Commissioners' Corner: News Letter

Vol. 5 No. 12

December 12, 2000

~ County Commissioners' Association of West Virginia ~

~ Jim Booton, President ~

~ Vivian Parsons, Executive Director

CAN YOUR COUNTY SAVE ON PURCHASES?...

CCA Announces Endorsement of National Cooperative Purchasing Program

The advent of Internet buying has created an image of huge savings through electronic purchasing. Most of the advertising on television, in magazines and on billboards gives the impression that traditional ways of buying goods and services has been replaced by electronic commerce. But local governments still need to procure goods and services through competitive bidding. So how can your county get in on the savings revolution spawned by the Internet? By using a cooperative purchasing program called the Government Purchasing Alliance, sponsored by the National Association of Counties and endorsed by the County Commissioners' Association of West Virginia.

Cooperative purchasing, which combines the buying power of distinct groups of purchasers, is not a new concept. Local governments have been joining buying cooperatives for decades. Usually, these cooperatives take the form of a regional buying group or a product-specific buying group. Regional groups often buy fuel, automobiles or regional services together. Product-specific groups might include hospitals or health clinics. A few groups offer counties the opportunity to piggyback on national contracts for office supplies, computers, furniture, general and electrical supplies and other common consumable items used by all governments.

Cooperative purchasing groups provide a number of advantages for most counties. Because a bid is completed by one agency on behalf of many agencies, the time and cost of bidding is substantially reduced for the group members. Significant pricing discounts can be achieved through this group effort, as manufacturers and suppliers recognize the volume sales the group represents. Since the vendors do not have to re-bid the contract in each jurisdiction, they can factor in savings on the product offers that would have gone into staff resources used to respond to bids.

A cooperative can demand more than pricing considerations. For example, enhancements like free delivery, guaranteed fill rates, performance requirements and volume incentives can be included in the contract. To the extent that vendors are capable of providing electronic ordering and fulfillment systems, counties can receive incentives for using electronic ordering. Counties may also be able to reduce or eliminate their warehousing systems, as just-in-time buying assures that the vendor is providing the warehousing function and the guaranteed delivery of products.

Cooperatives may include some restrictive features as well. For example, a group contract may not have specialized purchasing requirements that some governments desire or demand. Some cooperatives may require membership fees and guaranteed buying volumes. Still others may not meet the social and local buying goals of the governing body.

The National Association of Counties sponsors the largest national buying cooperative for local governments, in conjunction with the United States Conference of Mayors and the National Institute of Governmental Purchasing. This cooperative (endorsed by the County Commissioners' Association of West Virginia), called the Government Purchasing Alliance, provides contracts for office supplies, furniture, computers and peripherals, electrical and general supplies. Each contract was bid by a large local government on behalf of all local and state governments in the nation. The pricing discounts, delivery and service conditions, and the contract terms are available to any local government that is allowed to piggyback on a national contract. Since all contracts are discretionary, counties determine how much they want to use the program. The program has no membership fees or charges to the county.

Since 1997, the Government Purchasing Alliance has saved over $70 million for local governments. Over 7,000 counties, cities, schools and special districts use the program on a regular basis, saving from 15-60% on goods and services. The program steering committee is composed of city and county purchasing agents from across the nation and the program is managed by NACo, FSC and US Communities, an instrumentality of government formed for the purpose of supplying these services.

So, how much can your county save? In 1999, Fairfax County, Virginia saved over $800,000 on office supplies. Large and small counties report significant savings on computers, software and office products. The program presently offers products at best local government pricing from the following companies: Office Depot (office supplies); Gateway, IBM, Dell, Micron, Wareforce, CompUSA, Comark and Software Spectrum (computers and software); Knoll and KI (office furniture systems); and Graybar (electrical and communications supplies). The program will add other furniture manufacturers and suppliers in 2001, as well as contracts for business machines and copiers.

For more information on the Government Purchasing Alliance, contact Angie Caro at the NACo Financial Services Center (202-942-4278), Vivian Parsons at the CCA office (304-345-4639) or visit www.uscommunities.org for vendor contact information. A copy of the program contact sheet and frequently asked questions will be coming to you shortly!

An Open Letter from Past President Rick Rice...

Greetings fellow Commissioners:

Happy Holidays and Best Wishes for a very prosperous New Year! This a difficult letter for me to write because I must say good-bye to so many wonderful friends. I, like many other commissioners statewide, lost my bid for re-election. At first I was disappointed, then angry, but now relieved and certainly not bitter towards anyone.

It was great while it lasted, and the friendships I have made throughout this state are far more precious than the office of commissioner. I am honored and humbled by your faith in electing me your president in August of this year. I was looking forward to working with each of you over the next year. However, I have resigned as president effective December 1, 2000 and Jim Booton our vice-president has taken over.

I wish nothing less than the best for all of you in years to come and I'll probably still be seeing you. I intend to become an affiliate member through my commercial printing firm, Mountain State Print, Inc. Thus, I'll see you at some meetings as a vendor.

Once again, thanks for your friendship and confidence and if I can ever be of assistance in anyway, please let me know. Merry Christmas and may God Bless you and yours.

Rick Rice

Past President, CCA

President's Perspective...

First of all I would like to take this opportunity to thank the members of the County Commissioner's Association for their support in allowing me to serve as your Vice-President. I have enjoyed working with you in this capacity and look forward to serving you as your President. I wish to commend our past presidents for the ground work they have established in forming our Association and a "special thanks" to our former President Rick Rice, for his outstanding cooperation and much appreciated confidence in me. Rick resigned on December 1st so as to allow me time to become more involved and knowledgeable of the issues that face our association in the upcoming year. Now as your President, I will continue to work as those before me, to make this a most beneficial and productive association and ask for your support and patience as I undertake this worthwhile endeavor.

I wish you all a very Merry Christmas and hope the New Year bring all things good to you and yours!

Sincerely,

Jim Booton, President

December 30th Deadline for Ads in CCA 2000 Directory

CCA directory work is underway. Please review your current listing in the directory and report to this office ASAP any needed changes. Remember, the deadline for advertisement in the 2000 directory is December 30th. County Commissioners please give this office a call if you need more advertising schedules or if you need this office to follow up on any initial contacts. We look forward to working with you on this project.

NACo Appoints 2001 Steering Committee Members

Following is a list of county officials from West Virginia who were appointed by NACo President Jane Hague to serve on NACo's 2001 steering committees. These folks represent us at the national level, helping to set policy in the following committees...

Ms. Cecily Enos - Marion County - Community & Economic Development

Mr. R.E. Slim Hartley - Marshall County Agriculture and Rural Affairs

Mr. Tim McCormick - Ohio County - Transportation

Mr. Robert Pasley - Wayne County - Agriculture and Rural Affairs

Mr. James Sago - Marion County - Justice and Public Safety

Ms. Beth Taylor - Harrison County - Health

Mrs. Sylvia Basile - Harrison County - Human Services & Education

Mr. Rudolph Jennings - Mercer County - Justice & Public Safety

Annual CCA Legislative Association Meeting Scheduled

Make plans now to attend the Annual County Commissioners' Legislative Association meeting to be held at the Charleston Marriott, on February 11, 2001. Our plans include an afternoon meeting of the full Association to discuss our legislative agenda and any association business, followed by time for dinner on your own (you may want to have dinner with your legislators) and finally an informal hospitality room, where we will invite our legislative membership for refreshment and conversation. The Legislature will be in town that weekend for their final interim meetings before the official beginning of the 2001 Session. I will send an invitation from this office to each legislator. However, if you plan to attend, a personal invite from you to each of your legislators will be much better received.

Room reservations should be made by calling the Marriott at 345-6500. The cut-off date for receiving our special rate of $79.00 per night is January 21, 2001. Be sure to tell the reservationist that your are with the County Commissioners' Group. Check-in time at the hotel is 3:00 pm & check-out is 12:00 noon.

Please support your Association by attending this event. This is a great opportunity to communicate important legislative issues to your legislative membership. A registration form is included with this newsletter. Please return it by January 21st!

December 30th Deadline for Ads in CCA 2000 Directory

CCA directory work is underway. Please review your current listing in the directory and report to this office ASAP any needed changes. Remember, the deadline for advertisement in the 2000 directory is December 30th. County Commissioners please give this office a call if you need more advertising schedules or if you need this office to follow up on any initial contacts. We look forward to working with you on this project.

Reminder -- Handbook Distributed at Basic Training

The County Commissioner's Handbook is being processed and will be ready for distribution at the "Basic Training" Seminar! Yet another reason to load up your newly elected commissioner (if you have one) and yourself and head to Bridgeport Holiday Inn on January 21-23, 2001!

This handbook is an extremely valuable resource for new and veteran commissioners alike. It is an organized compilation of topics that will provide basic information on the office and duties of county commissioner in West Virginia. While not an exhaustive discussion of the issues, through its thorough citation of the state constitution and the West Virginia Code, it also provides the direction needed to further explore any of these areas. The handbook is provided at no cost to all member county commissioners.

Please remember to register for "Basic Training" by January 5, 2001. If you have misplaced your registration form, just give this office a call, and we'll happily send another! Look forward to seeing you there!

CCA Welcomes New Associate Member

SYNAGRO - A Residuals Management Company

Synagro is the largest recycler of biosolids and organic residuals in the United States. We have been providing reliable, high-quality, cost-effective beneficial use solutions for over 20 years. Annually, Synagro manages more than 11 million wet tons of solids for municipal and industrial water and wastewater generators. A staff of over one thousand professionals offers generators unmatched experience in site and facility permitting, public outreach programs, monitoring and reporting, government liaison, and regulatory tracking. Synagro's approach is to work in partnership with clients to create tailored solutions. We help generators achieve compliance with environmental regulations by providing the combination of technologies and services unique to each project's requirements. To meet project-specific federal, state, and local permit requirements, our staff has developed and operate the most flexible and sophisticated environmental monitoring and compliance information technology system in the industry. In addition to performance guarantees, our size and financial resources allow Synagro to structure services on an emergency, contractual, turnkey, or privatization basis to best meet your needs.

Simply stated, Synagro's staff helps local governments, industries, and communities develop and implement the right environmental solution, on schedule and within budget. This is who we are!

Synagro offers a complete spectrum of residuals management options. We provide processing and treatment technologies that prepare biosolids for beneficial uses. We engineer systems that reduce volume, facilitate handling and transport, destroy pathogens, and control order. We are committed to recycling programs whenever they are environmentally safe and economically viable. We supply farmers and commercial growers with the organic fertilizers that enhance their soils and improve crop yields. Our beneficial use services encompass all aspects of land application, mine reclamation, manufactured topsoil, forest application, landfill cover, and product marketing. Our vast operational experience in state-of-the-art technologies has provided us the expertise to evaluate, design, build and operate all of the proven options for residuals processing. Further, public education and participation are vital components of our successful programs.

Synagro's commitment to our customers', both generators and end users'; is that they can count on us to deliver safe, reliable, cost-effective service. This is what we do.

To discover how Synagro can help with your biosolids and organic residuals management needs, call us at 800-370-0035.

Merry Christmas to All and Happy New Year!

Commissioners' Corner: News Letter

Vol. 5 No. 7

October 2000 ~ County Commissioners' Association of West Virginia ~ Rick Rice, President ~ Vivian Parsons, Executive Director

INSIDE...

Tribute to Richard "Dick" Shelton

President's Perspective

CCA Legislative Time-line

Regional Meetings Underway

Interim Report

Good Luck on Nov 7th!

Tribute to Richard "Dick" Shelton...

Jack McClung, Dick Shelton, and Vivian Parsons

My Consultant, My Mentor, My Friend... by Vivian Parsons

I , along with the County Commissioners' Association and all of county government, mourn the passing of Mr. Richard "Dick" Shelton, on October 17, 2000. Following is his story, as relayed to me by Dick himself, during our many chats over the last 12 years.

Dick was born on September 28, 1913. Raised into adulthood in Clay County, Dick graduated from Clay County High School and then continued his education at New River State (now WV Tech) and West Virginia University. Dick was never married, but was a very family oriented gentleman. He lived with, and took care of, his mother thru her last years, and also his sister, Ruth, who suffered and died at an early age of stomach cancer. Dick was proud of helping to raise his nephew, Joe Shelton and referred to Joe as "like his own son," and Joe's three children, Joey, Julie, and John as his "grandchildren." He was very proud of and loved Joe and his children and their children very, very much. There was also his dog "Cody" who was a very important part of his life.

Dick spent a number of years working as a business tax auditor and then in the Budget and Levies Division of the West Virginia State Tax Department before beginning his journey into county government. In 1960, with the help and encouragement of a number of county officials, Dick left the Tax Department and began the task of forming the West Virignia Association of Counties. He worked for awhile with very limited funds, sometimes borrowing from his own bank account to make it to the end of the month, in order to get the Association off the ground. After a couple of years, with the moral & financial support of many counties, the Association of Counties was up and running and bringing on-staff a secretary and legal counsel. Dick reigned as the Association's Executive Director for about 16 years. Even after "officially" retiring in December 1975, Dick continued to work with the Association in the capacity of "Association Consultant" spending some time in the office each day, right up until his hospitalization a few weeks ago!.

Dick was a friend that I chatted with about days gone by, friends from the past, and mutual experiences of Clay County where we both originated. He was one of the consultants I called with technical questions and issues involving county government and where to find the answers. He was a mentor that counseled me on the workings and ways of a "county government Association," why it was formed, how it was supposed to work, what its purpose is, and how to keep the cogs turning!

Dick liked to remember and talk about the past, the way things used to be, old friends and good memories. And yet, Dick was a realist, well versed, knowledgeable and understanding of today's issues and very much involved. Further, at 87 years old, Dick was a visionary, looking toward the future, ready and willing to change when change was needed or inevitable.

At age 87, Dick has left a legacy of some 41 years of working to improve county government. His death leaves a void that will be felt by all and most specifically by myself. I feel very lucky to have had the opportunity to learn from the "guru" of county government himself, Mr. Richard "Dick" Shelton - God Bless.

President's Perspective...

by Rick Rice, President

Greetings fellow commissioners:

West Virginia is alive with the vibrant colors of fall foliage. This is my favorite time of the year(except for campaigning!) I'm sure you are all busy preparing for the November 7, 2000, general election. I ask each of you to encourage voters in your area to exercise their right to vote. This is a privilege we so often take for granted. Best of luck to each of you seeking re-election.

My deepest sympathies go out to the family of Dick Shelton. He was a true gentleman and dedicated much of his life to educating elected county officials and bringing us together to work hand in hand for the good of all. He will be missed, but not forgotten. I am truly honored that I had the opportunity to meet Dick and work with him on issues near and dear to all of us.

A joint board meeting has been scheduled between West Virginia Association of Counties Board and the County Commissioners' Association of West Virginia. The tentative date is early January. I feel this meeting is needed and crucial to ensure that these two groups get concerns out in the open and move forward. If you have concerns but are not a board member of either group, I ask that you relay them to a board member. I want to see everything on the table at this joint meeting. Once and for all, we need to address our concerns, resolve what differences we can, agree to disagree on remaining issues and move forward doing the business at hand. I sincerely ask that you not hold back any problems so that all parties can leave this meeting having vented their frustrations once and for all. I'm sure we can't agree on every issue, but when all is said and done there should be no question as to how either association feels about every issue! It is my hope that we can leave this meeting feeling better about each other and with a concise sense of direction about the role of each group.

Feel free at anytime to call me with concerns. My office number is 472-4397 and if I'm not in, please leave a message and I'll call you back.

Reminder from CCA's Legislative Time Line...

The purpose of the CCA Legislative time line is to provide a generic set of milestones that depict who does what to whom and when. The legislative session may be only two months long, but the legislative cycle embraces all twelve. This legislative calendar serves as the framework for a coherent statement of the CCA legislative process.

November - December: The CCA Executive Director will conduct a series of regional meetings to further disseminate CCA's Legislative Priorities. The principal thrust of these meetings is to inform commissioners of the decisions that have been reached. While newly emerging issues with widespread impact (positive or negative) can always be raised, the purpose of the visitations is to initiate consensus building and support for the CCA legislative program. County officials should invite the legislature & the media to attend these informational meetings.

Regional Meetings Underway

Attendance has been good at the first five ed regional meetings held for county commissioners across the state. CCA appreciates all its host counties for providing meeting space and refreshments. The first meeting was held on the tails of the WVACo fall board meeting held in the eastern panhandle. Berkeley County Commissioners hosted the event and were joined by other county officials from Morgan and Jefferson Counties, along with legislators from the area, Del. Vicki Douglas, and Del. Larry Faircloth. Senator Herb Snyder and Del. John Overington, stopped by earlier in the day to share some issues. It was a great session.

The second meeting was held following the October legislative interims at Snowshoe, WV, at the Pocahontas County Courthouse. Commissioners from Nicholas County and Fayette County joined the Pocahontas County Commissioners for a lively discussion regarding the CCA legislative platform.

Meeting number three was held at the Randolph County Courthouse, hosted by the Randolph County Commission. County officials from Lewis, Upshur, and Tucker Counties joined the Randolph County crew for a spirited discussion on past and future legislative issues. Senator Mike Ross and Delegate Joe Martin joined us for the session.

Meeting number four was held at the Grant County Courthouse, hosted by the Grant County Commission. The meeting was somewhat solemn following the tragic news of the accidental death of Grant County Circuit Clerk Betty Moomau's 38 year old son the day before. Commissioners from Pendleton County joined the meeting as well as Delegate Alan Evans. Although a small crowd, the meeting was enlightening and informative.

Meeting number five was hosted by the Roane County Commissioners. Commissioners from Jackson County joined Roane county officials at the Roane County Courthouse for a very good meeting. Senator Bob Dittmar, Delegate Karen Facemyer, and Delegate Oscar Hines also attended and contributed to the lively discussion. Delegate Facemyer serves on the interim committees that are studying both the health department funding issue and the library funding issue. Delegate Facemyer reported to the group that the interim committee is looking at funding libraries from lottery money, rather than "mandating" funding from counties. Further good new is that the interim committee is considering eliminating the existing special laws that exist in some counties for special funding for libraries. I'll keep you posted as this issue developes.

Five meetings remain on the schedule. If you were unable to attend your scheduled meeting, feel free to join us at one of the remaining meetings. The schedule for the remaining five meetings are as follows:

October 26 - Region 7 - 12:00 - 3:00 pm Raleigh County Armory; Raleigh - Host, Summers, Mercer, Monroe, Wyoming, & McDowell

October 27 - Region 2 - 1:00 - 3:00 pm Doddridge - Host, Calhoun, Wirt, Pleasants, Wood, Ritchie, & Tyler

**November 14- Region 10- 7:00 -9:00 pm Wheeling Downs; Ohio - Host, Marshall Brooke, Hancock, & Wetzel

November 15- Region 8 - 1:00 - 3:00 pm Harrison - Host, Monongalia, Preston, Marion, & Taylor

November 17- Region 4 - 1:00 - 3:00 pm Logan - Host, Wayne, Mingo Cabell, Lincoln, & Boone

**Please note time and location change for this meeting!

Interim Report by Vivian Parsons

Judiciary Subcommittee A - Staff Counsel Rita Pauley summarized to the interim committee the last Annexation Stakeholders meeting held on September 22, 2000. PSC Commissioners Charlotte Lane and Troy Stewart and PSC attorney Richard Hitt were in attendance. At that meeting, the Public Service Commission addressed questions concerning their authority to require municipalities to provide utility services to customers beyond city limits. Municipalities have maintained that if citizens are already getting the services, there is no incentive to be annexed, and that many times cities are forced to provide services outside their boundaries. Attorney Hitt reported that the PSC has no jurisdiction over municipal rates, except that they can review the rates upon petition by consumers. The PSC cannot force cities to provide services beyond their boundaries, but once a city has expanded service beyond their boundaries, they are treated like any other utility, and the PSC does have jurisdiction and can order an extension to other area customers if the municipality is capable of providing the service and the customer pays for part of the costs of establishing the utility service. In 1998 the law was amended to provide that if the extension does not benefit city residents, then the total costs for the improvement must be absorbed by the new customer(s). The PSC does analyze costs of services to customers in making rate determinations. The PSC has also recently allowed for a surcharge to the out-of-boundary customers for the additional costs of providing these services, (original infrastructure requirements).

Commissioner Jim Sago, Marion County attended the stakeholders meeting along with myself. I reported to the group that the County Commissioners' Association has taken an official position on the issue, that while we support improving the process of the minor boundary adjustment method of annexation by perhaps better defining "substantial opposition" & "contiguous", we would oppose any loss of responsibility or authority of the county commission in reviewing and approving this method. I reiterated this position during the interim committee meeting at Snowshoe.

A recommendation was offered by staff to tying the eligibility for local impact fees for counties to having a development plan in place. They felt that this would provide an incentive to counties to develop and follow these plans. They felt that the coordination of municipal and county development is important to the success of local development efforts.

Interim Committee member Senator Mike Ross stated that the current methods of annexation are working and he felt that no change is needed. Senator Homer Ball and Delegate Randy White were very hesitant to consider sweeping changes to current WV annexation laws, while Senator Mike Oliverio felt that the committee needed to consider the big picture and look at new ways of allowing city growth.

Counsel reported that ideas for improving the process are being sought from counties and cities and will be circulated before the next stakeholders meeting which will be scheduled prior to the next legislative interim meetings, November 12-14. Commissioner Sago is working on possible definitions for "substantial opposition" & "contiguous." I will distribute this info to all legislative committee members ASAP for your input.

Joint Standing Committee on Pensions & Retirement - Commissioner Tom Keeley, serving as Executive Director for PERSA, spoke to the committee offering a brief history of the organization and presenting their pitch for a 5% across the board increase for all current retirees, with a cap of $600.00. CCA has taken a position to support PERSA's efforts on this issue.

Select Committee to study Court Facilities - Committee members Adell Chandler & Patsy Nolan attended this meeting. The committee listened to a presentation by Mike Gioulis, restoration specialist, on the specific problems and considerations involved in renovating or modernizing a historic building. The committee members were also given legislation drafted by counsel, directed by Co-Chairman Rick Staton, that would set up a "Court Facilities Fund Authority" created on the pattern of the infrastructure council and the school building authority. He asked members to review and discuss this draft and make suggestions and to also come up with suggestions on how to fund this authority over the next two months. Co-chair Staton stated that he wants this funding resource to be available in addition to other methods for funding being pursued by the counties. I will be sending copies of this draft to the members of CCA's legislative committee for review. All comments and suggestions regarding this draft should be referred to CCA's representatives on this select committee:

Commissioners L.D. Egnor, Cabell County (526-8634) and Teresa "Terry" Frame, Braxton County (765-2716) prior to next month's interim meetings.

Legislative Oversight Committee on Regional Jails & Correctional Facility Authority - Report from Howard Painter, Warden, Mt. Olive Correctional Complex, on the recent "sit-down" at the facility. Due to some unhappiness of inmates over a new policy to limit the amount of personal belongs allowed per inmate, there was a "sit-down" of a number of prisoners in the yard. After a number of hours and discussions everything was back under control and without any use of force. Warden Painter, Commissioner Kirby, and DOC Staff were highly commended for their quick call to action and the peaceful manner in which they regained control. Regional Jail Director Steve Canterbury also reported to the committee on the status of a number of projects, the October 13th opening of additions to the WV Industrial Home for Youth at Salem, the conversion of the historic warden's residence at Pruntytown to office space for the facility, and the site selection of the Tygart Valley Regional Jail at the Norton site located on Corridor H in northern Randolph County. He also reiterated his request for a salary increase for correctional officers. Since last interim meetings, he reported losing seven more officers to better paying jobs, five (as correctional officers in surrounding states) at Eastern Regional Jail and two more (each taking a job as correctional officer in Maryland) at Potomac Highlands Regional Jail. Committee Co-chair Senator Shirley Love advised Director Canterbury that committee staff will be working on draft legislation to address the salary increases by the next interim meeting. (It was unclear if the proposed increases would be funded by counties thru per diems or by the state in this draft.)

Finance Subcommittee C - PSC Commissioner Charlotte Lane gave the committee a brief overview of where we stand in the process of electricity de-regulation. A 13 year plan has been prepared and agreed upon by a majority of stakeholders involved that would freeze current utility rates for four years and then allow modest rate increases in years 5 thru 13 based on CPI. The remaining issues to workout deal with taxes, both public utility tax and B&O taxes. Commissioner Lane assured committee members that legislation has been drafted that will fix tax statutes with minimal affect on local governments, in fact the taxes will continue to be distributed in exactly the same manner as they are now. PSC will provide draft legislation and county by county breakdown and distribution of taxes at the next interim meeting. They will also report on how other area states are handling the de-regulation issues and how well its working in other states. Under the WV proposal, large energy users will benefit most from de-regulation. Nothing in the legislation prohibits any groups from joining together to bid on purchasing electric, therefore major groups across the state could conceivably join together to get better rates (school boards, local governments, the state government, ect.)

Joint standing committee on the Judiciary - Committee received subcommittee reports and reported on a number of draft bills from the subcommittees. Judiciary Subcommittee C reported a bill addressing a number of issues dealing with mental hygiene, requiring newly appointed mental hygiene commissioners to take an orientation course, allowing sheriffs (with the approval of the county commission & the circuit court) to contract with municipalities to transport persons who are committed as well as a number of other technical issues. The bill also adds a proviso to 27-5-1 (d) Duties of sheriff..., that requires "that an individual transported into this state from another state for purposes of treatment shall upon a finding of probable cause be transferred to his or her state of residence for treatment pursuant to the provisions of subsection (p), section four of this article." (I am searching to see if this proviso will have any positive affect on county cost concerns.) The committee reported this bill out with a recommendation that the legislature take up the issue for consideration at the upcoming session.

Exercise your Rights!!!

Be sure to VOTE November 7th

Commissioners' Corner: News Letter

Vol. 5 No. 5

August 2000 ~ County Commissioners' Association of West Virginia ~ Rick Rice, President ~ Vivian Parsons, Executive Director

INSIDE...

Lewis County Wins Award
President's Perspective
Site Chosen for Annual Conference 2001
Outgoing President Summarizes Association's Accomplishments
Fall Board meeting Scheduled
Supreme Court Interprets Regional Jail System Rules
Regional Jail Authority Meets
August Interim Report
CCA "Long-Range" Calendar

Association Elects Leadership for 2000-2001...

The membership of the County Commissioners' Association met on August 7, 2000 and elected the following members to serve as the 2000-2001 Board of Directors for the Association:

President: Rick Rice, Upshur County
Vice-President: Jim Booton, Wayne County

Immediate Past President:
Norm Schwertfeger, Brooke County

Ex Officio Members:
John Sorrenti, Hancock County
Jim Sago, Marion County
Sam Hicks, Lewis County

District 1
Chair: Cecily Enos, Marion County
Don Mason, Marshall County
Tom Keely, Harrison County
Tim McCormick, Ohio County
Victoria Cole, Preston County

District 2
Chair: Jim Ruland, Jefferson County
Jim Waybright, Jackson County
Larry Chapman, Gilmer County
Bob Burkhart, Berkeley County
Phil Maggio, Morgan County

District 3
Chair: John Witt, Fayette County
Joe Coburn, Mercer County
Larry Cline, Mingo County
Mickey Protan, Boone County
William "Chuck" Armentrout, Webster County

2000-2001 Legislative Committee (along with the Exec. Committee & the ex officio board members)...

Reg 1: Tom Keeley, Harrison & Ora Ash, Doddridge

Reg 2: Joyce Harris-Thacker, Upshur & Lention Offutt, Wirt

Reg 3: Rick Wellman, Wayne & Lonnie Mullins, Summers

Lewis County Commission Wins Achievement Award

This years recipient of the Thelma J. Stone Memorial Achievement award is the Lewis County Commission.

Each year at the WV State Auditor's Annual In-Service Training for County Commissioners and Assistants, the State Auditor Glen Gainer presents this achievement award to a county commission which exemplifies outstanding performance and extra-ordinary achievement over the past year. The award goes to a county commission which has superior leadership qualities and has demonstrated a willingness to work as a team in achieving their goals.

Commissioners Sam Hicks and Tom Fealy, along with Administrator Robin Poling and Assistant Shelia Lewis accepted the award for the Lewis County Commission.

The County Commissioners' Association congratulates the Lewis County Commission on this outstanding achievement.

President's Perspective...

by Rick Rice

Greetings county commissioners... It is indeed an honor for me to serve as President of CCA. I hope that I can carry on the tradition of leadership shown by so many past presidents. I want to especially thank Norm, our immediate past president, for involving me in every way possible. I welcome our new vice-president Jim Booton. I have come to know Jim over the past five years and have a great deal of respect for his contributions to our association. I also want to welcome our new Board Members as well as those seasoned veterans returning to fight our battles with the legislature. Congratulations are also in order to those elected to serve on our legislative committee. I have appointed Jim Ruland from Jefferson County to chair the legislative committee.

Our upcoming fall board and legislative committee meeting will be held September 17, 18, and 19 at Comfort Inn and Suites, Beckley WV. This meeting is crucial in order that we prioritize our top four or five legislative issues. I encourage all commissioners to attend either or both of these meetings. You do not have to be a board or legislative committee member to attend and contribute.

This year I am going to try and separate as much as possible the legislative portion of our meeting from the business portion. The legislative committee will meet at 2:00 p.m. on Sunday, September 17, 2000. It will be their job to set our priorities and formulate a game plan. If you have an issue near and dear to you, either plan on attending or present your issue to a legislative committee member, prior to September 17th . The legislative committee will then report to the full Board on Monday Sept. 18, 2000 and sometime that day the Board will endorse the platform as presented. I want to keep discussion on legislative issues by the board on the 18th to a minimum. This is the reason we have a legislative committee. If you feel very strongly about an issue, I invite you to attend the legislative committee meeting on Sunday, Sept. 17th to make your case.

I want to use Monday to take care of board policy and business matters and also to strategize and formulate a procedure for making our views known to various legislators, Example: writing letters, phone calls, e-mail, personal visits etc. We also need to identify key legislators we can count on and target those who always seem to oppose us. We have talked about this in the past but it just never seems to come together during the session.

Once again thank you for your vote of confidence and I am honored and humbled to be your president. Please feel free to call me at any time with any issue. My office number is (304)472-4397 and if you leave a message I will return your call.

Fall is fast approaching and with football and soccer many of us will be extremely busy. This is why we must make the most of the fall board meeting. After this date new legislative issues cannot be addressed except for an extreme emergency. If you are on the board or legislative committee please make every effort to attend the Beckley meeting and I encourage all commissioners who are not on either board to make an effort to attend.

Vice-President 2000-2001 - Jim Booton

Site Chosen for 2001 Annual Conference

On August 7, 2000, the Association membership voted to hold the 2001 Annual Conference of the County Commissioners' Association at the Mountaineer Racetrack & Gaming Resort in Hancock County. We have reserved August 11 - 14, 2001, so mark your calendars now. For long term planning, "Snowshoe" will be the site in 2002.

Outgoing President Summarizes Association's Accomplishments

Outgoing President, Norm Schwertfeger spoke to the Association membership during the business meeting August 7, 2000, of the Annual Conference, thanking the membership for their trust and support of him over the last two years. He acknowledged the many trials, as well as accomplishments, that the Association has survived during his two year term of office. Borrowing from "David Letterman," Norm gave his top 10 list of accomplishments for 1998 - 2000, as follows:

10) We initiated the Association's strategic planning meetings and established goals for our organization to work towards.

9) We purchased a building to house our County Commissioner operations, moved into the headquarters and we';re preparing to lease the upstairs for additional revenue.

8) We've hired a part time assistant to our Executive Director to help with continuity in the state office.

7) We purchased a laptop computer & printer so that we could provide our Executive Director with the capacity to disseminate more immediate info to us.

6) We've continued the county training project started by Past President John Sorrenti and made further enhancements and now our other elected county officials are interested in participating with a similar program.

5) We developed an Associate membership program to improve our public/private partnerships.

4) Our organization succeeded in passing the Magistrate Court Funding Bill!

3) We expanded our working directory of County Commissioners to include advertising from vendors

2) Many of these accomplishments were done while trying to keep the CCA and the WVACo on good terms because many of our changes & growth could have been misinterpreted as pulling out or away from WVACo and that has not been our interest or intent.

1) And, most importantly, we kept open communication with our Executive Director Vivian Parsons and Vice-President Rick Rice, our Executive Committee and our Board of Directors. And lastly, as outgoing President, I am indebted to Immediate Past President Sam Hicks who showed me and this organization humility and honesty, two excellent traits worthy of trying to follow.

At that point, President Schwertfeger turned the reigns of the Association's leadership over to incoming President Rick Rice, Upshur County Commissioner.

Fall Board & Legislative Meeting Scheduled September 17 -19

The County Commissioners' Association's Fall Board and Legislative Committee meeting will be held at the Country Inn and Suites in Beckley WV. On September 17, 2000 the Legislative Committee will meet at 2:00 p.m. to debate the issues that the Association will concentrate upon during the 2001 Legislative Session. All commissioners who are interested in participating in this process are encouraged to make plans to join us at this meeting. The Board of Directors will meet beginning at 9:00 a.m. on September 18, 2000 to conduct Association business and endorse the Legislative Committee's recommendations. Following dinner, the Humanities Council will present "A Living History of John L. Lewis." Any unfinished business will be concluded on Tuesday morning at 9:00 a.m. Sleeping room reservations should be made by calling the Country Inn and Suites directly (304) 252-5100. The registration fee for this meeting is $75.00 and may be billed to your county by calling this office in advance.

Supreme Court Gives Strict Interpretation for Regional Jail Systems rules

In its January 2000 term, the WV Supreme Court of Appeals ruled against Mineral County officials who were using their County Holding facility as a jail. Mineral County could house these prisoners for $20 per day as opposed to the $39.50 charged by the Regional facility. In addition to saving the county money it was easier for prisoners working on Litter Control or Work release or those prisoners serving weekend jail terms and community service terms, since they would not have to drive the 40 to 60 minutes to and from the regional jail. The defendant was allowed to file a "Request For Local Incarceration and Waiver of Rights" to assure the court of the defendants awareness of the difference in the standards of the Local and Regional facilities.

The Court ruled that this was not the intent of the Code (WV Code 31-20-10(g)[1998]) for the Regional jail system and that the Mineral County facility must be strictly a holding facility.

Mineral County Commissioners stated that the ruling would cost approximately $200,000 to $250,000 per year and "We're not pleased we had to make this kind of decision to spend this kind of money."

Regional Jail Authority Meets

The Authority gathered on August 21st for its monthly meeting, but unfortunately did not have a quorum. All issues were for discussion purposes only. The inebrate center proposal for the southwestern regional jail was discussed. This center could house inebrated individuals at about $10-12 per night rather than the $39.50 per night it costs counties for each night in the regional jail. Canterbury suggested that rents from such a facility would go to maintenance funds and operation costs. The Authority has approved a study of such a proposal, and Canterbury would like a thumbs up or down from the Authority at the next meeting as whether to move forward with building such a facility.

August Interim Report

From Vivian Parsons, Exec. Dir.

Select Committee to Study Court Facilities - County Committee members present - Commissioner L.D. Egnor & Sheriff Jeff Woofter. Group felt that they had a good grip on the needs of county courthouses and now need to move toward developing a funding source and a method for distributing funds under certain guidelines and standards. Del. Staton suggested that staff draft legislation for consideration at the next meeting, to create a board or commission made up representatives of elected county officials, legislators, and other involved state agencies and to include ways of providing funding for distribution by the board or commission. The created board would set up a method for distributing funds based on certain standards and criteria (a method similar to the school building authority with less bureaucracy).

Legislative Oversight Committee on Regional Jails & Corrections - Committee discussed comparison between salaries & benefits of federal correctional employees and state correctional employees. Committee asked for more in-depth comparison at next meeting on salaries, retirement programs, medical insurance coverage, and holiday and sick day packages.

Finance Subcommittee A - The committee heard a presentation from David Price, Executive Director for the WV Library Commission regarding the library funding levels, county by county, from both state and local government sources. Possible funding sources listed in this presentation included governing authorities (municipalities, county commissions, & Boards of Education), excess levies, and/or special laws passed by the legislature to fund a particular library system. Also, state funds, federal funds, and other non-tax sources. Mr. Price suggested several resolutions to funding needs by the libraries including, increased funding by the state thru lottery funds, lowering the 60% requirement for passage of special levy for library needs to 50% plus one, contracts with Board of Educations, and more (or state-wide) special laws that dedicate a portion of local taxes to the library. Currently only 10 counties have special laws that require a percentage of all local property taxes dedicated to the library system. Those counties are Berkeley, Cabell, Hardy, Harrison, Kanawha, Lincoln, Ohio, Raleigh, Tyler, & Upshur. The committee would like to hear from local governments at their October interim meeting as to their side of the issue.

Judiciary Subcommittee A - The committee discussed several issues including pawnbroker regulation legislation, an overview of small utilities legislation, and a summary of the recent annexation stakeholders meeting. The pawnbroker regulation legislation would create state-wide regulations for pawnbrokers as well as give counties and municipalities "permissive"ordinance authority to further regulate pawnbrokers. Staff attorney, Joe Altizer, summarized discussions on legislation to address failing small utilities and create a method for requiring an existing capable utility to take over such a failing system. A stakeholders meeting is scheduled for Tuesday, August 22nd for further discussion of the issue. Staff Attorney, Rita Pauley, gave the committee a summary of comments from the annexation stakeholders meeting. The meeting took place on 8/1/00 and made the following recommendations on annexation issues: better definition of "minor boundary adjustment," the use of minor boundary adjustments for shoestring annexations, focus on perceived fears relating to extension of boundaries into unincorporated areas near to cities, consideration of what benefits are derived by city and counties relating to annexation to assist in developing innovative solutions, investigating the expansion of who is a freeholder, defining standards of service to be provided to newly incorporated areas, the relevance of impact fees connected to growth & development instead of zoning, modify density requirements relating to annexations, changes to planning legislation to allow counties permissive authority to deal with urban sprawl, and considering different classes of municipalities and counties when defining annexation procedures. Another stakeholders meeting will be scheduled soon.

CCA "Long-range" Calendar

Aug 24, 2000 Property Valuation Commission Mtg - Flatwoods, WV - 11:00 am
Sept 10-12 Legislative Interims - Charleston, WV
Sept 17-19 CCA Board & Legislative Mtg - Comfort Inn & Suites, Beckley, WV
Sept 25 Regional Jail Authority Mtg - Charleston - 1:30 pm
Oct 1-3 WVACo Board & Legislative Meeting - Holiday Inn, Martinsburg
Oct 8-10 Legislative Interims - Snowshoe
Oct-Nov CCA Regional Roundtables
Nov 7 General Election Day 2000
Nov12-14 Legislative Interims - Charleston
Dec 17-19 Legislative Interims - Charleston
Jan 7-9, 2001 Legislative Interims - Charleston
Jan 21-23, 2001 "Basic Training" for Newly elected & veteran commissioners - Holiday Inn, Bridgeport, WV
Feb 11, 2001 CCA Legislative Reception - Charleston
Feb 11-13, 2001 Legislative Interims - Charleston
Feb 14, 2001 2001 Legislative Session Begins
March 4, 2001 CCA Educational Training Series XVIII
March 4-6, 2001 WVACo Annual Meeting - Marriott, Charleston, WV
April 14, 2001 2001 Regular Legislative Session Ends
May 20-22, 2001 CCA Spring Board & Legislative Comm Mtg - Sycamore Inn, Williamson, WV
July 13-17, 2001 NACo Conference - Philadelphia, Pa
Aug 11-14, 2001 CCA Annual Mtg - Mountaineer Racetrack, Chester, WV
July 12-16, 2002 NACo Conference - New Orleans, LA
Aug 10-13, 2002 CCA Annual Mtg - Snowshoe Mountain, Snowshoe, WV

Board Meeting 8/5/2000

Board of Directors - 1999-2000

Putnam County Presenters

Marjorie Ryan, Linda McClanhanan, and Commissioner Jim Caruthers

CCAWV Education and Training Session Photos - Parkersburg, WV - August 6, 2000

Vol. 5 No. 4

July 2000 ~ County Commissioners' Association of West Virginia ~ Norm Schwertfeger, President ~ Vivian Parsons, Executive Director

INSIDE

Agenda set for Training Series XVII

The "Dues-Blues" are back

President's Perspective

Per Diem Increase Could be on the Table

Get Well Wishes Extended

Is your Solid Waste Authority Y2K Compliant?

National Brownfields 2000 Conference to be held October 11-13

July Interim Report

Retirement Issues

CCA "Long-Range" Calendar

Agenda set for Training Series XVII

The agenda for the County Commissioners' Education Training Series XVII is shaping up nicely. Below is the schedule of events for the Sunday, August 6th session. Please note the "Common Bonds" Roundtable. The "common bonds" session is the time set aside for County Commissioners to share experiences with each other. Tell how your county is pursuing economic development, learn how other counties are dealing with E-911, share your knowledge of obtaining grant money, ask how other counties are monitoring building permits. Have your issues jotted down and be ready to share!!! This could be a very valuable session if everyone participates. If you haven't registered for Sunday's Training there's still time-- Just give us a call!

Sunday, August 6, 2000

2:00 - 2:15 Welcome to Wood County

Wood County Commission

2:15 - 3:00 WVU's Environmental Services & Training Programs

"Water & wastewater focus for small & rural communities"

Mr. John Mori, Director

3:00 - 3:45 Planing for Pipes

"Creative Financing for Water, Sewer and Stormwater Facilities in Your County"

Ms. Marjorie Ryan, Director, Office of Planning & Infrastructure - Putnam County

Honorable Jim Caruthers, Putnam County Commission

Ms. Linda McClanahan, Administrator Putnam County

3:45 - 4:00 pm Break

4:00 - 5:00 "How to pass a special levy in your County"

Dr. Kevin Leyden, Associate Professor, Pol Sci, WVU

Honorable Norm Schwertfeger, Brooke County Commission

Honorable Lewis Knight, Doddridge County Commission

5:00 - 5:45 - Tax Reform "Where it is and where it's going"

Secretary Robin Capehart, West Virginia Department of Tax & Revenue

5:45 - 6:30 "Common Bonds" Roundtable Discussion

The "Dues - Blues" are back...

Invoices for the 2000-2001 dues to the County Commissioners' Association were mailed to each county commission office on June 1, 2000. A number of counties have already sent payment, and I hope your county has already made it's decision to join. In accordance with the CCA bylaws, each county has 90 days from the date of the invoice to submit payment and remaining in good standing. We encourage each and every county commission's participation and look forward to working with you in the coming year!

Each year when dues are paid, a number of counties struggle with "bad" press or negative comments from the public, many who have no idea who CCA is or what our organization does. Most consider the organization "only" a lobbying group. While that is one very important function by which we endeavor to protect county revenues and thus the constituent's tax dollars, it is by no means the only service we provide. As you will see in our mission statement, the Association exists to promote the interest and general welfare of local county government through education, legislation, and communication, in an attempt to provide better services and representation for the citizens who elect us.

In an effort to help you provide information about CCA to the media and county constituents, we have reformatted and updated our marketing brochure designed a couple of years ago. I am mailing a copy to each county commission office for your review and use. If you need more brochures, just call this office (304) 345-4639 and we will gladly provide additional copies. (We are printing them in-house to save on printing charges and will produce the number you request.)

President's Perspective

by Norm Schwertfeger, President

Greetings Commissioners!!! Hope this newsletter finds all of you in good health and preparation for attending our summer board meeting and training program in Wood County.

As Commissioners for our fifty-five counties, we have plenty of issues to tackle at our up-coming meeting. The number of issues seem to grow rapidly as we near our scheduled meeting date.

I look forward to seeing each of you in Parkersburg and bringing our collective resources together in service to our local counties of West by God Virginia!

Per Diem Increase Could be on the Table

At Monday's meeting, Steve Canterbury, Executive Director for the Regional Jail Authority alerted members to the need for an increase in the per diem by July 2001. He suggested as much as a $4.00 hike to raise the salaries of regional jail correctional officers whose highest salaries are less than the "entry" level salaries for federal correctional officers. With the opening of federal prisons in Gilmer, & possibly other counties in the near future, he fears losing experienced staff.

The Authority also approved requesting the legislature to consider a proposed rule to charge interest to counties, cities, and other government entities, when payments to the regional jail authority for housing prisoners are more than 90 days past due. The rate of interest would be determined by the Tax Commissioner and would start to accrue on the 91st day. The rule will have to go through the legislative rulemaking review committee process in the next session.

The Authority also approved a public hearing for a site in northwestern Randolph County on the Barbour County line called the Norton site, for the location of the 10th and final regional jail -called Tygart Valley.

Commissioner Sam Eichelberger, Tucker County made an appeal to the Authority to choose a site in their industrial park near Thomas. He noted that the construction costs for the Norton site will be much higher and that with the coming of video conferencing, the need for central location because of transportation costs becomes less of an issue. He also noted the economic need for the prison in his county. Commissioner Eddie Canterbury, Barbour County also spoke to the Authority. He expressed disappointment that the Belington site in Barbour County was rejected, however felt Barbour Countians would still "benefit significantly" from the nearby Norton site.

Is your Solid Waste Authority Y2K Compliant?

On July 1, 2000, the term of one county commission appointee on each local county or regional Solid Waste Authority (SWA) expired.

Many of you have already appointed the existing SWA member to another four-year term which began July 1, 2000, or filled that position with another individual. If you haven't already made your appointments or heard from your local authority or the Solid Waste Management Board (SWMB) you will be receiving a call soon.

The process for appointment generally begins with the SWA sending a letter to the county commission recommending an individual for appointment. If you have not yet received such a letter or made an appointment for the new term please contact your local SWA or the Solid Waste Management Board toll free at 1-877-861-3155.

The SWMB should receive a copy of the commissions's appointment letter, a copy of the motion in which the appointment was made or a copy of minutes from the meeting when the appointment was made.

If you should have any questions please contact Nathan Belue at the Solid Waste Management Board at the above number.

National Brownfields 2000 Conference to be held October 11-13

Potentially contaminated property, such as brownfields, has been identified as one of the major obstacles to revitalizing communities. States across the nation are turning these contaminated properties around and returning them to productive use, creating jobs, and creating hope. The national Brownfields 2000 Conference will be held in Atlantic City, NJ from October 11-13, 2000. Over 2,000 people attend Brownfields '99 last year, and an even larger crowd is expected this year. This conference brings together key experts from all levels of government, business, finance and local communities to share ideas and experiences in the field of environmental redevelopment. Participants in the conference focus their efforts on properties know as "brownfields" - abandoned, idle, or underused industrial and commercial properties at which real or perceived contamination interferes with efficient expansion or redevelopment efforts.

For those of you who are interested in attending, conference brochures are available by call this office (304) 345-4639. For further information you can visit the www.brownfields2000.org web site or contact Ms. Josie Matsinger, Region 3 Brownfields Coordinator, at (215) 814-3132.

July Interims Report

From Vivian Parsons, Exec. Dir.

Finance Sub-Committee A - Local Health Board Funding -Report from Kay Shamblin, Department of Health and Human Resources regarding the process of the SB 542 the Health Transition Bill. Under the transition plan, the local health boards must submit a funding program plan. Based on the amount of local funding (above the FY 1998 bench-mark amount,) the county health board will receive a dollar per dollar match of transition funds appropriated by the legislature. This plan was due June 1, 2000. As of July 7, 2000, 43 plans have been received. Two county plans were very late and have not yet been approved which could delay funding, however it was noted that the department is working with those counties. It was reported that local government funding to health departments has consistently gone down over the last 3 years. Only one county has actually failed to provide matching funds therefore forfeiting their transition money, and it was noted that it was for a very small amount. Health official fear that the funding levels will continue to get worse with the reduction in county tax base. They suggested a possible appeals process for those counties who may have a true financial crisis.

Oversight Committee on Regional Jails: Discussion of increases in prison population and growing trends for both state and regional jails. Report from Paul Kirby, Commissioner for DOC indicated that current facilities for DOC inmates are over capacity now. New DOC facilities are needed soon. Over the last 3 years DOC has spend $21.5 million to house state inmates. DOC is working with a consulting firm to do a population forecast model that will allow for better population projection and management. Through the court of claims DOC has paid the Regional Jail Authority $4.5 million for housing state prisoners. Steve Canterbury reported on the Regional Jail Authority meeting.

Judiciary Sub-Committee A- ANNEXATION: Following an overview of the current annexation laws written in 1936, attendees were given the opportunity to speak on the issue. Commissioners Jim Sago, Marion County and Jim Booton, Wayne County spoke to the committee regarding common problems experienced by Commissioners with regards to the minor boundary adjustment method of annexation.

Commissioner Sago told the committee that while it is good public policy to facilitate municipal annexation requests to accommodate growth of infrastructure and services, shoestring annexations were meant to reasonably shape a city's boundaries, not create "a shoe-string without a shoe!" Commissioner Booton shared Wayne County's recent experience with shoe-string annexation where a city attempted to annex a roadway only and literally surround some 470 citizens who strongly opposed the annexation, but were not considered freeholders under current law, and therefore had no right to object. The only freeholder in this situation was the Department of Highways, which takes no position. With further research, it was determined that those citizens who had given an easement of right-a-way for the highway were still considered the owners of the property under the highway. Based on this assumption, the Wayne County Commission denied the annexation request. The issue was pursued in circuit court and the Wayne County Commission prevailed. So far, there has been no appeal. However, the problem with current law still remains. Other issues, such as county and city planning nightmares, issues where long term road construction projects are annexed for the B & O taxes, voter registration confusion of who is eligible for city elections, law enforcement issues, and emergency call dispatch confusion, were all presented as the result of unusual, unreasonable, and even absurd minor boundary adjustment annexations. The committee will decide on some policy issues they'd like to address and will form a stakeholders group to work on these issues. The schedule date for the stakeholders meeting will be Tuesday, August 1, 2000 at 10:00 am in the Senate Judiciary Room of the Capitol. Any commissioners interested in participating are encouraged to attend, CCA will be participating.

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Please remember to bring your door-prizes for the luncheon on Monday.

Also please bring your business cards and we will make luggage-tags for you compliments of the Commissioners' Association!

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Get Well Wishes are extended to Commissioner Butch Shaver, Wood County, who has recently undergone heart surgery at

Charleston Memorial Hospital. Commissioner Shaver, we hope you are feeling much better soon!

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Retirement News

By John Sorrenti, Hancock County Commissioner

While working for the Hancock County School System, I knew that I was not eligible to participate in the Public Employees Retirement System (PERS) but after I retired, I felt that I should be able to join that System.

I applied for Membership and that request was denied. The only reason given was that the PERS System "historically" denied requests of those that were in any way affiliated with the Teachers Retirement System (TRS). I decided to do a little research, and having been a Stenomask Court Reporter for 14 years, doing some legal research was not foreign to me.

In researching the Law, I found in 5-10-17 under the section that lists those excluded from membership...."Provided, that the exclusions of membership shall not apply......to any member of the legislative body of any political subdivision." This means that a retired member of the Teachers Retirement System that is a County Commissioner should be eligible for PERS since the County Commission IS a legislative body of a political subdivision. After doing some more research, I applied for an Administrative Hearing before a Hearing Officer. That hearing was held in May and PERS, after having done their own research, concluded that indeed I was eligible to join PERS.

Understand, that I am not eligible to use all the years that I have been a Commissioner for retirement purposes, but only from the date of my retirement from the school system. The Board of PERS met on July 5th and ratified the findings of the Hearing Officer.

CCA "Long-range" Calendar

July 10, Regional Jail Authority Meeting, Charleston, WV

July 14-18, NACo Meeting, Charlotte, NC

Aug 5, CCA Board Meeting, Parkersburg, WV

Aug 6, CCA Training Series XVII, Holiday Inn, Parkersburg, WV

Aug 7-8, CCA Annual Auditor's In-Service Training, Holiday Inn, Parkersburg, WV

Aug 20-22, Legislative Interims, Charleston

Sept 10-12 Legislative Interims, Charleston, WV

Sept 17-19, CCA Fall Board & Legislative Meeting, Comfort Inn & Suites, Beckley, WV

Oct 1-3, WVACo Fall Board & Legislative Meeting, Holiday Inn, Martinsburg, WV

Oct 8-10, Legislative Interims, Snowshoe

Oct-Nov CCA Regional Roundtables

Nov 7 General Election Day 2000

Nov12-14, Legislative Interims, Charleston

Dec 17-19, Legislative Interims, Charleston

Jan 7-9, 2001, Legislative Interims, Charleston

Jan 21-23, "Basic Training" for Newly elected & veteran commissioners, Holiday Inn, Bridgeport, WV

Feb 11-13, Legislative Interims, Charleston

Feb 14 2001 Legislative Session Begins

March 4 CCA Educational Training Series XVIII

March 4-6, WVACo Annual Meeting, Marriott, Charleston, WV

April 14 2001 Regular Legislative Session Ends

May 20-23, CCA Spring Board & Legislative Comm Mtg, Sycamore Inn & Brass Tree Restaurant & Lounge, Williamson, WV

Commissioners' Corner: News Letter

May 2000

Vol. 5 No. 2

County Commissioners' Association of West Virginia

~ Norm Schwertfeger, President

~ Vivian Parsons, Executive Director

Breaking News ....

CCA Making Web Site Improvements

County Commissioners' Legislative Initiatives Wanted

President's Perspective

2000 Interim Study Topics Selected

Reminder from CCA's Legislative Time Line

NACo Steering Committee Nominations Due by June 10th

Join NACo by June 30th and Get Free Conference Registration

CCA Salutes our Associate Members

Seven Important Reasons Why Your County Should Be A Member of CCA

Spring Board Meeting Held at Bridgeport

The County Commissioners' Association held their Spring Board of Directors meeting, May 21-23, 2000, at the Holiday Inn in Bridgeport, West Virginia. We'd like to thank our host, the Harrison County Commission (Tom Keeley, Roger Diaz, and Beth Taylor) and their staff for their help in putting together a successful meeting.

The CCA Budget Committee met on May 17th to put together the 2001 budget recommendations. I would like to thank them for their time, hard work and dedication. The 2000-2001 Budget Committee included, Chairman Jim Booton, Wayne County; John Witt, Fayette County; Rick Rice, Upshur County; Larry Yoho, Wetzel County; and George Kource, Hancock County. The Board of Directors approved the Committee's recommendations.

Other business included a video of the new office quarters, update on renovations; discussion of updating the CCA Handbook; future meeting dates and locations; and CCA committee reports and appointments. The afternoon session included a discussion of the 2000 Legislative Session; Scheduled Topics for the 2000 Interim Meetings; and a discussion of any legislative issues for 2001. Overall, it was a great meeting with good feedback.

CCA Making Web Site Improvements...

What counties have dog leash ordinances? How do other counties deal with comp-time and over-time? What are the starting salary ranges of sheriff deputies in other counties of the same population of your county? These are perfect questions to post to the "members only" county commissioners' bulletin board that's coming soon to CCA's web site!

All member county commissions will be provided with the password to access this site on our web page at as soon as it is up and running. This addition to our web site will allow members to post questions and comments and will provide the perfect forum for sharing valuable information quickly!

Also, the monthly CCA newsletters are now being posted to the web site for your convenience. If you have any "site" suggestions, please e-mail them to me at: ccawv@citynet.net

County Commissioners' Legislative Initiatives Wanted...

It's that time of year, when the CCA begins to collect legislative issues for consideration by its Legislative Committee. The committee requests that all issues and ideas for consideration be submitted in writing, the sooner the better. You may mail your issues directly to the CCA office any time between now and the August Annual Meeting and/or bring your issues in writing to the August Annual Meeting for discussion at the Legislative Roundtable. The CCA legislative committee will meet following the Annual meeting to hammer out the issues and come up with a proposed legislative agenda. The recommended agenda will then be presented to the full Board of Directors at the Fall CCA Board Meeting.

President's Perspective...

Norm Schwertfeger, President

Greetings and salutations to all my fellow and female (Cecily) Commissioners. Hope this newsletter finds all of you in great health and personal prosperity.

Most of you are aware that the recent election has taken its toll on County Commissioners statewide. Out of 56 County Commission elections we have, as of this date, 28 new Commissioners, with 15 contested elections in the general election. On behalf of the CCA, I wish each of the outgoing County Commissioners the best in your future pursuits and sincere appreciation for everything you did to make our association a strong, viable organization statewide.

The CCA Board met recently in Bridgeport to conduct our Spring Board and Legislative Meeting. We reviewed a BRIEF video presentation prepared by Vivian of our newly acquired property in Charleston. Thanks to all of the counties that have made this dream a reality by supporting our efforts and paying your special assessment for the property. We also received reports from our CCA representatives to WVACo Board, the Executive Directors Evaluation Committee and the Budget Committee. Thanks for all your efforts and your active participation on these Boards and Committees. WE WANT TO ENCOURAGE COMMISSIONERS WILLING TO BE ACTIVE PARTICIPANTS TO CONTINUE SERVICE TO OUR ASSOCIATION.

We are also in the process of submitting recommendations to the Governor in the following Boards:

Health Advisory Council - 3 names

(Governor chooses 1)

Document Preservation Board - 3 names

(Governor chooses 1)

Jail Standards Commission - 5 names

(Governor chooses 3)

If you have an interest in serving on one of these Boards, please contact Vivian ASAP to determine which Boards still have vacancies available.

In conclusion, please remember that we encourage all Commissioners participation and involvement in the CCA Board Meetings. Thanks again for you ongoing support of the Association and we look forward to seeing you at Parkersburg on August 6- 8, 2000.

2000 Interim Study Topics Selected...

Following are a list of scheduled interim dates and a list of planned interim topics that are of county interest. Specific schedules for each month will be faxed as they are available. CCA will be following the listed topics.

June 11-13, October 8-10 (Snowshoe)

July 9-11 November 12-14

August 20 - 22 Dec 17-19

September 10-12

January 7-9, 2001

February 11-13, 2001

Interim Studies 2000

Joint Standing Committee on Finance

Libraries Funding Raising - HCR 67;

Prescription Drug Costs Reduction - HCR 81 & 86;

Electric Deregulation; and Replacing Ad Valorem Taxes on Natural Resources - SCR 20

Joint Standing Committee on Government Organization

HCA Rules on Bordering Counties - HCR 52

Joint Standing Committee on the Judiciary

County Clerks' Record Management/DS - HCR 18;

Electronic, Computer or Internet Voting - HCR 26;

Community Corrections and Incarceration; Document Imaging, Mangement & Preservation; Judicial Reform; Municipal Annexation - SCR 21;

Annexation Laws - SCR 21 and HCR 33

Joint Standing Committee on Pensions & Retirement

Study of State's Various Retirement Systems - SCR 23

Continued Studies

Select Committee to Study Court Facilities (HCR 39, 1999) and (HCR 54,2000)

Special Select Committee to be appointed by Speaker & President: Telemarketing Practices - SCR 27

Reminder from CCA's Legislative Time Line...

May-June: The CCA Legislative Committee should make its assessment of the session with the following housecleaning objectives in mind:

What worked and why.

Can the strategy/tactics employed be used elsewhere?

What didn't work and why.

How do we need to change our game plan?

What is the damage assessment?

Which issues remain to be resurrected; which issues should be pronounced dead?

What did we learn?

Which issues are candidates for inclusion on the 1st draft legislative priority list?

Recommendations could be forwarded to the Association prior to August Annual meeting.

NACo Steering Committee Nominations Due by June 10th

Do you want a voice in creating the national legislative policies of the National Association of Counties?

The nomination process for membership on NACo policy steering committees is underway. As a NACo steering committee member, you are responsible for debating and creating national policies and priorities affecting counties and serve as NACo's front line in their grass roots efforts. Committees meet at the NACo legislative and annual conferences, and one other time during the year. You will be responsible for your own travel.

You may receive a form by calling our office. Please be as thorough as possible in completing the nomination and grass roots forms, and send it to us by June 10, 2000. The nominations are processed by the state association and will be forwarded to NACo by June 15, 2000 for approval by NACo incoming president Jane Hogue. NACo will announce your appointment in September.

Join NACo By June 30th and Get Free Conference Registration

The National Association of Counties' Annual Conference has become an event that all elected and appointed county officials will want to attend. As county governments are called upon to perform more and more services, this conference offers county officials and employees a good opportunity to discover new ways to address the needs of their constituents. The Annual Conference program includes a variety of activities designed to meet the needs of all delegates. In addition to strong educational sessions and information on how your county can save money, resources and time, the conference includes affiliate, steering and subcommittee meetings, state association meetings and social events.

This year, as a special offer to non-member counties, NACo will give your county one free conference registration (a $465 value) if your county joins NACo by June 30th. The free conference registration may be used for either NACo's Annual Conference July 14- 18 in Charlotte, NC. or for NACo's Legislative Conference in Washington D.C. in 2001. NACo county dues are surprisingly affordable and are justifiable with the money savings that your county will receive from membership. Counties save cash, budget dollars, staff an time with NACo through cooperative purchasing programs, research information, technical assistance, and careful review of legislation and regulations.

In addition, NACo member counties can receive a free conference registration if they recruit counties to become NACo members!

CCA & NACo will keep your county on top of the issues... join both today!

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CCA Salutes our Associate Members...

The following is a list of Associate Members to the County Commissioners' Association of WV for 2000. We appreciate their participation in our program and encourage County Commissioners and staff to go to this list when seeking a particular service need...

GAI Consultants, Inc

Mark Holstine, P.E. P.S.

(304) 926-7606

***********

Thrasher Engineering, Inc.

H. Wood Thrasher, P.E.

(304) 624-4108

***********

WV American Water Company

Becky McClure/Dan Bickerton

(304) 340-2005

***********

Historical Design Group, Inc.

Richard Freitag

(614) 431-8085

**********

Casto & Harris

Danny Cline/Clay Miller

(304) 927-2222

**********

Allegheny Energy, Inc.

Dave Riggleman

(304) 367-3430

**********

City National Bank

Tama Followay

(304) 526-6294

**********

Clarion Hotel & Conference Center

Cathy Stadler

(304) 870-7004

**********

Industrial Appraisal Company

1-800-245-2718

**********

Snyder Environmental Services & Jefferson Utilities

Lee Snyder

(304) 725-9140

Associate Membership will be renewable July 1, 2000 for the upcoming fiscal year. If you know of a business that you'd like membership information sent to, just give us a call (304) 345-4639.)

Seven Important Reasons Why Your County Should be a Member of CCA...

As the time approaches to decide on payment of membership dues for another year in the County Commissioners' Association of WV consider the benefits of being a part of a unified group with common goals and concerns...

1) Lobbying/CCA Represents County Commissions in Charleston...CCA strives to get legislation approved that provides benefits for your county and its citizens. We also play the defense on legislation that is detrimental to your county's well-being. No matter how far from Charleston your county may be located, as a member of CCA, your voice is heard and we're looking out for you.

2) "The Legislative Line-up"...CCA provides this weekly publication during the Legislative Session to keep commissioners informed of county legislation from introduction to passage and all stages in-between. It includes a final wrap-up edition summarizing all passed legislation with county commission impact. This communication is provided as a benefit of membership and is NOT available to Non-members.

3) "Commissioners' Corner"...The monthly publication for member County Commissioners across the State. Subscriptions are included with membership. Know what's happening all year long!

4) Conferences/Workshops...CCA's Annual Conference is held in conjunction with "mandated" State Tax In-service Training for maximum cost-savings to counties. This conference is a great place to acquire information to make "informed decisions" and membership in CCA gives you the lowest registration fees. Non-members will pay considerably higher registration fees. As needed one-day workshops are also sponsored by CCA on timely topics of Commission interest.

5) County Commissioners' Training Series...This on-going Training Series, co-sponsored with the Institute for Public Affairs at WVU, offers commissioners the opportunity to stay up on new management techniques, and to explore "hot topics" as they affect local county governments. Session sare held twice a year and Association members are offered lowest registration fees. Non-members rates are considerably higher.

6) Research/Information/Surveys/ CCA of WV Web Site...When you need answers or info..... CCA's staff "goes to work for you." By way of survey, newsletter, e-mail, or other means - we'll search for the information you need! Coming soon will be the "Members Only" Commissioners' Bulletin Board for quick responses from fellow "member" commissions!

7) Networking with other County Commissioners/Directory of County Commissioners...Last, but certainly not least, CCA provides the opportunity for invaluable interaction with other county commissioners across the State. And to make that communication easier, CCA complies an annual list of County Commissioners, courthouse and home addresses, phone numbers, e-mail addresses, courthouse hours, and most importantly, county commission meeting dates and times. This directory of invaluable information that allows commissioners to stay in touch, is provided free to CCA members!

Can Your County Afford "NOT" to be a member???

Keep your county in the "KNOW"... Say "YES" to CCA & Join today!

Late Breaking News...

Regional Jail Authority Meets

The Regional Jail Authority met on May 22, 2000. According to recent newspaper articles, there were two major topics on the agenda, past due regional jail bills and a site in Randolph County for the 10th regional jail location.

The authority discussed the past-due regional jail bills for four counties as noted by a legislative audit recently performed: Kanawha owes $541,860 from Feb-March 2000, Mingo owes $601,137 dating back to July 1999 (they have remitted $330,000 of that amount), Mercer owes $221,042 and McDowell owes $415,382. At issue is whether the authority could charge interest or impose other financial penalties on late-paying counties by changing authority rules. Steve Canterbury, Executive Director of the Authority, had not had the chance to research the issue with attorneys, but suspects such a change will take legislation.

Canterbury noted that "the vast majority" of counties pay on time, however that it would be helpful if the authority had some way to impose penalties on counties that intentionally withhold payments. The article quoted Authority Chairman Dan Huck as saying, "If we're absorbing a cost for counties not paying for their prisoners, we ought to be able to calculate that." The article further stated that Authority member, Commissioner Glen Stotler said the authority should at least have a policy against providing inmate work crews for counties that owe money.

The audit further showed that the Department of Corrections has the biggest backlog of payments for housing state prisoners in regional jails, at more than $3 million. However, that money is paid by the legislature each year through legislation to pay outstanding claims against the state.

Authority members also discussed different sites in Randolph County for the Tygart Valley Regional Jail Complex, with urging from Canterbury to explore more fully the so called "Norton site" located at the intersection of WV 92 and US 33. Canterbury cited cost savings to the state as the main reason for the switch from the former site being considered, the Morris Farm located near the Barbour County line. The Tygart Valley Regional Jail will house prisoners from Barbour, Pocahontas, Preston, Randolph, Taylor and Tucker Counties.

The County Commissioners' Association have two representatives on the Regional Jail Authority: Commissioner Glen Stotler, Morgan County (304) 258-8540 and Commissioner Willie Akers, Logan County (304) 792-8626. Please contact these two gentlemen with your regional jail concerns. Also serving on this authority is Sheriff Mike Griffin, Tyler County.

The next authority meeting is "tentatively" scheduled for July 24^th in Charleston.

Funding for State-Wide Mapping Possible

As most of you are aware, the E911 Council has for some time been in pursuit of funding for a state-wide addressing/mapping program and CCA has supported these efforts. The council recently intervened in a case pending before the PSC (Case Number 00-0318-T-GI) to investigate possible reductions in Bell Atlantic WV's long distance access charges. The case involves the possible reduction in access charges Bell Atlantic has previously been authorized to charge long distance carriers for access to the Bell Atlantic system. The E911 Council has asked the PSC to authorize a portion of any future reduction in access charges to be used for the mapping project in lieu of a reduction in charges to the long distance carriers. The E911 Council believes it is justified in asking for such relief because the statewide mapping project will be a benefit to the general population of the state and the PSC has, in the past, allowed funds which would have otherwise been passed on to other utilities to at least in part be diverted to other worthwhile community projects. The E9ll Council is requesting all county commissions to write letters to PSC supporting this concept. The deadline for doing so is June 16th!

Preston Commission Battles Problems

At press time details are sketchy regarding a situation in Preston County where, according to newspaper accounts, the Preston County Commission and the Prosecuting Attorney has seized police powers from Preston County Sheriff Cecil Strawser and launched a criminal investigation against Strawser, Chief Deputy Charles Haney and Lt. Joe Stiles. This is the first step into a criminal investigation of whether the three law enforcement officers were involved in the illegal use of electronic devices in the surveillance of various employees in the Preston County Sheriff's Department, according to Preston County Prosecuting Attorney Melvin C. Snyder. According to newspaper reports, on May 24, all the deputies except Stiles and Haney wrote the County Commission, "our ultimate employer," for help. "Due to circumstances within our department, we can no longer effectively perform our duties as deputy sheriffs. These activities and others have demoralized our ability to do our jobs and we are concerned for our professional and personal well-being," the men wrote.

According to Snyder, "The commission exercised their authority under the law...to take over the law enforcement operations, the police operations of the sheriff's department. At the same time, an injunction action was filed late (Wednesday), asking the court to enjoin the sheriff from interfering with them in doing that."

At a hearing before the Preston County Circuit Court scheduled Thursday, May 25th, at 1:30 p.m. the Judge interpreted the law differently and ruled that the Commission cannot remove the Sheriffs' control of the county's law enforcement operations. However, he ordered the Sheriff not to interfere with on-going criminal investigations, not to do any illegal electronic surveillance; not to take any punitive action against the deputies, including changing their shifts or assignments; not to interfere with the duties of the sheriff's department; and Chief Deputy Haney & Lt. Stiles will remain suspended. It is somewhat unclear at this point who is left in charge of deputies.

The Judge referred to other possible legal actions, such as seeking to remove the sheriff for malfeasance in office, in his ruling. Commission President Vicki Cole said, "We're going to try to regroup here and see how the judge's orders are followed."

Looking for E-mail Addresses for all County Commissioners & Staff...

CCA is looking for e-mail addresses for all County Commissioners and their staff. We have created a list of all member addresses that we have so far. Please help us to update and add to this list. It is the quickest and most convenient, cost-effective way to get info to you. Please call or send your e-mail address to us at so that we may add it our list serve today!

Commissioners' Corner: News Letter

Vol. 5 No 1

April 2000 ~ County Commissioners' Associaton of WV ~ Norm Schwertfeger, President ~ Vivian Parsons, Exec Dir

CCA Headquarters Officially 2309 Washington St...

Headquarters has now officially been moved to 2309 Washington Street

Glinda and I thank you for your patience during the recent office move from the WVACo office building to our new location at 2309 Washington Street, East. While there are still boxes to unpack, we are officially operating out from the new address. The carpet is down, the paint is dry, the furniture moved, and phone lines installed. We're still working out a few bugs, however the phone and fax numbers are the same (304) 345-4639 and fax (304) 346-3512.

The last of the needed renovations are underway and should be completed soon. If you are in town, please stop by and visit us.

CCA Board Meeting Planned

It's time to make plans to attend the County Commissioners' Association of West Virginia's Spring Board & Legislative Committee meeting scheduled for May 21-23, 2000, at the Holiday Inn, Bridgeport, WV.

Room rates are $55.00 per night and reservations should be made by calling Holiday Inn Bridgeport at (304) 624-842-5411. May 12, 2000 is the room reservation cutoff date. Check in time on Sunday is 3:00 pm and checkout on Tuesday is 12:00 noon. Following is the "tentative schedule of events..."

Sunday - May 21, 2000

5:00 pm - Registration in Hospitality Room
5:00 pm - 6:00 pm President's meeting with commissioners' reps to WVACo
Dinner on your own
5:00 pm - Hospitality Room

Monday - May 22, 2000

8:30 am - 9:00 am - Coffee & Danish
9:00 am - 12:00 noon - CCA Business Meeting
12:00 noon - 1:30 pm - Lunch
2:00 pm - 4:30 pm - Legislative Wrap-up
5:30 pm - 7:00 pm - Dinner
7:30 pm - Hospitality Room

Tuesday - May 23, 2000

9:00 - Unfinished Business (if any)

The registration fee will be $70.00 per county attendee/ $35.00 for guests. All Board Members and Legislative Committee Members should have already received a registration form. All association members are invited to attend. Just give this office a call and we will fax you a copy of the registration form. Completed forms should be returned to this office by May 1st.

President's Perspective

I hope this newsletter finds each of you healthy and actively working on behalf of your respective counties. Please except my sincere appreciation for all of your efforts with Vivian and Glinda during this recent legislative session. I truly believe we had a very successful session and a number of our high priority legislative items were passed, including the magistrate court funding bill that will benefit all counties.

I hope to see each of our board members at the upcoming Spring Board of Directors meeting scheduled in Bridgeport on May 21-23. We are also looking forward to a very informative and productive annual meeting scheduled in Parkersburg on August 6-8. I appreciate Vivian's efforts in keeping us apprized of legislative issues this year and helping us be more effective with our legislators. I am very confident of the County Commissioners' Association's progress and looking forward to establishing our new headquarters at 2309 Washington Street. If any of you are in town, be sure to drop by and visit the staff.
Happy Easter!

Reminder from CCA's Legislative Time Line

The purpose of the CCA Legislative time line is to provide a generic set of milestones that depict who does what to whom and when. The legislative session may be only two months long, but the legislative cycle embraces all twelve. This legislative calendar serves as the framework for a coherent statement of the CCA legislative process. By making it easier for all to understand where we are in the cycle, we can focus our collective energies on the appropriate behavior for that point and time.

March - April: When the Legislative session ends in March (April in an inauguration year), the first chore at hand is to ascertain the status of legislative initiatives vital or of interest to county commissioners and to communicate those outcomes to the CCA membership. Gubernatorial prerogatives subsequent to the end of the session can leave outcomes in doubt until final action is taken. The CCA Executive Director's job is to get the word out; it is the responsibility of each individual commissioner to familiarize him/herself with the wins and the losses in order to make an independent assessment of where we go from here.

The CCA Executive Director will also provide a thumbnail description of those issues that have been designated for further study/discussion during the interim meetings of the legislature that are of interest to the CCA membership. Individual commissioners who have volunteered for duty will be provided meeting schedules and subcommittee assignments with the goal of providing county commissioner perspective to these deliberations.

Remember to fill out those Census Forms!!!!!

Don't forget tax deadline...April 16th!

Increase in State-wide Computer Network

Counties recently received a letter from the State Tax Department regarding cost increases in the budget for the State-wide Computer Network in the Property Tax Division. Counties across the state will see an average increase of 75 %.

On March 30, 2000, Commissioner Jim Waybright and Vivian Parsons, along with other elected official representatives attended a meeting with Tax Commissioner Joe Palmer and key staff members to discuss the reasons and details for the proposed increases.

The Computer Network costs are broken down into eight categories:

1) Communication - Actual cost of communication line connection between county and central server from phone service provider (includes "courtroom of the future" line charges.)

2) Storage - Charge for rental of disk space for storage of respective county data (includes counties with their own server - tax still has to maintain a copy of that county's data). County share is based on county's number of accounts.

3) Network Charges - Charges incurred by Tax for management and operation of routed network, includes minimal costs for number of e-mail accounts. County's share is based on county's number of accounts.

4) Licensing and Support Charges - System support charges paid to CLT for Licenses based on number of work stations in the county using the system.

5) Reports, Training, System Testing and Valuation Guides. County's costs are prorated based on county's number of accounts.

6) Dedicated Personnel - Personnel employed by Department dedicated to system operations - County costs prorated based on county's number of accounts.

7) Printing - Actual per county of printing costs charged by IS&C.

8) Miscellaneous Charges - actual mailing costs, etc.

For those interested in additional information, a state-wide breakdown of the increased system costs, as well as numbers for individual counties are available by calling the CCA office. (304)-345-4639.

Governor VETOES three issues of interest to CCA

Your copy of the summary of legislation passed and signed in the 2000 regular legislative session is enclosed with this newsletter. There are 27 house bills and 22 senate bills included in the summary as well as 2 house resolutions and 2 senate resolutions of county interest.

The Governor has signed all 27 house bills, however he has vetoed 3 of the reported Senate bills: SB 342 - A bill requiring proof of payment of personal property taxes for receiving business licenses & SB 356 - A bill that would modify minor boundary adjustment annexation, both issues on the platform of the County Commissioners' Association. He also vetoed SB 582 - A bill that would have allowed for a waiver of salary by elected or appointed officials, officers, & employees. CCA had no position on. Remember, if you would like a copy of any of the summarized enrolled bills or either of the three veto messages, just call this office (304) 345-4639 and we will send them to you.

Pertinent Ethic Committee Opinions

(Reprinted from the "WV Ethics Review" - October, November, December 1999

A. O. 99-30 County Commissioner / Serving on State Board

A recent appointee to a State Board which conducts hearing and renders decisions in individual cases, also serves as an elected County Commissioner. The enabling legislation requires that board members devote their full time and attention to their board duties. The position of County Commissioner is a part time, salaried office.

No provision of the Ethics Act prohibits public servants from holding a part-time elected position. The County Commissioner's service on the State Board is not a violation of the Ethics Act.

A.O. 99-34 County Commissioner/Employment by Local Community Services Organization

The County Commissioner has been offered a job with a county Community Services Organization, a nonprofit corporation serving the elderly and funded by State and federal grants. The Commissioner wants to accept the position and continue to serve on the County Commission. The County Commission provides annual financial support of approximately $15,000 to the Organization by paying its utilities bills.

Both the Ethics Act and WV Code 61-10-15, which applies only to county personnel, prohibit public servants from having a personal financial interest in a public contract, purchase or sale over which their public position gives them control. Because they control county contracts, purchases and sales, County

Commissioners may not be a party to or have a direct or indirect financial interest in them. It would, for example, be a violation for a business owned by a County Commissioner to sell supplies or services to county agencies.

However, the Ethics Commission ruled that a County Commission's financial support of a nonprofit organization dedicated to actives advancing general public welfare is not the type of transaction governed by WV Code 61-10-15 or the Ethics Act's prohibition against private interests in public contracts. It would not be a violation for the Commissioner to accept the job and continue to serve on the County Commission.

The Ethics Commission did note that the Commissioner's interest as an employee of the Community Service Organization would require him to be recused from deliberation or vote as County Commissioner on matters affecting the Commission's budgetary allocation to that Organization.

West Virginia County Commissioners Represent State at National Conference

Several West Virginia Commissioners recently attended the annual Appalachian Regional Commission conference held in Washington D. C. CCA President, Norm Schwertfeger and fellow Brooke County Commissioner Dan Gilchrist, along with Wayne County Commissioner Jim Booton, and Mercer County Commissioner Joe Coburn, all joined Governor Cecil Underwood in representing West Virginia interests on the national level. Governor Underwood was the speaker for the conference luncheon. Phyllis Cole & other state officials accompanied the Governor on this trip. Numerous issue were presented during the conference relating to workforce development; infrastructure; and transportation. Commissioners met with the WVU extension group that is a recipient of grant funds to provide technical assistance on water & sewer projects. We are have extended an invitation to this group to attend our conference and share some ideas and information. Commissioners also met with congressional delegates while in Washington D.C.

For Sale: Used Cruisers

The Wood County Commission will have used cruisers available on July 1, 2000. Some 1993 models as well as some 1997 models, complete with "police package", light bars, sirens, and strobe lights. A complete list will be available in late May. Please Contact Mary Rader, Wood County Administrator, at (304) 424-1976, for more details.