COMMISSION MEETING

THURSDAY, JANUARY 22, 2009

PRESENT: NANCY CARTMILL, PRESIDENT

ROBERT L. BAILEY, COMMISSIONER

W. SCOTT BIAS, COMMISSIONER

STEPHEN ZOELLER, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLES AND PAYABLES

CHARIS TATUM, ASSISTANT COUNTY MANAGER

FOR PERSONNEL AND PURCHASING

SEAN HAMMERS, ASSISTANT PROSECUTING ATTORNEY

ABSENT: WILLIAM WATSON, COUNTY ATTORNEY

Nancy Cartmill, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.

APPROVE:

Stephen Zoeller, County Manager, informed the Commission that an item needed to be added to the agenda regarding a payroll adjustment for transferred employees at the Day Report Center.

Robert L. Bailey, Commissioner, moved to approve amending the agenda to include the item regarding the Day Report Center. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, Commissioner, moved to approve the agenda as presented. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, move to approve purchase orders #09-11654 through #09-12061 and pay jackets. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

W. Scott Bias, Commissioner, moved to approve 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, 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.

THURSDAY, JANUARY 22, 2009

PAGE TWO

“OPEN BIDS” TO PROVIDE RADIO CONSOLES AND ASSOCIATED RF

SUBSYSTEM FOR THE E-911 CENTER

Mike Davis, E-911 Director, informed the Commission that during the pre-bid hearing the vendors had requested extra time in order to prepare their bids, therefore, he would like the Commission to consider opening the bids at the next meeting.

Robert L. Bailey, Commissioner, moved to postpone opening bids for the radio consoles and associated RF subsystem for the new E-911 Center until the next meeting on February 5, 2009. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#006 LETTER, THOMAS W. MCCOMAS, SHERIFF

RE: EMPLOYMENT – EXECUTIVE SECRETARY

W. Scott Bias, Commissioner, moved to approve the employment of Bethany S. Ross as an Executive Secretary, effective February 15, 2009, with a rate of pay of $35,000.00 per year. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#007 LETTER, CHRIS CHILES, PROSECUTING ATTORNEY

RE: REQUEST FOR A NEW DATABASE SYSTEM TO

TRACK CASES IN THE PROSECUTING ATTORNEY’S OFFICE

Chris Chiles, Prosecuting Attorney, stated his office was requesting the new system in order to track the progress of their cases and to move them as quickly as possible.

Robert L. Bailey, Commissioner, moved to approve the purchase of a new database system for the Prosecuting Attorney’s office. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#008 LETTER, HONORABLE PAUL TURMAN, MAYOR,

BARBOURSVILLE

RE: REQUEST FOR ANNEXATION OF PART OF

RIDGEVIEW AND VILLAGE VIEW SUBDIVISIONS

BARBOURSVILLE, CABELL COUNTY, WV

Chris Tatum, Assistant County Manager, stated that the roadway on Ridgeview and Village View were already in the city limits and now they would like to annex the houses. Mr. Tatum further stated the home owners had signed a petition for annexation.

THURSDAY, JANUARY 22, 2009

PAGE THREE

W. Scott Bias, Commissioner, moved to approve the annexation of part of Ridgeview and Village View Subdivisions into the Barboursville Village Limits. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#009 APPEARING, TAUNJA WILLIS-MILLER, ESQUIRE

RE: CONSIDERATION OF AN INDUCEMENT RESOLUTION

PRELIMINARILY AUTHORIZING THE ISSUANCE OF

NOT MORE THAN $6,500,000 IN PRINCIPAL AMOUNT

OF COMMERICAL DEVELOPMENT REVENUE BONDS

AND THE LOAN OF THE BOND PROCEEDS TO

CABELL HUNTINGOTN HOSPITAL, INC., TO

PERMANENTLY FINANCE THE COST OF CAPITAL

IMPROVEMENTS TO THE HOSPITAL

Taunja Willis-Miller, Attorney representing Cabell Huntington Hospital, stated the hospital was requesting to issue bonds in order to pay off a bridge loan. Ms. Willis-Miller further stated the County Commission would not have any financial liability or obligation in the issuance of bonds.

Robert L. Bailey, Commissioner, moved to approve the request from Cabell Huntington Hospital for the issuance, not more then $6,500,000.00, in principal amount of commercial development revenue bonds. W. Scott Bias, Commissioner seconded the motion and the vote was unanimous. Exhibit (A)

#010 LETTER REQUESTING THAT THE CABELL COUNTY

COMMISSION APPOINT THE SHERIFF AS THE

ADMINISTRATOR IN THE ESTATE OF DEE DEE

MCALISTER

Stephen Zoeller, County Manager, stated that a will had been filed with an Executor named, however, the Executor had declined to serve.

Sean Hammers, Attorney, stated the Commission should have a copy of the will to review and a signed document from the Executor regarding his refusal to serve.

W. Scott Bias, Commissioner, moved to approve appointing the Sheriff as the Administrator in the Estate of Dee Dee McAlister, upon receipt of documentation from the Executor regarding his refusal to serve and a review of the will. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JANUARY 22, 209

PAGE FOUR

#011 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF PROMULGATING RULES

FOR BEST VALUE PROCUREMENT FOR

COMPETIVE BIDS PURSUANT TO WEST

VIRGINIA STATE CODE §7-1-11

Stephen Zoeller, County Manager, stated this would be for a procedure for competitive bids pursuant to West Virginia Code § 7-1-11 for purchasing. Mr. Zoeller further stated this would enable the county to utilize the best value procurement and not necessarily the lowest bid.

W. Scott Bias, Commissioner, moved to adopt the promulgating rules for best value procurement for competitive bids. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#012 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF AN ADVERTISEMENT TO BID

TO OBTAIN ORTHORECTIFIED AERIAL IMAGERY

AND LIDAR DIGITAL ELEVATION MODEL DATA

FOR CABELL COUNTY

J.D. Adkins, Assessor’s office, stated this project was a joint effort with E-911 and the Assessor’s office for better aerial photography. Mr. Adkins further stated the cost, of approximately $100,000, would be paid by the Assessor’s office, E-911 and United States Geological Survey (USGS).

W. Scott Bias, Commissioner, moved to approve the advertisement of bids for proposals for Orthorectified Aerial Imagery and Lidar Digital Elevation Model Data. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#013 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF AN ADVERTISEMENT TO BID

FOR ROOF REPLACEMENT AT THE CABELL

COUNTY FARM

Robert L. Bailey, Commissioner, moved to approve the advertisement to bid for roof replacement at the Cabell County Farm. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

THURSDAY, JANUARY 22, 2009

PAGE FIVE

#014 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF AN ADVERTISEMENT TO BID

FOR GUTTERS, DOWNSPOUTS, SOFFIT AND FASCIA

FOR THE CABELL COUNTY FARM

W. Scott Bias, Commissioner, moved to approve the advertisement to bid for gutters, downspouts, soffits and fascia for the Cabell County Farm. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#015 AWARD OF BID TO REPLACE THE CABELL COUNTY

COURTHOUSE FIRE ESCAPE

W. Scott Bias, Commissioner, moved to approve awarding the bid to American Building Systems, Inc., Scott Depot, West Virginia, in the amount of $195,000.00, for replacement of the Courthouse fire escape. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#016 DISCUSSION/ACTION:

RE: FUNDING FOR LOCAL/INFRASTRUCTURE PROJECTS

FROM PROPOSED ECONOMIC DEVELOPMENT AND

FEDERAL STIMULUS RECOVERY PLAN

Robert L. Bailey, Commissioner, moved to approve on moving forward with a plan for funds for local infrastructure projects from the proposed economic development and federal stimulus recovery plan. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#017 REQUEST FROM PEA RIDGE PUBLIC SERVICE DISTRICT

FOR AERIAL PHOTOGRAPHS

The Commission discussed the request from the Pea Ridge Public Service District for an aerial mapping regarding sewer service to the HADCO property and homes in the area. It was determined that agenda item #012 would be able to provide this work.

#018 LETTER, RESOLUTION AND GRANT CONTRACT

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM THANKS, PLAIN AND SIMPLE

$2,500.00 PROJECT #08LEDA0057

W. Scott Bias, Commissioner, moved to approve the grant contract, in the amount of $2,500.00, for Thanks. Plain and Simple, from the Community Participation Grant Program. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

THURSDAY, JANUARY 22, 2009

PAGE SIX

#019 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: REAPPOINTMENT – BUILDING COMMISSION

Robert L. Bailey, Commissioner, moved to approve the reappointment of Charles Webb to the Cabell County Building Commission, for a term beginning immediately and ending December 4, 2012. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

The Commission did not take action on the second appointment for the Building Commission.

#020 RESOLUTION, CABELL COUNTY COMMISSION

RE: REAPPOINTMENT – AIRPORT AUTHORITY

W. Scott Bias, Commissioner, moved to approve the reappointment of J.R. Blankenship to the Cabell County Airport Authority, for a term beginning immediately and ending February 7, 2009. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

#021 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: REAPPOINTMENTS – LANDMARKS COMMISSION

Robert L. Bailey, Commissioner, moved to approve the reappointments of Carolyn Bagby and Margaret Mary Layne to the Historical Landmarks Commission, for terms beginning February 1, 2009 and ending January 31, 2012. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)

#022 RESOLUTION, CABELL COUNTY COMMISSION

APPOINTMENT – DAY REPORT CENTER

W. Scott Bias, Commissioner, moved to approve the appointment of Sheriff Thomas McComas to the Western Regional Day Report Center, for a term beginning immediately and ending December 30, 2012. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (J)

THURSDAY, JANAURY 22, 2009

PAGE SEVEN

#023 RESOLUTIONS, CABELL COUNTY COMMISSION

RE: REAPPOINTMENTS – E-911 ADVISORY BOARD

RE: APPOINTMENT – E-911 ADVISORY BOARD

Robert L. Bailey, Commissioner, moved to approve the reappointments of A. Gordon Merry, III and Dale Stephens to the Consolidated Communications Emergency Board (E-911), for terms beginning immediately and ending June 30, 2010. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (K)

W. Scott Boas, Commissioner, moved to approve the appointment of W.H. “Skip” Holbrook to the Consolidated Communications Emergency Board, for a term beginning immediately and ending February 26, 2010. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (K)

#024 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENT – DEPUTY SHERIFF’S CIVIL SERVICE

Robert L. Bailey, Commissioner, moved to approve the appointment of Charles McComas and the reappointment of John Sears, nominated by the Cabell County Bar Association, to the Sheriff’s Civil Service Commission, with Mr. McComas’s term beginning February 1, 2009 and ending January 31, 2013. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (L)

Robert L. Bailey, Commissioner, requested the record show that, by state law, the Civil Service Commission must have one Democrat and one Republican on the Board. Commissioner Bailey went on to say that Charles McComas was a Democrat and John Sears was a Republican.

#025 PARTICIPATION, VERIFICATION AND CERTIFICATION

RE: MATCHING FUNDS - MUSEUM OF RADIO

TECHNOLOGY

W. Scott Bias, Commissioner, moved to table this item until the February 5, 2009 as more information was needed. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JANAURY 22, 2009

PAGE EIGHT

#026 DISCUSSION/ACTION:

RE: REPLACEMENT OF TELEVISION AT FAIRFILED

COMMUNITY SENIOR CENTER

Robert L. Bailey, Commissioner, stated the television at the Fairfield Community Center was stolen and he had requested the center get three bids in order to purchase a new television. Commissioner Bailey further stated the low bid was for $741.00 and the funds would come from the Senior Citizen Excess Levy.

Robert L. Bailey, Commissioner, moved to approve funds, in the amount of $741.00, from the Senior Citizen Excess Levy, for the purchase of a new television for the Fairfield Community Senior Center. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#027 EXECUTIVE SESSION

RE: CONSIDERATION OF COURTHOUSE SECURITY

POLICIES AND PROCEDURES

W. Scott Bias, Commissioner, moved to go into Executive Session for consideration of Courthouse Security Policies and Procedures. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Curtis Johnson, Herald Dispatch Reporter, objected to the Commission going into Executive Session on the grounds that this does not fall within the exception of State Code.

Sean Hammers, Assistant Prosecuting Attorney, stated the Commission was within their rights to go into Executive Session.

The Commission recessed the meeting at 10:50 a.m.

The Commission reconvened the regular session at 11:06 a.m., with no action taken.

#028 RESOLUTION, CABELL COUNTY GENERAL FUND,

STATE BUDGET REVISION #10 FY 2008-2009

Robert L. Bailey, Commissioner, moved to approve Cabell County General Fund State Budget Revision #10. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (M)

THURSDAY, JANAURY 22, 2009

PAGE NINE

#029 WESTERN REGIONAL DAY REPORT CENTER

RE: PAYROLL ADJUSTMENT

Stephen Zoeller, County Manager, stated that since the Cabell County Day Report Center employees were being transferred to the Wayne County payroll, the Commission had been requested for a one time payroll adjustment.

Robert L. Bailey, Commissioner, moved to approve a one time payroll adjustment for the two (2) employees of the Day Report Center. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, Commissioner, asked Gordon Merry, CCEMS Director, for an update on property for a new ambulance station in the east end of the county.

Mr. Merry informed the Commission that at this time he was still looking for property and talking with people. Mr. Merry also told the Commission he had to be very careful when considering property because of the flooding issues in the Milton area.

PLACE ON RECORD:

Robert L. Bailey, Commissioner, moved to approve placing on record the minutes from the Culloden Public Service District, Regular Meeting, November 19, 2008, Culloden Public Service District, Special Meeting, November 5, 2008; Tri-State Airport Authority, Regular Meeting, November 20, 2008 and OTHER DOCUMENTATION TO BE RECORDED: Cabell County Public Library, Independent Auditor’s Report and Related Financial Statements for the Year Ended June 30, 2008 and The Bank of New York Various Trust Accounts, December 31, 2008. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, President, adjourned the Commission meeting at 11:30 a.m., until the next regular scheduled meeting on Thursday, February 5, 2009, at 10:00 a.m.

_____________________________________________

PRESIDENT, COUNTY COMMISSION

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