Berkeley County Commission Meeting
March 20, 2008
Present:
Steven C. Teufel, President
Ronald K. Collins, Commissioner
William L. Stubblefield, Commissioner
Deborah Hammond, County Administrator
Norwood Bentley, III, In-House Legal Counsel
Rev. Julie Harris,
Willard Wynne, Marsha Kelley, Gwen Campbell, Gary Collis, Matthew
Mullenax, Mark Holmes, Donna McMahon, Mary Kackley, Gary Wine, Mark Hofe,
Brian Taylor, William Radcliff, Darrin Buzzard, Diane Doyle, Joan
Wonder, Mike Folk, Alan Davis, William Teach, Steve Aberegg, Joseph
Hall, Gerald Cosner, Gene Hutzler
The Morning Prayer was
led by Rev. Julie Harris of the Trinity Episcopal Church followed by the
Pledge of Allegiance led by Gwen Campbell of the County’s Finance
Office.
Re:
Consent Agenda – Discussion/Action
1.
Approval of Agenda – President Teufel read the agenda aloud.
Commissioner Stubblefield stated that Shawn Cook, scheduled at
11:20 p.m. regarding the Community Corrections Draft Grant Application,
will not be able to attend today’s meeting.
He said that Mike Hofe of the Twenty-third Circuit Probation
Office will be here to discuss the matter.
Commissioner Stubblefield then made a motion to approve today’s
agenda. The motion was
seconded by Commissioner Collins and unanimously approved.
2.
Purchase Order Log – Week of March 18, 2008
3.
Approval of Minutes – February 19, 2008 and February 21, 2008
4.
Change in Status – Terry Feiser, Engineering Office
5.
Commission Calendars – Months of March and April
6.
Board and Commission Calendars – Months of March and April
7.
Inspection and Maintenance Agreement of Private Stormwater
Management Facilities – Poffinberger Property.
Mr. Bentley stated that this Agreement will have to be redone
because of a Notary error.
8.
Abstract = WV Department of Transportation-Berkeley County,
District Five-CR 11/7 (Weaver Lane) CR 11/7 (Weaver Road).
9.
Berkeley Senior Services – Amendment to By-Laws.
Commissioner
Collins made a motion to approve the Consent Agenda with the exception
of the Inspection and Maintenance Agreement for the Poffinberger
property. The motion was
seconded by Commissioner Stubblefield and unanimously approved.
A copy of the aforementioned information is attached to this set
of minutes.
Re:
Board and Commission Meeting Reports
The
members of the Berkeley County Commission attended and gave reports on
the following meetings:
1.
Berkeley County Public Service Sewer District – Commissioner
Collins.
2.
Berkeley County Fire Board – President Teufel
3.
Letter from Circuit Clerk Virginia Sine willing to do a 20%
reduction in her budget for fiscal year 2008-09. President Teufel discussed the letter.
4.
AB&C – Commissioner Stubblefield discussed the claims
against AB&C. He said
that the Development Authority, both State and local, has an investment
in this employer and Steve Christian, Executive Director of the Berkeley
County Development Authority was there Friday to make sure no vandalism
takes place.
Re:
Board and Commission Vacancies – Discussion/Action
Ms.
Hammond stated that she received an e-mail from Janet Hayes expressing
interest in being reappointed to the Water Advisory Board.
Commissioner Stubblefield then made a motion to reappoint Ms.
Hayes to another term on that Board.
The motion was seconded by Commissioner Collins and unanimously
approved.
Re:
Matthew Mullenax, Berkeley County Planning Commission
Consideration of Approval for Study on Zoning –
Discussion/Action
Matthew
Mullenax of the Berkeley County Planning Commission came before the
County Commissioners to request their consideration for approval for the
Study on Zoning. Mr.
Mullenax stated that the Study has been reviewed by Mr. Bentley and the
County Planning Director Stefanie Morton.
He said that they both recommended approval.
Commissioner Stubblefield then made a motion to approve the Study
on Zoning. The motion was seconded by Commissioner Collins and
unanimously approved.
Re:
Mark Holmes, L. Robert Kimball and Associates
Presentation of Berkeley
County GIS Needs Assessment and Implementation Plan –
Discussion/Action
Mark Holmes of L. Robert Kimball and Associates came before the
County Commission to present a power point presentation of the needs
assessment and implementation plan for the County’s GIS needs.
Mr. Holmes stated that they are hopeful that the GIS program can
be completed by early 2009. He
suggested that the County development a Steering Committee that can meet
monthly to share ideas and knowledge to help with the implementation.
Mr. Holes stated that the County will have one central data base
that will be set up to process that will have the capabilities of
importing and exporting data to other agencies.
Re:
Gary Wine, IT Director
Request for Comcast Internet Service – Discussion/Action
Request for Computer
Purchase – County Clerk’s Office – Discussion/Action
IT Director Gary Wine came before the County Commission with two
requests. The first request
was for Comcast Internet Service for Region 9.
Mr. Wine stated that there would be no cost to the Commission for
this service. He said that
the service would come off of the telephone pole and split to Region 9.
The other split goes to Blue Ridge CTC.
Mr. Wine stated that the advantage to the request is if the
County wants to hook on at a later date then the service would be there.
Commissioner Stubblefield
made a motion to approve the request for the Comcast Internet Service
for Region 9. The motion
was seconded by Commissioner Collins and unanimously approved.
The next request was for computer purchases in the County
Clerk’s Office. Mr. Wine
stated that there is a need to replace five public access terminals and
two scanners. He said that
the cost for the purchase would be $18, 500.00 and the funds would come
out of the County Clerk’s budget.
Mr. Bentley stated that the documents belong to the County
Commission by statute and it is the Commission’s responsibility to
maintain those documents. He
said that if the County Clerk does not have the funds to pay for the new
computers then the Commission will have to cover the expense. Ms. Hammond stated that the County Clerk does have $25,000.00
in his Professional Services line.
She said that only $60.00 has been spent and that was budgeted
for Software Systems. Commissioner
Stubblefield then made a motion to purchase the two scanners and the
five computers for record duplication.
The motion was seconded by Commissioner Collins and unanimously
approved.
Re:
Norwood Bentley, In-House Legal Counsel
Shawn Cook, Twenty-third Circuit Probation Office
Community Corrections
Draft Grant Application – Jefferson and Berkeley County
Norwood Bentley, In-House Legal Counsel, and Mike Hofe of the
Twenty-third Circuit Probation Office came before the County
Commissioners regarding the Community Corrections draft grant
application. Shawn Cook was
unable to attend today’s meeting and Mr. Hofe will be representing him
this morning. Mr. Bentley
stated that the grant application needs some tweaking.
He said that he does not feel there will be two separate grants
for Jefferson and Berkeley County; just one circuit-wide grant.
Commissioner Stubblefield stated that last week the Commission
thought the grant was farther along but it is not.
He said that during a meeting yesterday they did a lot of mark
ups on the grant. President Teufel stated that it may be beneficial if Berkeley
County worked through Jefferson County.
Commissioner Stubblefield stated that we feel the grant needs a
major rewrite and Jimmy Lee and Mr. Cook feels that two single grant
proposals should be submitted for Berkeley and Jefferson counties. Commissioner Stubblefield stated that if he had a comfort
level then that would be one thing but he said that he was not in the
position to recommend the grant at this time.
Following further discussions regarding the grant, President
Teufel requested that the issue be placed on next week’s agenda.
Commissioner Collins stated that this grant is something we need
to do providing the funds are there.
Re:
Brian Taylor, Nuisance Appeal Board
Donna McMahon, Berkeley County Animal Control
Linda Stronza Appeal – Discussion/Action
William D. Radcliff Appeal – Discussion/Action
Brian
Taylor of the Nuisance Appeal Board and Donna McMahon of Berkeley County
Animal Control came before the County Commissioners to present two
nuisance appeal hearings. The
first hearing was an appeal by William Radcliff regarding his dog that
attacked and killed a cat while running at large.
By a unanimous vote, the Nuisance Appeal Board declared the dog
vicious and did not feel the dog should be returned to its owner unless
a secure kennel with locks on the gate, tattooing or micro chipping the
dog and updating the dog with current vaccinations.
Several
individuals approached the bench and presented comments regarding the
case including Officer Kevin Jones of Animal Control, Ms McMahon, Diane
Doyle, William Radcliff and Joan Wonder.
Mr.
Bentley stated that the County’s responsibility under the Ordinance is
to protect the public at large. He
said that the dog meets the definition of vicious.
President Teufel stated that he was reluctant of supporting the
release of the dog back to the owner.
Commissioner Collins stated that he would abstain from any
discussion and/or action since the dog’s owners are clients of his.
Commissioner Stubblefield stated that he was troubled that the
dog went on another porch and killed another animal.
He said that he felt sorry for the owner but he would make a
motion to euthanize the dog. The
motion was seconded by President Teufel and approved.
President Teufel informed the owner that he has the right to go
before the Circuit Judge with an appeal.
Copies of the Board’s recommendation are attached to this set
of minutes.
The next
hearing was an appeal by Linda Stronza regarding three of her dogs that
were running at large and attacked another animal causing its death. Mr. Taylor stated that, by a 3 to 2 vote, the Board
recommends all three dogs be euthanized.
Attorney Melinda Dugan spoke on behalf of Ms. Stronza and stated
that the decisions that were made exceeded the Board’s authority.
She said that Ms. Stronza was not given notice that the dogs were
seized or notice of the appeal. Mr.
Taylor stated that Ms. Stronza was not kept from the appeal hearing; she
was just not allowed in the same room while someone testified.
Several
individuals approached the bench and presented comments regarding the
case including Officer Donna McMahon of Berkeley County Animal Control,
Dr. Jenifer Helman and Daniel Shore.
Mr.
Bentley stated that if the County Commission upholds the ruling by the
Nuisance Appeal Board, Ms. Stronza has the right to appeal.
Commissioner Stubblefield stated that one of the dogs, Myra, is
up for adoption but that same dog has been adopted on two other
occasions and returned. Commissioner
Collins then made a motion to allow Myra to be adopted and be removed
from the State but the other two dogs are to be euthanized.
The motion was seconded by Commissioner Stubblefield and
unanimously approved. Commissioner
Stubblefield informed Ms. Stronza that all fees need to be paid and that
she had the right to appeal to the Circuit Judge.
A copy of the Board’s recommendation is attached to this set of
minutes
Re:
Recess
Commissioner
Collins made a motion to recess the meeting until 2:00 p.m.
The motion was seconded by Commissioner Stubblefield and
unanimously approved.
Re:
PUBLIC HEARING
Fiscal Year 2008-09 Levy Estimate (Budget) – Discussion
A public
hearing was scheduled today at 2:00 p.m. to receive public comments
regarding the increased levy rate.
Only three individuals approached the bench for comment and that
included Jerald Cosner, Gene Hutzler and Mike Folk.
All three stated they were against the increase.
President
Teufel stated that when he was elected the levy rate was set at 13.18.
He said that this Commission has done everything we can to keep
from raising taxes. President
Teufel stated that anywhere from 70% to 80% of the taxes go to the Board
of Education. He said that
he is aware of the unemployment totals and the cost of gas and food.
President Teufel stated that he was not happy about the tax
increase and stated the amounts that go to the elected officials, Parks
and Recreation, and the Industrial Park.
He said that the small amount that goes into the General County
account is used to support the various departments within county
government. President
Teufel stated that the Commission asked all of the offices to cut their
budgets 5% and there will be a 10% cut in the County Commission’s
Offices. He said that the
Commission has reduced the amounts that will be going to outside
agencies for fiscal year 2008-09 and funding has to be in place for
public safety. President
Teufel stated that the bottom line on the tax increase will amount to
$4.30 on a $150,000.00 home.
Commissioner
Collins stated that the County has two revenue streams; taxes and fees.
He said that the fees have greatly decreased and the County has
no way to make that up. Commissioner
Collins stated until we see the increase in fees, maybe in 2009, we will
have a very tight budget.
Commissioner
Stubblefield stated that the levy has not been raised since 1996.
He said that the State average is 13.43 and come counties in the
State are at 14. Commissioner
Stubblefield stated that Berkeley County is at 9.96.
Ms.
Hammond stated that due to the decrease in building and in the building
fees and with such a shortfall the Commission has to fill in those
holes. She said that even with reductions the County Commission will
see a $29,000.00 increase in allocation to the Library due to local
legislation. Ms. Hammond
stated that the Commission has to stress the importance and need for
public safety 24/7 and we do not want to compromise.
She said that the County is looking at a turn around in 2009 but
until then the projected revenues are very tight.
President
Teufel stated that the Commission has scheduled a special meeting on
Monday, March 24, 2008 at 8:30 a.m. to discuss the proposed Zoning
Ordinance and TDRs.
Re:
Deborah Hammond, County Administrator
Meeting Report
Order – Gypsy Moth Program Fund – Discussion/Action
Courthouse Facilities Improvement Authority – Change in Scope
Correspondence – Discussion/Action
County
Administrator Deborah Hammond presented the following issues to the
County Commissioners for their discussion and/or action:
1.
Meeting Report – Ms. Hammond provided the Commission a meeting
report that detailed the various meetings that she attended over the
past week.
2.
Goals and Objectives Meetings – Ms. Hammond stated that the
Goals and Objectives meetings are continuing and she met with two staff
members this week.
3.
Order-Gypsy Moth – An Order establishing the Gypsy Moth Spray
Fund-Fund 25 was presented to the Commissioners for their approval.
Commissioner Collins made a motion to approve the Order as
presented. The motion was
seconded by Commissioner Stubblefield and unanimously approved.
A copy of the Order is attached to this set of minutes.
4.
Courthouse Facilities Improvement Authority-Change in Scope –
Ms. Hammond stated that the Authority stated in their letter that the
change in scope that was requested was approved.
President Teufel requested that the staff forward a letter of
thanks to Executive Director Kris Richmond.
Re:
William Teach, County Engineer
Steve Aberegg, County Engineering
Stefanie Morton, Planning Director
Correspondence and
Request – North Mountain Shale, LLC – Application for DEP Permit –
Discussion/Action
County
Engineer William Teach stated that North Mountain Shale has applied for
a permit through the DEP for shale extraction in Berkeley County. He said that nothing has come into his office.
Mr. Teach stated that the only thing that he received was the
stormwater maintenance information. He said that North Mountain Shale is trying to secure State
permits before they go further.
Renee
Hall, resident of Gerrardstown, approached the bench and stated that she
has the understanding that the DEP can grant them a waiver and hold a
public hearing in places where local residents can not attend.
She asked the County Commission to help the residents in that
area. President Teufel
asked Ms. Hall if she is asking the County Commission to forward a
letter to the DEP. Ms. Hall
responded by saying yes. Commissioner
Stubblefield stated that she is also asking the Commission to request
that the DEP hold the public hearings locally.
Commissioner Stubblefield further stated that the Commission can
ask the DEP to insure that both their standards and the standards of the
EPA be met. Mr. Bentley
stated that if a waiver is granted we need to bring it to the attention
of the EPA.
Two
additional residents of Gerrardstown approached the bench and expressed
their feelings about North Mountain Shale and how they feel the company
will ruin the land in that area.
Commissioner
Collins made a motion to send a letter to DEP and follow up on the issue
if no response is received. He
said that a copy of the DEP letter would be available to the public.
The motion was seconded by Commissioner Stubblefield and
unanimously approved.
Re:
Recess
Commissioner
Collins made a motion to recess today’s meeting until Monday, March
24, 2008 at 8:30 a.m. The
motion was seconded by Commissioner Stubblefield and unanimously
approved.
Approved:__________________________________________
Steven C. Teufel, President
