CABELL COUNTY COMMISSION SPECIAL MEETING

WEDNESDAY, MARCH 2, 2005

 

PRESENT:                 ROBERT L. BAILEY, COMMISSIONER

                                    NANCY CARTMILL, COMMISSIONER

                                    W. SCOTT BIAS, COMMISSIONER

                                    WILLIAM WATSON, COUNTY ATTORNEY

                                    GLENN WHITE, COUNTY MANAGER

                                    SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

 

Robert L. Bailey, President, called the Special Meeting of the Cabell County Commission to order at 10:00 a.m.

 

#070                            RESOLUTION, GENERAL FUND STATE BUDGET REVISION

                                    FOR YEAR 2004-2005

 

Glenn White, County Manger, explained budget revision #10 for 2004-2005 was for the purpose of producing funds to pay the current jail bill and bills that would be submitted at a later date. Mr. White went on to say this would also structure the budget to insure a cash balance for the county to operate, until tax revenues are received in September 1, 2005.

 

Mr. White informed the Commission that if the resolution was approved, it would be submitted to the Chief Inspection Division of the State Auditor for review and it must be approved before the Commission could amend the 2004-2005 budget.

 

Robert L. Bailey, President, informed the Commission that Calhoun County could not meet their payroll and were forced to lay off employees because of the financial problems caused by their regional jail.  President Bailey also said that other counties were having similar problems caused by regional jail bills.

 

Robert L. Bailey, President, stated that the Commission was mandated by stated law to provide the office holders with the funds they needed to run their offices and at this point he did know how they could do that and pay the regional jail. 

 

President Bailey stated he sent a letter to Governor Joe Manchin, the county’s two Senators and the six Delegates providing them with two or three different ways to help Cabell County regarding the expenses of the regional jail.

 

W. Scott Bias, Commissioner, stated it was disappointing that this was out of control and the county had not received any help from the Legislature.

 

Nancy Cartmill, Commissioner, asked if the Commission had received anything from the elected officials, in writing, regarding their budgets.

 

 

 

 

 

WEDNESDAY, MARCH 2, 2005

PAGE TWO

 

William Watson, County Attorney, stated he spoke with John Cyrus, who was retained by the elected officials and Mr. Cyrus had said that he preferred the elected Officials not commit anything in writing.  Mr. Watson further stated the elected officials had told him if their budgets were cut it would force them to shut down their offices and they would not be able to perform their mandated duties.     

 

John Cyrus, Attorney representing the elected officials, stated he had spoke with all the officeholders and the proposed budget cut would shut down each and every office including the Commission.  Mr. Cyrus further stated there would not be taxes assessed nor taxes collected, the Prosecuting Attorney would not be able to prosecute, the County Clerk’s Office would not be able to function, the Circuit Clerk’s Office had 3,000 open cases and when she shuts down that would shut down the courts.  Mr. Cyrus said without tax collection the schools could not run because the School Board depends on the taxes collected from the Sheriff to run the schools, it would also shut down the road patrols and the Assessor would not be able to do his job of assessing the taxes.

 

Mr. Cyurs stated the solution to this problem must be addressed by the Legislature and urged the Commission not to adopt this resolution but to join other counties and file an original petition mandamus in the Supreme Court.

 

After a brief discussion, Mr. Cyrus requested that the Commission pass this resolution at a later date to allow him to file for an Action Hearing in Cabell County.

 

Nancy Cartmill, Commissioner, moved to approve the General Fund Budget Revision #10, effective March 7, 2005.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

W. Scott Bias, Commissioner, moved to adjourn the meeting.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, President, adjourned the Special Meeting at 10:22 a.m., until the next scheduled meeting on Thursday, March 10, 2005, at 10:00 a.m.

 

 

 

 

 

 

 

 

 

                                                                        ______________________________________

                                                                           PRESIDENT, COUNTY COMMISSION

 

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