COMMISSION MEETING

THURSDAY, FEBRUARY 5, 2009

PRESENT: NANCY CARTMILL, PRESIDENT

ROBERT L. BAILEY, COMMISSIONER

W. SCOTT BIAS, COMMISSIONER

STEPHEN ZOELLLER, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLES AND PAYABLES

CHRIS TATUM, ASSISSTANT COUNTY MANAGER

FOR PERSONNEL AND PURCHASING

SEAN HAMMERS, ASSISTANT PROSECUTING ATTORNEY

ABSENT: WILLIAM WATSON, COUNTY ATTORNEY

Nancy Cartmill, President, called the 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 letter of support for the Museum of Radio and Technology.

W. Scott Bias, Commissioner, moved to approve amending the agenda to include the letter of support for the Museum of Radio and Technology. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, stated she would like to move item #44 and item #49 to the top of the agenda.

Robert L. Bailey, Commissioner, moved to approve moving item #44 and item #49 to the top of the agenda. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

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

Robert L. Bailey, Commissioner, moved to approve purchase orders #09-12062 through #09-12288 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 December 23, 2008, regular Commission meeting, January 8, 2009, regular Commission meeting, erroneous assessments, land consolidations, split tickets and probate documentation. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 5, 2009

PAGE TWO

Robert L. Bailey, 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. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

“OPEN BIDS” TO PROVIDE FOR RADIO CONSOLES AND ASSOCIATED

RF SUBSYSTEM FOR THE E-911 CENTER

Robert L. Bailey, Commissioner, moved to extend the time lines for accepting bids, as requested by E-911, until February 19, 2009. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#44 RENEWAL OF INTER-GOVERNMENTAL AGREEMENT

CREATING THE WESTERN REGIONAL DAY REPORT

CENTER

Christopher Dean, Day Report Center Director, gave the Commission an update on the center and stated the center had gone from 60 clients to 100 clients. Mr. Dean stated the center was fully staffed and there were several new programs being offered to the clients.

Judge Dan O’Hanlon addressed the Commission stating that he believed the Day Report Center was doing a great job of giving other options to clients instead of jail time and that Christopher Dean was an excellent Director.

W. Scott Bias, Commissioner, moved to approve the renewal of the inter-governmental agreement between the Cabell County Commission and the Wayne County Commission creating the Western Regional Day Report Center. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#49 EXECUTIVE SESSION:

RE: CONSIDERATION OF COURTHOUSE SECURITY

POLICIES AND PROCEDURES

W. Scott Bias, Commissioner, moved to go into Executive Session to discuss security policies and procedures. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

The Commission recessed the meeting at 10:15 a.m.

The Commission reconvened the meeting at 10:35 a.m., with no action taken.

THURSDAY, FEBRUARY 5, 2009

PAGE THREE

Robert L. Bailey, Commissioner, moved to approve forming a committee that included the Chief Judge or her designee, President of the Commission, Cabell County Sheriff, Cabell County Clerk and the Director of Courthouse Security to study Courthouse security policies and procedures. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#030 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF THE RELEASE OF COLLATERAL

BONDS BY FIRST SENTRY

Robert L. Bailey, Commissioner, moved to approve the release of collateral bonds by First Sentry Bank. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#031 LETTER, THOMAS W. MCCOMAS, SHERIFF

RE: CABELL COUNTY SHERIFF’S SETTLEMENT

JULY 1, 2008 THROUGH DECEMBER 31, 2008

Thomas McComas, Sheriff, informed the Commission that the Sheriff’s Settlement had been completed and Mr. Bell did not charge a fee for his services.

W. Scott Bias, Commissioner, moved to accept the Sheriff’s Settlement for July 1, 2008 through December 31, 2008. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#032 LETTER, THOMAS W. MCCOMAS, SHERIFF

RE: CABELL COUNTY TAX COLLECTION

LEGAL REPRESENTATION AGREEMENT

W. Scott Bias, Commissioner, moved to approve the agreement between the Cabell County Commission, the Sheriff, the Assessor and David Tyson for the purpose of collecting delinquent taxes. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#033 LETTER, CHRISTOPHER CHILES,

PROSECUTING ATTORNEY

RE: EMPLOYMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Stephen A. Kern as a Victim Advocate, effective February 5, 2009, with a rate of pay of $20,000 per year. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 5, 2009

PAGE FOUR

#034 APPEARING, AUDY M. PERRY, JR., ESQUIRE

RE: PETITION TO APPROVE FINAL ACCOUNTING

AND RELEASE ESTATE OF ROBERT GOLDENBERG

Audy Perry, Attorney, appeared before the Commission to request approval of final accounting and to release the Estate of Robert Goldenberg, due to debts exceeding the assets.

Robert L. Bailey, Commissioner, moved to accept the final accounting and to release the Estate of Robert Goldenberg. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#035 APPEARING, AUDY M. PERRY, JR., ESQUIRE

RE: PETITION TO APPROVE FINAL ACCOUNTING AND

RELEASE ESTATE OF DOUGLAS K. CROCKETT

Audy Perry, Attorney, appeared before the Commission requesting approval of final accounting and to release the Estate of Douglas K. Crockett, due to debts exceeding the assets.

Robert L. Bailey, Commissioner, moved to approve the final accounting and to release the Estate of Douglas K. Crockett. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

William Watson, County Attorney, joined the meeting at 10:45 a.m.

#036 APPEARING, PAUL E. BISER, ESQUIRE

RE: PETITION OF KYLE JOHNSON TO REMOVE

AMY ROBINSON (JOHNSON) AS ADMINISTRATRIX

OF THE ESTATE OF GALE JOHNSON

Sean Hammers, Assistant Prosecuting Attorney, stated Mr. Biser was unsure if Amy Robinson had received notice of this hearing, therefore, he would recommend that the Commission rescheduled this item.

W. Scott Bias, Commissioner, moved to table this item regarding the Estate of Gail Johnson. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 5, 2009

PAGE FIVE

#037 APPEARING, TAMMY EDWARDS, COMMITTEE

ADMINISTRATOR, CABELL COUNTY SHERIFF’S OFFICE

RE: PETITION AND ORDER TO RELEASE CLAIMS FILED

AGAINST ESTATE OF GREGORY DALE REYNOLDS

Tammy Edwards, Committee Administrator, stated there were insufficient assets to pay claims and the creditor was currently out of business, therefore, she was requesting the Commission release the estate.

W. Scott Bias, Commissioner, moved to approve the petition and order to release claims against the Estate of Gregory Dale Reynolds. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#038 APPEARING, JESSICA ALSOP, STEPTOE & JOHNSON

RE: PUBLIC HEARING REGARDING CONSIDERATION

OF A RESOLUTION AUTHORIZING THE ISSUANCE

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

AMOUNT OF COMMERCIAL DEVELOPMENT

REVENUE BONDS AND THE LOAN OF THE BOND

PROCEEDS TO CABELL HUNTINGTON HOSPITAL, INC., TO REFINANCE THE COST OF CAPITAL

IMPROVEMENTS TO AND EQUIPMENT FOR

THE HOSPITAL

Nancy Cartmill, President, asked if there were any objections for the proposed bond resolution and as there were no objections, President Cartmill closed the public hearing.

Robert L. Bailey, Commissioner, moved to approve the resolution authorizing the issuance of commercial development revenue bonds, of not more then $6,500,000, and the loan of the bond proceeds for Cabell Huntington Hospital. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#039 LETTER, C.A. ADAMS, SECURITY DIRECTOR

FOR THE COURTHOUSE

RE: EMPLOYMENT

W. Scott Bias, Commissioner, moved to approve the employment of Jack Arrowood, as a Security Guard, effective February 9, 2009, with a rate of pay of $11.13 per hour. Robert L. Bailey, Commissioner seconded the motion and the vote was unanimous.

THURSDAY, FEBRUARY 5, 2009

PAGE SIX

#040 RESOLUTION, CABELL COUNTY COMMISSION

RE: IN THE MATTER OF AN ADVERTISEMENT FOR BIDS TO PROVIDE THREE (3) 2009 OR NEWER FORD E350 TYPE II TWO REAR WHEEL DRIVEN (4X2) AND TWO

OR NEWER FORD NARROW TYPE III TWO REAR

DRIVEN (4X2) AMBULANCES

W. Scott Bias, Commissioner, moved to approve the advertisement for bids for three 2009 or newer Ford E350 type II two rear wheel driven 4x2 and two 2009 or newer Ford narrow type III two rear driven (4x2) ambulances. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#041 RESOLUTION, CABELL COUNTY COMMISSION

RE: RECLASSIFICATIONS – CCEMS

Robert L. Bailey, Commissioner, moved to approve the reclassification of Nicole Suzane Rowe as a full time temporary EMT, effective February 6, 2009, with a rate of pay of $7.29 per hour and reclassification of Jonathan L. Calhoun as a full time Paramedic, effective February 6, 2009, with a rate of pay of $10.35 per hour. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#042 LETTER, CABELL COUNTY COMMISSION

RE: WEST VIRGINIA COUNTY RECORDS MANAGEMENT

AND PRESERVATION GRANT PROGRAM INTENT TO

PURSUE FUNDS - $25,000.00

Connie Gray, Administrator of Grants, Planning and Permits, stated this would be for the microfilming and digitizing of deed books in the County Clerk’s office.

Robert L. Bailey, Commissioner, moved to approve the letter of intent to the West Virginia Records Management and Preservation Grant Program for funds in the amount of $25,000. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#043 AGREEMENT BETWEEN CABELL COUNTY COMMISSION

AND ADMINISTRATIVE OFFICE OF THE COURTS

RE: DEPUTY MAGISTRATE CLERK FOR WORTHLESS CHECK FUND

Stephen Zoeller, County Manager, stated this agreement, requested by the West Virginia Supreme Court, would be for compensation of $10.00 per hour instead of $8.00 per hour.

THURSDAY, FEBRUARY 5, 2009

PAGE SEVEN

Robert L. Bailey, Commissioner, moved to approve the agreement between the Cabell County Commission and the Administrative Office of the Courts regarding the Worthless Check Fund Clerk. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

#045 RESOLUTION, CABELL COUNTY COMMISSION

APPOINTMENT – DAY REPORT CENTER

W. Scott Bias, Commissioner, moved to approve the appointment of Jeremy Bailey to the Western Regional Day Report Center Board of Directors, for a term beginning immediately and ending June 30, 2010. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#046 AWARD OF BID TO OBTAIN ORTHORECTIFIED AERIAL

IMAGERY AND LIDAR DIGITAL ELEVATION MODEL

DATA FOR CABELL COUNTY

J.R. VanOoteghem, E-911 Assistant Director of Technology, informed the Commission that four bids were received, with only two companies meeting the specs, and the recommendation would be to award the bid to Woolpert, Inc.

W. Scott Bias, Commissioner, moved to approve awarding the bid to Woolpert, Inc., Dayton, Ohio, for the Orthorectified Aerial Imagery and LIDAR Elevation Model Data, in the amount of $120,000, and to allow the President of the Commission to sign documentation. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#047 LETTER, CABELL COUNTY COMMISSION

RE: APPROVAL OF MOUNTAIN STATE BLUE CROSS/

BLUE SHIELD HEALTH INSURANCE CONTRACT

Stephen Zoeller, County Manager, stated the proposal for re-insurance was increased 4% and the administration fee increased from $32.50 per person to $33.75.

Robert L. Bailey, Commissioner, moved to approve the Mountain State Blue Cross & Blue Shield Health Insurance Contract, effective February 1, 2009. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#048 AGREEMENT, CABELL COUNTY COMMISSION

RE: USE OF COURTHOUSE GROUNDS PERMIT

EASTER EGG HUNT – CENTRAL FREEWILL BAPTIST

CHURCH – APRIL 11, 2009 FROM 12:00 - 2:00 P.M.

THURSDAY, FEBRUARY 5, 2009

PAGE EIGHT

W. Scott Bias, Commissioner, moved to approve the use of Courthouse grounds by the Central Freewill Baptist Church for an Easter Egg Hunt on April 11, 2009 from 12:00 Noon to 2:00 p.m. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#050 RESOLUTION, CABELL COUNTY GENERAL FUND,

COUNTY BUDGET REVISION #8 FY 2008-2009

W. Scott Bias, Commissioner, moved to approve General Fund County Budget Revision #8. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

#051 THE MUSEUM OF RADIO & TECHNOLOGY, INC.

RE: LETTER OF SUPPORT FOR GRANT

W. Scott Bias, Commissioner, moved to approve the letter of support for the Museum of Radio & Technology to apply for a grant. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, President, adjourned the meeting at 11:20 a.m., until the next scheduled meeting on Thursday, February 19, 2009, at 10:00 a.m.

_____________________________________________

PRESIDENT, COUNTY COMMISSION

KSC:ar