COMMISSION MEETING

COMMISSION MEETING

THURSDAY, MAY 28, 2009

PRESENT: NANCY CARTMILL, PRESIDENT

ROBERT L. BAILEY, COMMISSIONER

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

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

Robert L. Bailey, Commissioner, moved to approve purchase orders #09-14604 through #09-14959 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 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” IMAGING AND INDEXING SYSTEM – CABELL COUNTY

CLERK’S OFFICE

Stephen Zoeller, County Manager, opened the following sealed bids for the imaging and indexing system for the County Clerk’s Office:

1. Champion Industries, West Virginia $143,511.60

2. Cott Systems, Ohio $117,094.00

3. CSSI, West Virginia $118,000.00

4. ACS, Texas $111,250.00

Mr. Zoeller stated that all the companies had submitted bid bonds or a cashier’s check.

THURSDAY, MAY 28, 2009

PAGE TWO

Robert L. Bailey, Commissioner, moved to take the bids under advisement. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

“PUBLIC HEARING” RE: ABANDONMENT OF AN UNUSED CUL-DE-SAC

LOCALLY KNOW AS MOBILE CITY ROAD,

BARBOURSVILLE DISTRICT, CABELL COUNTY

Bruce Toney, Attorney for Dennis R. Johnson, II, appeared before the Commission requesting the abandonment of an unused cul-de-sac, locally known as Mobile City Road. Mr. Toney stated this item had been advertised and notices had been sent to adjoining property owners regarding the public hearing.

Nancy Cartmill, President, asked if there were any objections to the proposed abandonment. There being no objections, President Cartmill closed the public hearing.

W. Scott Bias, Commissioner, moved to approve the abandonment of an unused cul-de- sac, locally known as Mobile City Road Way. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#168 APPEARING, RICHARD HARTMAN, SENIOR

PARTNERSHIP SPECIALIST

RE: 2010 U.S. CENSUS IN WEST VIRGINIA

Richard Hartman, Senior Partnership Specialist with the 2010 U.S. Census, gave the Commission information regarding the 2010 census. Mr. Hartman spoke on the importance of residents filling out and returning the paper work to the census bureau because Federal Funds and Congressional Appointments were determined, based upon the census report.

#169 LETTER, THOMAS W. MCCOMAS – SHERIFF

RE: APPROVAL/ACCEPTANCE OF 2008 DELINQUENT

TAX LIST

W. Scott Bias, Commissioner, moved to approve and accept the 2008 Delinquent Tax List from the Cabell County Tax Department. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#170 OTTIE ADKINS, ASSESSOR

RE: CERTIFICATION OF LAND BOOKS

CERTIFICATIONS FOR REAL ESTATE AND

PERSONAL PROPERTY

THURSDAY, MAY 28, 2009

PAGE THREE

W. Scott Bias, Commissioner, moved to approve the certification of land books and the certifications for real estate and personal property. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#171 LETTER, THOMAS W. MCCOMAS, SHERIFF

RE: EMPLOYMENT – LAW ENFORCEMENT

Robert L. Bailey, Commissioner, moved to approve the employment of Jacob Bailey as a full time Deputy Sheriff, effective June 1, 2009, with a rate of pay of $2,521.74 per month. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#172 LETTER, CHRISTOPHER CHILES, PROSECUTING

ATTORNEY

RE: EMPLOYMENT

W. Scott Bias, Commissioner, moved to approve the employment of Kent Bryson as a full time Assistant Prosecuting Attorney, effective June 8, 2009, with a rate of pay of $52,500.00 per year. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#173 RESOLUTION, CABELL COUNTY COMMISSION

RE: ON-LINE GRANT REQUEST FOR BULLETPROOF

VESTS FOR SHERIFF’S DEPARTMENT

Connie Gray, Administrator for Grants, Planning and Permits, stated this grant would be for the purchase of bullet proof vests for the swat team.

W. Scott Bias, Commissioner, moved to approve the on-line grant request for bulletproof vests for the Sheriff’s Department. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)

#174 LETTER, RESOLUTION, APPLICATION - CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM CABELL-HUNTINGTON COALITION FOR

HOMELESS PROJET #09LEDA0055 - $9,500.00

Connie Gray, Administrator of Grants, Planning and Permits, explained grant applications #174 through #187 and how the funds would be used.

Mrs. Gray stated the funds from this grant would be used for materials and landscaping for Vanity Fair.

THURSDAY, MAY 28, 2009

PAGE FOUR

W. Scott Bias, Commissioner, moved to approve the grant application for funds, in the amount of $9,500.00, for Huntington Coalition for the Homeless. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

#175 LETTER, RESOLUTION, APPLICATION - CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM KENNEDY YMCA CENTER

PROJECT #09LEDA0066 - $500.00

Mrs. Gray stated the funds for item #175 and item #176 would be used for the construction of recreation sport fields, purchase supplies and materials for landscaping and gravel.

W. Scott Bias, Commissioner, moved to approve the grant application for funds, in the amount of $500.00, for the Huntington YMCA Kennedy Center. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)

#176 LETTER, RESOLUTION, APPLICATION - CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM HUNTINGTON YMCA KENNEDY CENTER

PROJECT #09LEDA0058 - $5,000.00

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $5,000.00, for the Huntington YMCA Kennedy Center. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)

#177 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM TRI-STATE YOUTH ORCHESTRA

PROJECT #09LEDA0077 - $2,000.00

Mrs. Gray informed the Commission the funds from this grant would be used for the purchase of percussion equipment, instrument repair and new music for students ages 12-19.

W. Scott Bias, Commissioner, moved to approve the grant application for funds, in the amount of $2,000.00, for the Tri-State Youth Orchestra. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)

THURSDAY, MAY 28, 2009

PAGE FIVE

#178 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM MADIE CARROLL HOUSE

PROJECT #09LEDA0068 - $6,500.00

Mrs. Gray stated the funds from this grant would be used to purchase lumber, sheeting, shingles, sealer, electric heaters and their installation.

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $6,500.00, for the Madie Carrol House. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)

#179 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM ARTS RESOURCES FOR THE TRI-STATE

PROJECT #09LEDA0053 - $3,000.00

Mrs. Gray informed the Commission that the funds from this grant would be used for repairs and renovation to the facility.

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $3,000.00, for the Arts Resources for the Tri-State. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)

#180 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM SCOTTISH RITE CHILDREN’S LANGUAGE

PROGRAM PROJECT #09LEDA0074 - $1,000.00

Mrs. Gray stated the funds from this grant would be used for the purchase of supplies and equipment.

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $1,000.00, for the Scottish Rite Children’s Language Program. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)

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PAGE SIX

#181 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM THANKS, PLAIN & SIMPLE

PROJECT #09LEDA0076 - $1,500.00

Mrs. Gray informed the Commission the funds from this grant would be used for supplies and equipment.

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $1,500.00, for the Thanks, Plain & Simple Program. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)

#182 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM MOUNTAIN STATE CENTER FOR

INDEPENDENT LIVING PROJECT #09LEDA0070

$1,500.00

Mrs. Gray stated the funds from grant item #182 and grant item #183 would be used to purchase ADA Kids Brochures to educate children on disability issues and for the purchase of computers.

W. Scott Bias, Commissioner, moved to approve grant application, in the amount of $1,500.00, for the Mountain State Center for Independent Living. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (J)

#183 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNTIY PARTICIPATION GRANT

PROGRAM MOUNTAIN STATE CENTER FOR INDEPENDENT LIVING PROJECT #09LEDA0069

$5,000.00

W. Scott Bias, Commissioner, moved to approve grant application, in the amount of $5,000.00, for the Mountain State Center for Independent Living. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (K)

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PAGE SEVEN

#184 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM PAUL AMBROSE TRAIL

PROJECT #09LEDA0071 - $17,000.00

Mrs. Gray stated the funds from this grant would be used for land acquisition, trail development, surfacing and signage.

W. Scott Bias, Commissioner, moved to approve grant application, in the amount of $17,000.00, for the Paul Ambrose Trail Program. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (L)

#185 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM EBENEZER MEDICAL OUTREACH

PROJECT #09LEDA0064 - $3,000.00

Mrs. Gray informed the Commission the funds from this grant would used to purchase supplies, equipment, materials, brochures, books and monitoring devices for blood glucose levels and blood pressure.

W. Scott Bias, Commissioner, moved to approve grant application, in the amount of $3,000.00, for the Ebenezer Medical Outreach Program. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (M)

#186 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM CABELL COUNTY COMMUNITY SENIORS

ORGANIZATION PROJECT #09LEDA0008 - $5,000.00

Mrs. Gray stated the funds from item #186 and item #187 would be used for the purchase of paint, lighting and repairs to the center and the purchase equipment at the Underwood Center.

W. Scott Bias, Commissioner, moved to approve grant application, in the amount of $5,000.00, for the Cabell County Community Seniors Program Organization. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (N)

THURSDAY, MAY 28, 2009

PAGE EIGHT

#187 LETTER, RESOLUTION, APPLICATION – CABELL

COUNTY COMMISSION

RE: FY 2009 COMMUNITY PARTICIPATION GRANT

PROGRAM CABELL COUNTY COMMUNITY SENIORS

ORGANIZATION PROJECT #09LEDA0056 - $10,000.00

W. Scott Bias, Commissioner, moved to approve the grant application, in the amount of $10,000.00, for the Cabell County Community Seniors Organization. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (O)

#188 LETTER, CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM RENEWAL OF CONTRACT – ARTS

RESOURCES FOR THE TRI-STATE

PROJECT #09LEDA0048 - $10,000.00

Connie Gray, Administrator for Grants, Planning and Permits, stated items #188 through items #192 would be the renewal of the 2008 Community Participation Grant Programs.

W. Scott Bias, Commissioner, moved to approve the renewal of a grant contract, in the amount of $10,000.00, for the Arts Resources for the Tri-State. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#189 LETTER, CABELL COUNTY COMMISSION

RE: FY 2007 COMMUNITY PARTICIPATION GRANT

PROGRAM RENEWAL OF CONTRACT – THANKS,

PLAIN & SIMPLE PROJECT #07LEDA0042 - $4,500.00

W. Scott Bias, Commissioner, moved to approve the renewal of a grant contract, in the amount of $4,500.00, for the Thanks, Plain & Simple Project. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#190 LETTER, CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM RENEWAL OF CONTRACT – THANKS,

PLAIN & SIMPLE PROJECT #08LEDA0057 - $2,500.00

W. Scott Bias, Commissioner, moved to approve the renewal of a grant contract, in the amount of $2,500.00, for the Thanks, Plain & Simple Project. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, MAY 28, 2009

PAGE NINE

#191 LETTER, CABELL COUNTY COMMISSION

RE: FY 2007 COMMUNITY PARTICIPATION GRANT

PROGRAM RENEWAL OF CONTRACT – OPERATION

B.E.S.T. PROJECT #07LEDA0040 - $5,000.00

W. Scott Bias, Commissioner, moved to approve the renewal of a grant contract, in the amount of $5,000.00, for Operation B.E.S.T. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#192 LETTER, CABELL COUNTY COMMISSION

RE: FY 2008 COMMUNITY PARTICIPATION GRANT

PROGRAM RENEWAL OF CONTRACT – OPERATION

B.E.S.T. PROJECT#08LEDA0041 - $5,000.00

#193 NOTICE OF AWARD OF BID AND AGREEMENT FOR

RESTORATION OF STONEWORK ON 8^TH STREET SIDE

OF THE CABELL COUNTY COURTHOUSE

RE: GENERAL RESTORATION INC. – BASE BID PLUS

ALTERNATES 3 & 4

Connie Gray, Administrator of Grants, Planning and Permits, stated that this project would complete the restoration on the outside of the Courthouse. Mrs. Gray further stated that alternate #3 dealt with cutting a section out and replacing with concrete and alternate #4 dealt with the addition of handrails.

Robert L. Bailey, Commission, asked what fund the matching money would be taken from and Commissioner Bailey was told the funds would be taken from the Capitol Building Fund.

Robert L. Bailey, Commissioner, moved to award the bid and to sign the agreement for the restoration of the 8^th Street side of the Courthouse to General Restoration for a total amount of $115,240.00. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, MAY 28, 2009

PAGE TEN

#194 DISCUSSION/ACTION: CABELL COUNTY, WEST VIRGINIA

200^TH ANNIVERSARY AND CONTRIBUTION TO CABELL

COUNTY HISTORIC LANDMARK COMMISSION

W. Scott Bias, Commissioner, moved to approve funding, up to $5,000.00, from the Hotel Occupancy Tax Funds, for the Cabell County Historic Landmark Commission for the 200^th Anniversary Celebration. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#195 DISCUSSION/ACTION: FUNDING REQUEST FOR

KEITH ALBEE THEATER

W. Scott Bias, Commissioner, moved to approve funding, in the amount of $15,000.00, for the Keith Albee Theater, from the Hotel Occupancy Tax Funds, for use in the restoration of the theater. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#196 DISCUSSION/ACTION: FUNDING REQUEST DAUGHTERS

OF THE AMERICAN REVOLUTION

Robert L. Bailey, Commissioner, moved to approve funding, in the amount of $1,000.00 from the Hotel Occupancy Tax Funds, for the Daughters of the American Revolution to help maintain and repair the Toll House. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

#197 RESOLUTION, GENERAL FUND, COUNTY BUDGET

REVISION #14, FY 2008-2009

W. Scott Bias, Commissioner, moved to approve General Fund, County Budget Revision #14. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#198 APPROVAL OF ORDER FOR THE ABANDONMENT OF AN

UNUSED CUL-DE-SAC LOCALLY KNOWN AS MOBILE

CITY ROAD, BARBOURSVILLE DISTRICT

This item was approved in the public hearing and the orders were signed.

THURSDAY, MAY 28, 2009

PAGE ELEVEN

PLACE ON RECORD:

Robert L. Bailey, Commissioner, moved to approve placing on record the minutes from the Culloden PSD Regular Meeting, March 18, 2009, Culloden PSD, Regular Meeting, April 15, 2009; Salt Rock Sewer PSD, Regular Meeting, March 10, 2009, Salt Rock Sewer PSD, Regular Meeting, March 19, 2009, Salt Rock Sewer PSD, Regular Meeting, March 23, 2009, Salt Rock Sewer PSD, Regular Meeting, April 14, 2009, Salt Rock Sewer PSD, Regular Meeting, April 28, 2009 and OTHER DOCUMENTATION TO BE RECORDED: Culloden PSD, Annual Budget, Fiscal Year Ending June 30, 2010; Salt Rock Sewer PSD, Annual Budget, Fiscal Year Ending June 30, 2010 and Bank of New York Mellon, Various Accounts, April 30, 2009. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, President, adjourned the regular Commission meeting at 11:05 a.m., until the next scheduled meeting on Thursday, June 11, 2009, at 10:00 a.m.

___________________________________________

PRESIDENT, COUNTY COMMISSION

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