SPECIAL COMMISSION MEETING

MONDAY, MARCH 28, 2005

PRESENT: ROBERT L. BAILEY, PRESIDENT

NANCY CARTMILL, COMMISSIONER

W. SCOTT BIAS, COMMISSIONER

WILLIAM T. WATSON, COUNTY MANAGER

GLENN WHITE, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLE AND PAYABLES

Robert L. Bailey, President, called the Special Meeting to order at 9:30 a.m.

#109 RESOLUTION AND GRANT PROPOSAL

RE: FY 2006 WEST VIRGINIA COMMUNITY CORRECTIONS

FUND GRANT (DAY REPORTING CENTER)

Glenn White, County Manager, explained that job descriptions had been added to the revised proposed grant application for both the Director of the Day Reporting Center and the Substance Abuse Counselor.

Robert L. Bailey, President, asked if the Cabell County Community Criminal Justice Board, which would be appointed by the Commission, would advertise and conduct interviews for positions at the Day Reporting Center.

Mr. White outlined the procedures that the board would follow in the hiring of personnel for the reporting center. Mr. White stated it was his understanding that the board would appoint a four-member committee, which would conduct the interviews then bring a recommendation to the whole board, who in turn would submit that recommendation to the Commission for approval.

President Bailey stated he wanted this to be part of the record that the interview for jobs at the reporting center would be advertised according to law.

Adell Chandler, Circuit Clerk, asked what would happen if the grant was not awarded.

President Bailey replied the county would not be able to have a Day Reporting Center.

Nancy Cartmill, Commissioner, stated the cost to the county to set up this center would be around $100,000.00 for the program, plus renovations on a building to house the center and she would like to know where the county was going to get this money.

The Commission discussed the renovation of several buildings for the reporting center.

President Bailey stated the Commission needed to receive the grant before they could decide where the reporting center would be located.

MONDAY. MARCH 28, 2005

PAGE TWO

Chris Chiles, Prosecuting Attorney, stated the grant should be awarded in late April or early May, with the Director being hired July 1, 2005.

Nancy Cartmill, Commissioner, asked what happened if the grant was approved and there would be no matching funds.

W. Scott Bias, Commissioner, stated that if there were no matching funds then there would be no grant.

Commissioner Cartmill stated she had problems supporting this grant because she still had several issues that bothered her regarding the grant. Commissioner Cartmill further stated she believed that the Commission could accomplish the same goals with the Home Confinement Program.

Chris Chiles, Prosecuting Attorney, stated he believed this program would save the county money and would provide another option to Home Confinement.

Commissioner Cartmill stated one issue that really bothered her was the use of volunteers in the reporting center for staffing and the cost of funds the Commission must come up with if the grant was awarded.

Mr. Chiles stated he could not speak regarding the funding, however he could speak concerning the volunteers that would staff the center, and he thought Sheriff Wolfe was thinking about using ex-law enforcement officers. Mr. Chiles further stated that before inmates were placed in the reporting center they would be fully assessed and they would be non-violent.

Commissioner Cartmill asked if they would use volunteer counselors and Mr. Chiles replied that the counselors would be contracted out.

W. Scott Bias, Commissioner, moved to apply for a grant to start a Day Reporting Center and that the Day Reporting Center be reviewed by the Commission on an annual bases and that it be eliminated if it was not feasible or reduced the Home Confinement Program. Exhibit (A)

Glenn White, County Manager, stated he was concerned over the unknown factors such as where the center would be located, where the cost of renovating a building would come from and where the Commission would find funds, in the amount of $77,430, for this grant.

Mr. Chiles stated the only thing the Commission would be responsible for, once the renovations were completed, were the benefits for the secretarial position, telephone, utilities and $1000 for deputy reserve uniforms.

President Bailey asked if the first floor of the jail could be used and Mr. Chiles stated it was possible.

MONDAY, MARCH 28, 2005

PAGE THREE

Glenn White, County Manager, stated the Director’s salary was reduced from $45,000.00 to $40,000.00 in the revision of the proposed grant application.

President Bailey called for a vote on the motion and the vote was as follows:

Robert L. Bailey, President aye

Nancy Cartmill, Commissioner nay

W. Scott Bias, Commissioner aye

#110 RESOLUTION, CABELL COUNTY COMMISSION

RE: APPOINTMENTS TO THE CABELL COUNTY

COMMUNITY CRIMINAL JUSTICE BOARD

Robert L. Bailey, President, stated he would like to nominate Oscar Adkins, Scott Bias and Glenn White as at-large members to the Cabell County Corrections Board.

Glenn White, County Manager, explained this resolution established the Cabell County Community Criminal Justice Board. Mr. White went on to say there are seven categories of appointments outlined by state code and they were: the Sheriff, the Prosecutor, a Public Defender, a member appointed by the Board of Education, a member with a mental health background, two members with backgrounds with Victim Advocate’s and three at-large members appointed by the County Commission. Mr. White further stated he believed there were other categories and one of those categories could be a recommendation from the Supreme Court.

Chris Chiles, Prosecuting Attorney, recommended the Commission make an 11th position, for a non-voting member that would be a recommendation from the Supreme Court.

William Watson, County Attorney, recommended that the Commission amend the resolution to include a position for a judge.

W. Scott Bias, Commissioner, moved to amend the resolution to add the following category of board members provided for pursuant to West Virginia Code §62-11C-6 (e), which would be at the discretion of the West Virginia Supreme Court of Appeals any or all of the following people may serve on a community criminal justice board as nonvoting members, a circuit judge, a magistrate or a probation officer from the county or counties represented. Robert L. Bailey, President, seconded the motion and the vote was as follows:

Robert L. Bailey, President aye

Nancy Cartmill, Commissioner nay

W. Scott Bias, Commissioner aye

MONDAY, MARCH 28, 2005

PAGE FOUR

W. Scott Bias, Commissioner, moved to approve the Cabell County Community Criminal Justice Board as specified. Robert L. Bailey, President, seconded the motion and the vote was as follows: Exhibit (B)

Robert L. Bailey, President aye

Nancy Cartmill, Commissioner nay

W. Scott Bias, Commissioner aye

#111 APPROVAL OF THE FY 2005-2006 CABELL COUNTY

GENERAL FUND AND COAL SEVERANCE FUND LEVY

ESTIMATE (BUDGET)

W. Scott Bias, Commissioner, moved to approve the 2005-2006 budget. Robert L. Bailey, President, seconded the motion.

Glenn White, County Manager, stated that based on the instructions he received from the Commission he had prepared the Levy Estimate which included the General Fund and the Coal Severance Budgets, to be submitted to the State Auditor for approval. Mr. White went on to say the total proposed budget for the General Fund would be in the amount of $13,942,256 and the total proposed budget for Coal Severance would be $80,000.

Mr. White informed the Commission that the process would be for the Commission to approve the budgets and submit them to the State Auditor for approval and to then recess the meeting until the third Tuesday in April, when the Commission would reconvene to Lay the Levy.

Robert L. Bailey, President, asked if there were any cuts in the departments of the elected officials and Mr. White stated the budget would be status quo.

Nancy Cartmill, Commissioner, stated it bothered her not to be able to meet the elected officials requests. Commissioner Cartmill further stated she hoped the Commission could come up with funds to meet their requests at a later date.

W. Scott Bias, Commissioner, asked if there was money budgeted to pay the outstanding jail bill for this fiscal year.

Mr. White explained in detail how the jail cost would be handled and stated that expenses incurred in the 2004-2005 budget must be reflected in the 2004-2005 budget.

President Bailey asked Johnny McCallister so explain what took place at the meeting of the Regional Jail Authority.

MONDAY, MARCH 28, 2005

PAGE FIVE

Johnny McCallister, Jail Assessment Officer, stated the Jail Authority Board gave Steve Canterbury the authority to deal with Cabell County’s outstanding jail bill. Mr. McCallister further stated that Mr. Canterbury said the West Virginia Association of Counties would attempt to work with the county in order to get the jail bill current, however, if the bill was not paid Mr. Canterbury could consider legal action.

W. Scott Bias, Commissioner, stated he was not satisfied with the amount of funds in the 2005-2006 budget for the jail and the only way to place adequate funds in that line item would be to cut additional items in the budget.

The Commission briefly discussed the line item regarding the Drug and Weapons Accounts in the Sheriff’s Department and the horse trailer.

Robert L. Bailey, President, called for a vote on the motion to approve the 2005-2006 Cabell County General Fund and Coal Severance Fund Levy Estimate (Budget) and the vote was as follows:

Robert L. Bailey, President aye

Nancy Cartmill, Commissioner aye

W. Scott Bias, Commissioner nay

#112 PETITION FOR APPOINTMENT IN THE MATTER OF THE

GUARDIANSHIP OF JAMES RYAN VERBAGE AND CODY

WARREN VERBAGE, MINORS

William Watson, County Attorney, explained to the Commission that Andrea Lynn Verbage, biological mother of the two minors James Ryan Verbage and Cody Warren Verbage, was requesting the Commission appoint her as the legal guardian of said minors in order to sell property located 243 Whitaker Boulevard.

W. Scott Bias, Commissioner, moved to approve the appointment of Andrea Lynn Verbage as the legal guardian of James Ryan Verbage and Cody Warren Verbage. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

Robert L. Bailey, President, recessed the Special Commission Meeting at 10:38 a.m., until Tuesday, April 19, 2005 at 10:00 a.m.

SPECIAL BUDGET MEETING

TUESDAY, APRIL 19, 2005

PRESENT: ROBERT L. BAILEY, PRESIDENT

NANCY CARTMILL, COMMISSIONER

W. SCOTT BIAS, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

TUESDAY, APRIL 19, 2005

PAGE SIX

PRESENT: GLENN WHITE, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLES AND PAYABLES

Robert L. Bailey, President, reconvened the meeting of March 28, 2005 of the Cabell County Commission at 10:00 a.m. for the purpose of Laying the Levy.

Robert L. Bailey, President stated this meeting was a “Public Hearing” for county residents to comment on the budget for 2005/2006. President Bailey further stated that no one had registered to speak for or against the proposed budget.

Glenn White, County Manager, stated the Commission received notice of a conditional approval of the Levy Estimate (budget) from the State Auditor’s Office.

Robert L. Bailey, President, wanted to know why the State Auditor’s Office would send a copy of the notice of conditional approval to Steve Canterbury Executive Director Regional Jail and Correctional Facility.

Nancy Cartmill, Commissioner, stated she wanted to know why Sheriff Kim Wolfe would send a letter to the auditor regarding a line item (drug investigation) being omitted from his department and that amount being included in contingencies, when he did not mention this during the budget deliberations with the Commission.

Commissioner Cartmill also asked why the auditor mentioned the Parks and Recreation Board and the Cabell County Library in her letter, which the county had always fully funded these agencies for years.

Commissioner Cartmill asked for an explanation as to the agricultural report referenced in said letter.

Glenn White, County Manager, state this was a line item in the Assessor’s Office that needed a slight adjustment.

Glenn White, County Manager, stated that with the Commission’s approval he would draft a letter addressing the concerns of the Commission to the State Auditor’s Office.

President Bailey requested Mr. White draft a letter to the State Auditor’s Office.

Nancy Cartmill, Commissioner, moved to approve Laying the Levy for property taxes to be used for fiscal year 2005/2006, as presented. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

Karen Cole, County Clerk, informed the Commission that the legislature had passed a bill requiring all voting machines must provide a receipt for the voter and they would need to be thinking how they would want to proceed.

TUESDAY, APRIL 19, 2005

PAGE SEVEN

Robert L. Bailey, President, adjourned the meeting at 10:20 a.m., until the next regular scheduled meeting of April 21, 2005, at 10:00 a.m.

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PRESIDENT, COUNTY COMMISSION

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