The afternoon prayer was led by Commissioner Collins followed by the Pledge of Allegiance led by Circuit Clerk Virginia Sine.

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1 Berkeley County Commission Meeting March 8, 2005 Special Meeting Present: Steven C. Teufel, President Howard L. Strauss, Commissioner Ronald K. Collins, Commissioner Deborah Hammond, County Administrator Norwood Bentley, III, Counsel for the Commission Virginia Sine, Circuit Clerk, Marsha Kelley The afternoon prayer was led by Commissioner Collins followed by the Pledge of Allegiance led by Circuit Clerk Virginia Sine. Re: Norwood Bentley, Attorney at Law Revision to the Berkeley County Subdivision Regulations Discussion/Action Discussion took place regarding Article 15, Section 15 of the Subdivision Regulations. This Article is to keep from losing salvage yards. Due to a clerical error, this was inadvertently left out of the Subdivision Regulations. Commissioner Strauss made a motion to enact salvage yards and incorporate them into the County s Subdivision Regulations. The motion was seconded by Commissioner Collins and unanimously approved. Commissioner Strauss stated that the change needs to be made and a full version of the Subdivision Regulations, with salvage yards, should be placed on the County s web site. He requested that the Planning Commission be notified and request them to provide a disk containing the information to the County Commission. Re: Budget Work Session #1 President Teufel stated that the levy rate had been rolled back and it is the first time the calculation rate has been Deborah Hammond stated that an overview of total revenues is included in the Commissioners packet along with the Certificate of Valuation. Also provided to the Commission were the assessed values for calculating the reduced rolled back levy rates. Ms. Hammond stated that as the Commission proceeds with the figure at 3%, 2% will go to the Assessor and 1% will go to the County Commission. She further stated that the second group of figures is calculated on a 10% tax increase and the 2% that goes to the Assessor s office. These two groups of figures were provided to the Commissioners so they could make a comparison of both calculations. The current levy rate is for Class I properties. Commissioner Strauss stated that if the Commission went to 3% it would actually be a reduction in the rate from to Ms. Hammond agreed and stated that it is caused by the growth of overall assessments. Commissioner Strauss stated that on the figures that were just received we would receive approximately one million dollars because of the increased assessment. Bottom line, the Commission would receive approximately

2 $800, or $1,500, depending upon their decision. Ms. Hammond stated that should the Commission decide to go to the 10% figure they would need to schedule a public hearing for a tax increase but if the Commission decided to go with the 3% figure then a public hearing would not be necessary. A publication for a public hearing has been prepared and waiting upon the Commission s decision. Commissioner Collins stated that if the Commission decides not to increase to the 10% then the publication can be cancelled. Ms. Hammond stated that the budget has to be signed by the Commission by March 25, 2005 and to the State by March 28, Commissioner Strauss stated that the Commission has provided a step increase to all full time employees consistently every year; on some occasions a double step. He then stated that the State allows personnel to be paid out of the Assessor s Valuation Fund. Norwood Bentley, Counsel for the Commission, stated that the law says the personnel can be funded from the Valuation Fund. Commissioner Strauss stated that the current Assessor can make adjustments to the Valuation fund just like the County Commission does to their funding. Commissioner Collins questioned if all of the Assessor s personnel could be paid through that funding. Commissioner Strauss stated that as long as additional funds are allocated to the personnel bringing in additional tax funds. Mr. Bentley stated that the Valuation Fund is meant to affect property evaluation and if that employee is involved in that function then they can be paid from that fund. He said that the only question is whether or not the State would approve the funding to the personnel. A rather lengthy discussion took place regarding the choice of a 10% increase or to stay at the current 3%. Ms. Hammond stated that a few of the offices are self sufficient; Central Dispatch is one of those offices because of the 911 fees that are collected. Another self sufficient office is Engineering because of the inspection fees that are collected. President Teufel stated that the one big black hole is the Prosecutor s Office and the needs in that office. He said that he is in favor of supporting Home Confinement but not in favor of increasing the staff at Law Enforcement. President Teufel stated that if Charleston would send money to fund law enforcement then there would be sufficient funding to add a few new people to that department. He said that one other issue that has to be discussed is the square footage of the Dunn Building and that our contributions are well noted. Commissioner Strauss stated that this year s budget looked at it as in-kind contribution to the various offices. Commissioner Collins stated that he would like to know how much money has been lost over the last 5 years because of properties not being placed on the books. He said that he has talked with people that have not received a tax bill for 15 months. Commissioner Collins stated that if the Assessor can get the people to work on that issue then the Commission

3 can go another five years without a tax increase. Mr. Bentley stated that if the Commission is feeling rushed to make a decision today, they can always advertise the public hearing for a tax increase and then cancel the public hearing before it s scheduled date. Commissioner Strauss stated that the Commission could do that to avoid a snap decision. President Teufel stated that Commissioner Collins put together a proposal for the new fiscal year and he would like to discuss his suggestions. The first proposal that Commissioner Collins listed was to make the minimum base step increase $1, and to give the employees a two-step raise; part time employees would receive an increase of $1.00 per hour. Commissioner Strauss stated that if that proposal was approved then the Commission would need to make adjustments to all positions. Commissioner Collins stated that there are too many steps in the Clerk I position and, soon, the Commission will have a Human Resource Director coming on board and that person will have the responsibility of reviewing the salary structure. President Teufel stated that one of his concerns is the increase in the cost of living; it keeps going up and the salaries are not. A brief discussion took place regarding the change of the base step to $1, President Teufel stated that there are 80 employees that this would affect and if action is taken to make the change it would cost the County $80, if a one step increase is given on July 1 or $160, if a two step increase is approved. Commissioner Strauss asked Ms. Hammond if there would be adequate funds to enable the Commission to approve the change. Ms. Hammond stated that the Commission would not be able to add new employees or increase Capitol Outlay. President Teufel stated that the Commission would need to know if our growth is creating more income that what is being used. He said that he would like to see ample room for the proposals that Commissioner Collins is making. Ms. Hammond asked President Teufel if the Commission would like to see the total cost for the $1, base step and a two-step increase for all other employees. President Teufel stated that that is the information he would like to see. The next proposal made by Commissioner Collins was regarding the Home Confinement Program. He stated that since it s inception it has saved 15,500 jail days and the taxpayers of Berkeley County $697, Commissioner Collins stated that he would like to see the magistrates of Berkeley County on board so the program can expand and be successful. He said that he has talked with the magistrates and the prosecutors and they are on board with increasing the program. Commissioner Collins stated that Lt. Keller is at her maximum with the number currently on the program and he felt that another employee is needed along with two vehicles. Commissioner Collins said that Lt. Keller s vehicle is fully loaded and suggested that it be returned to service and put on the road. He suggested that two 4WD vehicles be assigned to Home Confinement

4 because of the snow in the winter months. He said that Home Confinement can be self sufficient and there is enough funding to get those two vehicles and they would be responsible for their own budget. President Teufel stated that the Commission needs to do more with the Elected Officials to keep the jail costs down. Ms. Hammond suggested that the Commission consider a special revenue fund and anything over the payment to BI could be rolled over into General County. Commissioner Collins then recommended a single step increase of $1, for the Assistant Prosecutors with less then three years in law and a $2, increase for those with more than three years in law. He stated that the problem in that office is three years after the Commission approves the hiring of an Assistant that Assistant leaves the County to go elsewhere for more money. President Teufel stated that Prosecutor Games-Neely sent the Commission a letter about additional employees. Commissioner Collins said that they can t get cases to trial and there are in excess of 5,000 cases of bail jumpers and no one available to process. He stated that there is no statute of limitations on bail jumpers and we are looking at a minimum of $25, in bail money. Commissioner Collins stated that this proves the fact that the County has lost a lot of money over the past 5 years. Mr. Bentley stated that that money would go to the county coffers. Commissioner Collins stated that 5% goes to the Prosecutor and 95% goes to General County. Mr. Bentley stated that there are 1000s of cases out there but there is a possibility that the money goes to the State and not the County. Commissioner Strauss stated that that the answer to that question hinges on the budget and we need to decide if this will be included in the budget. Ms, Hammond stated that the funds are currently in the Prosecutor s budget to hire another person right now. The next issue that was discussed by the Commission during today s work session was the Outside Agencies. President Teufel stated that Parks and Recreation has asked for more funding for development. Ms. Hammond stated that the biggest issue with Parks and Recreation is the inability to project the figures. President Teufel stated that he was not ready to take any action today on the funding for Outside Agencies. He suggested that the Commission reconvene on Thursday and take action on the Outside Agencies and which calculation to approve regarding the budget. Commissioner Collins stated that if the Commission chooses to stay at the 3% level then the public needs to know that we have kept their taxes in check. Commissioner Strauss stated that he is in favor setting the levy at for Class I properties which is a reduction and providing a two step raise in salaries. He said that he did not want to mislead the Commission today however we will have $2,000, more this year

5 than last year. He further stated that he is opposed to publishing a notice of an increase in taxes. Following a brief discussion regarding the increase in salaries and the unencumbered fund balance s anticipated amount, the Commissioners felt that it could be accomplished without raising taxes. Commissioner Strauss then made a motion to set the levy rate for fiscal year budget at for Class I properties which is a 6.3% decrease of the current rate. The motion was seconded by Commissioner Collins and unanimously approved. Re: Deborah Hammond, County Administrator Change Order Proposals and Contract Approvals Dunn Building and Judicial Center Projects Discussion/Action Software Systems Proposal Fiber Connections Discussion/Action Legislative Issues Report Discussion/Action County Administrator Deborah Hammond presented the following issues to the County Commissioners for their discussion and/or action: 1. Software Systems Proposal A proposal was received from Software Systems in the amount of $5, for fiber media converters for the Assessor s office. Ms. Hammond stated that Software Systems has been monitoring this for sometime and there are episodes of disconnection as it is related to the AS400. Gary Wine of Software Systems seems to think that this equipment will correct the problem. Commissioner Strauss stated that the problem needs to be corrected as soon as possible. Commissioner Collins then made a motion to approve the quote from Software Systems in the amount of $5, The motion was seconded by Commissioner Strauss and unanimously approved. 2. Legislative Issues Report Ms. Hammond stated that this subject will be added to each agenda so the County Commission will have the opportunity to discuss or take action on the issues that are before the legislators. An was received from Vivian Parsons, Executive Director of the County Commissioners Association of West Virginia, regarding HB Introduced by the Kanawha County legislative delegation, it proposed to establish a method for property owners to request a reduction in real and/or personal property taxes if the property was damaged or destroyed during a disaster. These provisions would only be applied in counties where a county commission adopted an ordinance authorizing tax relief for disaster victims,, and would apply only to real and personal properties which sustained significant disaster damage during an event which has been declared to be a disaster by the Governor of West Virginia or the President of the United States. While this seems like a good thing, there are concerns that if your county were hit with a county-wide event, it could be fatal to the county/school/and municipal property tax revenues. Commissioner Collins stated that when there is significant damage, everyone s term of significant damage will be different. He

6 further stated that he was not in favor of the Bill. The next legislative issue was regarding HB 2821 and a Pilot Program for counties. A copy of the Bill was included in the Commission packet and no detailed discussion took place regarding the issue. Commissioner Collins did say that he spoke with Senator Unger regarding the issue and was told that if the Commissioners would support him on this Bill he would, in turn; support the Commissioners on the Hotel/Motel Tax issue. Re: Recess Commissioner Strauss made a motion to recess today s meeting. The motion was seconded by Commissioner Collins and unanimously approved. Approved: Steven C. Teufel, President

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