COMMISSION MEETING

THURSDAY, FEBRUARY, 19, 2009

PRESENT: NANCY CARTMILL, PRESIDENT

W. SCOTT BIAS, COMMISSIONER

WILLIAM 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

ABSENT: ROBERT L. BAILEY, COMMISSIONER

Nancy Cartmill, President, called the regular 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, President, seconded the motion and the vote was unanimous.

W. Scott Bias, Commissioner, moved to approve purchase orders #09-12289 through #09-12622 and pay jackets. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

W. Scott Bias, Commissioner, moved to approve the minutes from the Board of Equalization and Review, February 2, 2009 to February 17, 2009, minutes from the January 22, 2009, regular Commission meeting. February 5, 2009, regular Commission meeting, erroneous assessments, land consolidations, split tickets and probate documentation. Nancy Cartmill, President, 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, from the Cabell County Medical Insurance Fund. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

“OPEN BIDS” TO PROVIDE FOR RADIO CONSOLES AND ASSOCIATED

RF SUBSYSTEM FOR THE E-911 CENTER

Stephen Zoeller, County Manager, informed the Commission had received two bids from the following companies:

B&C Communications, Ashland $491,283.15/Bid Bond

F&L Electronics, Huntington $699,557.74/Letter of Credit

Nancy Cartmill, President, stated the Commission would take the bids under consideration.

THURSDAY, FEBRUARY 19, 2009

PAGE TWO

“OPEN BIDS” TO PROVIDE FOR ROOF REPLACEMENT AT THE

CABELL COUNTY FARM

Mr. Zoeller stated one bid was received from the following company:

Fairfax, Inc., Chesapeake $54,800/Bid Bond

President Cartmill stated the Commission would take the bid under consideration.

“OPEN BIDS” TO PROVIDE GUTTERS, DOWNSPOUTS, SOFFIT AND

FASCIA FOR THE CAHELL COUNTY COMMISSION

Mr. Zoeller informed the Commission one bid was received from the following company:

Fairfax, Inc., Chesapeake $29,460.00/Bid Bond

President Cartmill stated the Commission would take the bid under consideration.

#052 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE PLEDGING OF

COLLATERAL BONDS BY FIRST SENTRY BANK

W. Scott Bias, Commissioner, moved to approve the pledging of collateral bonds by First Sentry. Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (A)

#053 APPEARING, PAUL E. BISER, ESQUIRE

RE: PETITION OF KYLE JOHNSON TO REMOVE AMY

ROBINSON (JOHNSON) AS ADMINISTRATRIX OF THE

ESTATE OF GALE L. JOHNSON

Paul Biser, Attorney representing Kyle Johnson, appeared before the Commission requesting that Amy Robinson Johnson be removed as Administratrix for the Estate of Gale Johnson. Mr. Biser stated that Ms. Robinson had not filed an appraisement, had committed waste of the assets, did not pay estate debts and did not pay the mortgage on the property.

Ms. Johnson stated she had filed the appraisement February 18, 2009 with the Probate office and there were two claims against the estate. Ms. Johnson further stated she was unable to make the mortgage payments and had discussed this matter with the bank.

William Watson, County Attorney, stated that since Mr. Johnson died in 2008 and the appraisement was filed yesterday, he would recommend the Commission refer this matter to a Fiduciary Commissioner to review and to send back a recommendation to the Commission.

THURSDAY, FEBRUARY 19, 2009

PAGE THREE

W. Scott Bias, Commissioner, moved to send this matter to a Fiduciary Commissioner for review and to send a recommendation to the Commission on this matter. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

#054 LETTER, STERLING LEWIS, JR., WV STATE

FIRE MARSHALL

RE: MEMORANDUM OF UNDERSTANDING BETWEEN

WEST VIRGINIA FIRE MARSHALL’S OFFICE AND

WEST VIRGINIA REGIONAL RESPONSE TEAM

W. Scott Bias, Commissioner moved to accept the memorandum of understanding between the West Virginia Fire Marshall’s Office and the West Virginia Regional Response Team. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

#055 LETTER, RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE CABELL COUNTY

COMMISSION SITTING AS A BOARD OF

EQUALIZATION AND REVIEW, FEBRUARY 2, 2009 THROUGH FEBRUARY 17, 2009

W. Scott Bias, Commissioner, moved to approve the documentation regarding the Cabell County Commission sitting as a Board of Equalization and Review from February 2, 2009 through February 17, 2009. Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (B)

#056 PROCLAMATION, CABELL COUNTY COMMISSION

RE: DECLARE MARCH 2, 2009 AS “WEST VIRGINIA

MARCH FOR MEALS DAY” AND MARCH, 2009 AS

“MARCH FOR MEALS FUNDRAISING MONTH”

W. Scott Bias, Commissioner, moved to adopt the proclamation declaring March 2, 2009 as “West Virginia March for Meals Day” and March, 2009 as “March for Meals Fundraising Month.” Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (C)

THURSDAY, FEBRUARY 19, 2009

PAGE FOUR

#057 LETTER, RESOLUTION AND GRANT CONTRACT, CABELL

COUNTY COMMISSION

RE: VICTIM ASSISTANCE GRANT RENEWAL FY 2009/2010

FOR $63,030.00

Connie Gray, Administrator of Grants, Planning and Permits, stated this was a renewal for funds to provide salaries for three full time victim advocates.

W. Scott Bias, Commissioner, moved to approve the filing of an application for a grant, in the amount of $63,030.00, for the Prosecuting Attorney’s Office to provide salaries for three victim advocates. Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (D)

#058 RESOLUTION, CABELL COUNTY COMMISSION

REAPPOINTMENT/SALT ROCK WATER PUBLIC SERVICE

W. Scott Bias, Commissioner, moved to approve the reappointment of William A. Miller as a Commissioner to the Salt Rock Water Public Service District, for a term beginning January 1, 2009 and ending December 31, 2014. Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (E)

#059 DISCUSSIONS/ACTION:

RE: APPOINTMENTS TO TRI-STATE AIRPORT

AUTHORITY BOARD OF DIRECTORS

W. Scott Bias, Commissioner, moved to table this matter until the next meeting. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

#060 RESOLUTION, CABELL COUNTY COMMISSION

RE: RECLASSIFICATION – E-911

W. Scott Bias, Commissioner, moved to approve the reclassification of Patty Attenberry, as a full time regular Telecommunicator, effective February 20, 2009, with a rate of pay of $10.87 per hour. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 19, 2009

PAGE FIVE

#061 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE ALLOCATION OF HOTEL

OCCUPANCY TAX FUNDS TO ASSOCIATION OF

WEST VIRGINIA ASSESSORS

W. Scott Bias, Commissioner, moved to approve the allocation of funds, in the amount of $1,000.00, from the Hotel Occupancy Tax Funds to the West Virginia Assessors Association. Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (F)

#062 DISCUSSION/ACTION:

RE: PAYROLL DEDUCTION POLICY

Chris Tatum, Assistant County Manager, stated that at least 10 employees would like to contribute to the United Way, however, the policy states there must be 20 employees enrolled in order for deductions to be taken from their pay checks. Mr. Tatum further stated if the policy was changed to 10 employees instead of the 20, this would allow for deductions for the United Way and would not affect any other vendors.

Nancy Cartmill, President, stated she received a letter from the County Clerk regarding the payroll deductions and she would like to work with Ms. Cole on this matter.

W. Scott Bias, Commissioner, moved to exempt only the United Way from the policy, regarding the 20 employees, since they are a charity. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

#063 DISCUSSION OF ADMINISTRATIVE FEE -

E-911 AND CCEMS

Nancy Cartmill, President, moved to eliminate the administrative fee for E-911 and CCEMS. Motion died for lack of a second.

W. Scott Bias, Commissioner, stated he wanted to see how the budget stands before he would make a decision on eliminating the fees.

#064 DISCUSSION/ACTION:

RE: APPROVAL OF SPECIAL FUNDS BUDGET REVISIONS

Stephen Zoeller, County Manager, stated there had never been a budget for Special Funds, however, with the new accounting system this could be accomplished. Mr. Zoeller went on to say the County Clerk had requested that a budget be set up for the Special Funds.

THURSDAY, FEBRUARY 19, 2009

PAGE SIX

W. Scott Bias, Commissioner, moved to approve all special funds in the future and moved to approve budget revisions for Civil Defense and CCEMS as presented. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

#065 RESOLUTION, CABELL COUNTY GENERAL FUND,

STATE BUDGET REVISION #11 FY 2008-2009

W. Scott Bias, Commissioner, moved to approve Cabell County General Fund, State Budget Revision #11. Nancy Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (G)

PLACE ON RECORD:

W. Scott Bias, Commissioner, moved to place on record the minutes from the Cabell-Huntington Convention & Visitors Bureau, Regular Meeting, January 14, 2009; Cabell County Regional Plant Operating Committee, Inc., Regular Meetings, October 16, 2008, November 20, 2008 and December 18, 2009; Culloden Public Service District, Regular Meeting, December 17, 2008, Culloden Public Service District, Special Meeting, December 10, 2008; Great Kanawha RC&D Council, Regular Meeting, January 21, 2009; Pea Ridge Public Service District, Regular Meetings, December 8, 2008, December 16, 2008 and January 12, 2009; Salt Rock Sewer Public Service District, November 10, 2008, November 25, 2008, December 9, 2008 and December 23, 2008; Salt Rock Water Public Service District, Regular Meetings, December 9, 2008 and January 13, 2009 and OTHER DOCUMENTATION TO BE RECORDED: Cabell-Huntington Health Department, Environmental Health/Threat Preparedness, Combined Narrative, September, 2008 and October, 2008, Cabell-Huntington Health Department – Clinic Report, September, 2008 and October, 2008 and The Bank of New York, Various Accounts, January 31, 2009. Nancy Cartmill, President, seconded the motion and the vote was unanimous.

William Watson, County Attorney, stated an appeal had been filed in the Supreme Court regarding Judge Pancake’s ruling regarding the Board of Equalization and Review.

Stephen Zoeller, County Manager, stated he had spoken with Windjammer regarding the discontinuance of service to parts of the county. Mr. Zoeller went on to say a complaint had been filed with the PSC and at this time Windjammer was trying to work things out and the areas were receiving service.

Nancy Cartmill, President, asked Mr. Zoeller about the imaging system for the County Clerk’s Office. Mr. Zoeller replied he would contact Ms. Cole to proceed with the project.

Nancy Cartmill, President, asked Gordon Merry, CCEMS Director, if property had been found in the Milton area for a new ambulance station.

THURSDAY, FEBRUARY 19, 2009

PAGE SEVEN

Mr. Merry replied that he and Commissioner Bias had attended a Milton Council meeting to discuss property for an ambulance station and as soon as he knew anything he would inform the Commission.

Nancy Cartmill, President, asked Mr. Merry to also start looking at other areas where ambulance calls were high with regards to building a new station. President Cartmill also requested a report for the next meeting, showing the high call areas.

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

____________________________________________

PRESIDENT, COUNTY COMMISSION

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