of Christen VanOoteghem as a per diem Telecommunicator, effective June 13, 2008, with a rate of pay of $10.39 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#155 RESOLUTION, CABELL COUNTY COMMISSION

RECLASSIFICATION – E-911

W. Scott Bias, Commissioner, moved to approve the reclassification of Stephanie Sowder as a full time regular Telecommunicator, effective June 16, 2008, with a rate of pay of $10.39. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JUNE 12, 2008

PAGE FOUR

#156 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF A RESOLUTION OF

PARTICIPATION AND COOPERATION WITH

THE WEST VIRGINIA LOCAL ECONOMIC

DEVELOPMENT GRANT PROGRAM

Nancy Cartmill, Commissioner, moved to approve the resolution for Participation and Cooperation with the West Virginia Local Economic Development Grant Program. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#157 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF A RESOLUTION SUPPORTING

AN APPLICATION FOR FUNDS THROUGH THE

WEST VIRGINIA DEVELOPMENT OFFICE FOR

AN ACCESS ROAD INTO THE HADCO BUSINESS

PARK AT LESAGE, WEST VIRGINIA

W. Scott Bias, Commissioner, moved to approve the matter of support for an application for funds for the construction of an access road into the HADCO Business Park, located in Lesage, West Virginia. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#158 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF A RESOLUTION APPROVING

THE BUDGET FOR FISCAL YEAR 2008-2009 CABELL-

HUNTINGTON-WAYNE HOME INVESTMENT

TRUST FUND

W. Scott Bias, Commissioner, moved to approve the budget for fiscal year 2008-2009 for the Cabell-Huntington-Wayne Home investment Trust Fund. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#159 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF APPROVING FINANCING

TERMS THROUGH FIRST SENTRY BANK FOR

THE PURCHASE OF TWO DODGE 2008 NITRO’S

Stephen Zoeller, County Manager, explained that the purchase of the two vehicles would come out of the Home Confinement budget and would be financed for five years.

THURSDAY, JUNE 12, 2008

PAGE FIVE

Nancy Cartmill, Commissioner, moved to approve the financing terms for the purchase of two vehicles for Home Confinement, from First Sentry Bank. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#160 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF ADVERTISEMENT FOR AN

INVITATION TO BID FOR REPAIR OF THE FIRE

ESCAPE STAIRS, LOCATED AT THE COURTHOUSE

Nancy Cartmill, Commissioner, moved to approve the advertisement for invitation to bid for the repair of the fire escape steps at the Courthouse. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#161 INTERGOVERNMENT AGREEMENT BETWEEN THE

CITY OF HUNTINGTON AND CABELL COUNTY

RE: 2008 EDWARD BYRNE JUSTICE ASSISTANCE

GRANT PROGRAM AWARD

Stephen Zoeller, County Manager, explained this grant would be shared between the City of Huntington and Cabell County. Mr. Zoeller went on to say the Sheriff’s Department would purchase equipment with their share of the funds.

Nancy Cartmill, Commissioner, moved to approve the intergovernmental agreement between the City of Huntington and Cabell County. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#162 LETTER, CABELL COUNTY COMMISSION

RE: RENEWAL OF CONTRACT YMCA KENNEDY CENTER

PROJECT #07-CPGP0008 – GRANT #08-593

Stephen Zoeller, County Manager, informed the Commission the YMCA Kennedy Center was requesting an extension for the expenditure of funds, due to the short period of time between the notification and the completion date.

Nancy Cartmill, Commissioner, moved to approve the renewal of a contract for the YMCA Kennedy Center for the expenditure of funds. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JUNE 12, 2008

PAGE SIX

#163 LETTER, RESOLUTION AND GRANT APPLICATION,

CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM APPLICATION MADDIE CARROLL HOUSE

PROJECT #08LEDA00075 - $500.00

Stephen Zoeller, County Manager, stated that items #163 and #164 were two separate grants but for the same project, the Maddie Carroll House.

Nancy Cartmill, Commissioner, moved to approve the application for the Community Participation Grant Program, in the amount of $500.00, for the Maddie Carroll House. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#164 LETTER, RESOLUTION, GRANT APPLICATION,

CABELL COUNTY COMMISSION

Re: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM APPLICATION MADDIE CARROLL HOUSE

PROJECT #08LEDA00045 - $2,000.00

Nancy Cartmill, Commissioner, moved to approve the application for the Community Participation Grant Program, in the amount of $2,000.00, for the Maddie Carroll House. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#165 LETTER, RESOLUTION AND GRANT APPLICATION,

CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM APPLICATION – HUNTINGTON LITTLE

LEAGUE #3 PROJECT #08LEDA0074 - $3,000.00

Stephen Zoeller, County Manager, informed the Commission the next three grants were for the same project.

W. Scott Bias, Commissioner, moved to approve the filing of an application for a grant, in the amount of $3,000.00, for Huntington Little League #3. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

THURSDAY, JUNE 12, 2008

PAGE SEVEN

#166 LETTER, RESOLUTION AND GRANT APPLICATION

CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM APPLICATION – HUNTINGTON LITTLE

LEAGUE #3 – PROJECT #08LEDA0044 - $10,000.00

W. Scott Bias, Commissioner, moved to approve the filing of an application for a grant, in the amount of $10,000.00, for Huntington Little League #3. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)

#167 LETTER, RESOLUTION AND GRANT APPLICATION

CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM APPLICATION – HUNTINGTON LITTLE

LEAGUE #3 – LAND ACQUISITION

PROJECT #08LEDA0511 - $15,000.00

W. Scott Bias, Commissioner, moved to approve the filing of an application for a grant, in the amount of $15,000.00, for Huntington Little League #3. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (J)

#168 DISCUSSION/ACTION REGARDING APPROVAL OF

2008-2009 BUDGET FOR CABELL COUNTY EMERGENCY

MEDICAL SERVICES

Nancy Cartmill, Commissioner, moved to approve the 2008-2009 Budget for Cabell County Emergency Medical Services. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#169 DISCUSSION/ACTION REGARDING APPROVAL OF

2008-2009 BUDGET FOR CABELL COUNTY EMERGENCY

RESPONSE CENTER

Nancy Cartmill, Commissioner, moved to approve the 2008-2009 Budget for Cabell County Emergency Response Center. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#170 DISCUSSION/ACTION REGARDING CABELL COUNTY’S

DAY REPORT CENTER

Nancy Cartmill, Commissioner, moved to go into Executive Session to discuss a personnel issue. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

The Commission recessed the meeting at 10:30 a.m.

THURSDAY, JUNE 12, 2008

PAGE EIGHT

The Commission reconvened the regular session at 10:40 a.m., with no action taken.

W. Scott Bias, Commissioner, moved to approve the recommendation from the Cabell County Community Criminal Justice Board, to terminate the position of Director of the Cabell County Day Report Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#171 DISCUSSION/ACTION REGARDING WEST VIRGINIA

AMERICAN WATER’S REQUEST FOR 12.37% RATE

INCREASE DATED MAY 30, 2008

Nancy Cartmill, Commissioner, moved to approve sending a letter to the West Virginia American Water Company opposing the proposed rate increase. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#172 DISCUSSION/ACTION REGARDING PAY INCREASES FOR

COUNTY EMPLOYEES

Nancy Cartmill, Commission, moved to increase the Cabell County Sheriff Deputies salaries $2,000.00 per year and to increase all other county employees $1,000.00 per year, effective July 1, 2008. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#173 RESOLUTION, GENERAL FUND, COUNTY BUDGET

REVISION #15, FY 2007-2008

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

#174 RESOLUTION, GENERAL FUND, STATE BUDGET

REVISION #16, FY 2007-2008

Nancy Cartmill, Commissioner, moved to approve General Fund, State Budget Revision #16. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (L)

William Watson, County Attorney, informed the Commission that the Special Meeting scheduled for 1:00 p.m., today would need to be continued.

Nancy Cartmill, Commissioner, moved to postpone the Special Meeting, regarding the Estate of William Nelson Worsham, until a later date. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JUNE 12, 2008

PAGE NINE

Robert L. Bailey, Commissioner, adjourned the regular meeting of the County Commission at 11:20 a.m., until the next regular scheduled meeting on Thursday, June 26, 2008, at 10:00 a.m.

___________________________________________

PRESIDENT, COUNTY COMMISSION

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