COMMISSION MEETING

THURSDAY, AUGUST 7, 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

ABSENT: CHRIS TATUM, ASSISTANT COUNTY MANAGER

FOR PURCHASING AND PERSONNEL

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 #09-7993 through #09-8320 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 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.

#253 LETTER, KIM WOLFE, SHERIFF

RE: CABELL COUNTY SHERIFF’S SETTLEMENT

JULY 1, 2007 THRU JUNE 30, 2008

W. Scott Bias, Commissioner, moved to approve the Sheriff’s Settlement for July 1, 2007 through June 30, 2008. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, AUGUST 7, 2008

PAGE TWO

#254 LETTER, KIM WOLFE, SHERIFF

EMPLOYMENT – COURTS AND PROCESS DIVISION

Nancy Cartmill, Commissioner, moved to approve the employment of Lisa Templeton as a full time clerk in Courts and Process Division, effective July 28, 2008, with a rate of pay of $25,418.16 per year. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#255 LETTER, ADELL CHANDLER, CIRCUIT CLERK

EMPLOYMENT

W. Scott Bias, Commissioner, moved to approve the employment of Kara S. Johnson as a temporary part time clerk, effective August 11, 2008. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#256 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT – E-911

Nancy Cartmill, Commissioner, moved to approve the employment of Kelly A. Robinson as a full time temporary Telecommunicator, effective September 1, 2008, with a rate of pay of $10.87 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#257 RESOLUTION, CABELL COUNTY COMMISSION

RE: RECLASSIFICATION – E-911

W. Scott Bias, Commissioner, moved to approve the reclassification of Carlton Edmunds as a full time temporary Telecommunicator/Dispatcher, effective August 8, 2008, with a rate of pay of $10.87 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#258 AUTHORIZATION OF CONTRACT FOR PURCHASE

OF TECHNICAL DISPATCH AND CLASSROOM

FURNITURE FOR EMERGENCY RESPONSE CENTER

W. Scott Bias, Commissioner, moved to approve the authorization for the purchase of technical dispatch and classroom furniture for the new E-911 Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, AUGUST 7, 2008

PAGE THREE

#259 DISCUSSION/ACTION:

RE: PERFORMANCE BOND FOR SALT ROCK

CELL TOWER

W. Scott Bias, Commissioner, moved to approve to move forward with the project for the Salt Rock Communication Tower. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#260 RESOLUTION, CABELL COUNTY COMMISSION

RE: AMENDMENT TO NOISE ORDINANCE

W. Scott Bias, Commissioner, stated this revision would take out commercial or retail sales and narrow the scope to only industrial, manufacturing, fabrication and erection, which would cover new facilities during the construction phase.

Duane Adkins, Salt Rock resident, stated there were several businesses throughout the county that were in residential areas, because of no zoning laws, and these businesses were a nuisance to the residents as they operate in the evening. Mr. Adkins further stated that by amending the ordinance, the residents would have no recourse.

Nancy Cartmill, Commissioner, stated she was opposed to exempting any group of people because you do not know what could happen.

Robert L. Bailey, President, stated the ordinance was first approved because the Sheriff’s Department had requested this in order to enforce complaints concerning loud noises.

William Watson, County Attorney, stated there was a nuisance law, which had nothing to do with the ordinance, where residents could take the matter to Circuit Court.

After a lengthy discussion, W. Scott Bias, Commissioner, moved to approve the amendment to the Noise Ordinance. Robert L. Bailey, President, seconded the motion and the vote was as follows:

Robert L. Bailey, President aye

Nancy Cartmill, Commissioner nay

W. Scott Bias, Commissioner aye

THURSDAY, AUGUST 7, 2008

PAGE FOUR

#261 LETTER, RESOLUTION AND GRANT APPLICATION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM SCOTTISH RITE CHILDHOOD

LANGUAGE COMMUNITY PROGRAM

PROJECT #08LEDA0051 - #3,000.00

Connie Gray, Administrator for Grants, Planning and Permits, informed the Commission the funds from this grant would be used for brochures, newsletters, advertising and to provide other services to children with communication disorders.

Nancy Cartmill, Commissioner, moved to approve the grant, in the amount of $3,000.00, for the Scottish Rite Childhood Language Community Program. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#262 EXECUTION OF EASEMENT AGREEMENT WITH

AMERICAN ELECTRIC POWER FOR POWER POLE

ON GALLAHER STREET PROPERTY

J. R. VanOoteghem, E-911 Systems Administrator, stated this was a standard easement agreement for the property where the new E-911 Center would be located.

William Watson, County Attorney, stated he had reviewed the agreement and found it to be in order.

W. Scott Bias, Commissioner, moved to approve the easement agreement with American Electric Power. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

#263 RESOLUTION, CABELL COUNTY COMMISSION

RE: ADDENDUM TO APPROVE ALLOCATIONS

FOR 2008-2009 HOTEL OCCUPANCY TAX

FUNDS FOR QUALIFYING PROGRAMS

Nancy Cartmill, Commissioner, moved to approve additional allocations to the Hotel Occupancy Tax Funds for 2008-2008. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#264 DISCUSSION/ACTION:

ADMINISTRATOR OF GRANTS, PLANNING AND PERMITS

W. Scott Bias, Commissioner, stated that Connie Gray, Administrator of Grants, Planning and Permits, was doing a good job with the grants and he believed she deserved a salary increase.

THURSDAY, AUGUST 7, 2008

PAGE FIVE

Nancy Cartmill, Commissioner, moved to increase Mrs. Gray’s salary to $34,000.00, effective next pay period. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#265 RESOLUTION, GENERAL FUND, STATE BUDGET

REVISION #3, FY 2008-2009

Nancy Cartmill, Commissioner, moved to approve General Fund, State Budget Revision #3. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

Robert L. Bailey, President, informed the Commission that the Public Service Commission had dismissed the petition, filed by W. Kent Carper and the Kanawha County Metro E-911, against Cabell County regarding charging for E-911 administrative fees.

J.R. VanOoteghem informed the Commission they were still working on a report that was requested by the Commission, regarding the wrecker services.

Robert L. Bailey, President, adjourned the Commission meeting at 10:55 a.m., until the next regular Commission meeting on Thursday, August 21, 2008, ay 10:00 a.m.

______________________________________

PRESIDENT, COUNTY COMMISSION

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