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County Council meeting minutes _pdf_ - Berkeley County Council

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					Berkeley County Commission Meeting                      July 29, 2004
Present:     Steven C. Teufel, President
             Howard L. Strauss, Commissioner
             Deborah Hammond, County Administrator
             Ronald Collins, Commissioner-Elect
             Andy Blake, Acting Counsel for the Commission
             Rev. Ed Taylor, Chief Animal Control Officer Bradford Sheppard, County
             Clerk John W. Small, Jr., Steve Catlett, Judith Friend, JoAnn Overington,
             County Engineer William Teach, Crystal Feiser, Animal Control Officer
             Erin Webber, Animal Control Officer Donna McMahon, Sharon Flick,
             Robert Hamilton, Stephanie Hamilton, Jerry Mays, Susan Hawkins
             Whalton, Mary Kackley

              Commissioner John E. Wright was not present at today’s meeting.

              The morning prayer was led by Rev. Ed Taylor from the First Baptist
              Church followed by the Pledge of Allegiance led by Commissioner-elect
              Ronald Collins.

Re:           Consent Agenda – Approval of Agenda and Purchase Order Log –
              Discussion/Action
                      President Teufel read today’s agenda aloud. Commissioner
              Strauss stated that he would like to amend today’s agenda by moving the
              issue of the Triad Engineering proposal from Administrative Issues to
              Report on Board and Commission Meetings. With that change,
              Commissioner Strauss made a motion to approve today’s agenda. The
              motion was seconded by President Teufel and approved.

                      The purchase order log for the week of July 27, 2004 was
              presented to the Commission for their approval. Commissioner Strauss
              questioned a purchase order on page 14 to Public Employees Insurance
              regarding insurance coverage on a formal employee. He stated that he
              would like to discuss this issue in the near future. Commissioner Strauss
              stated that former employees on PEIA receive better benefits than current
              employees. He said that Morgan County does not pay the premium for
              spousal coverage under PEIA. He said that this is not an emergency but
              would like to discuss the issue at length in the near future. President
              Teufel questioned how many former employees the Commission was
              paying premiums on. Deborah Hammond, County Administrator, stated
              that there are about 9 and some are older retired employees and some are
              only the spouse of deceased employees. Commissioner Strauss stated that
              the County Commission should not be paying for any family coverage at
              any time. President Teufel suggested that the Commission obtain some
              numbers and discuss the matter in a few weeks. Commissioner Strauss
              then made a motion to approve the purchase order log for the week of July
              27, 2004. The motion was seconded by President Teufel and approved.
Re:   Approval of Minutes
              The minutes of the June 3, 2004 and June 10, 2004 Commission
      meetings were presented to the County Commissioners for their approval.
      Commissioner Strauss stated that he read the minutes of the June 3, 2004
      Commission meeting and found nothing wrong. He then made a motion
      for their approval. The motion was seconded by President Teufel and
      approved.

              The Commissioners discussed the minutes of the June 10, 2004
      Commission meeting. President Teufel stated that on page 4 discussions
      had taken place regarding the compensatory time in relation to the
      Prosecuting Attorney’s office. Prosecuting Attorney Pamela Games-
      Neely had stated that she had been holding compensatory time on one
      member of her staff for a period of 18 months because she did not have a
      line item to pay the time out. President Teufel stated that he wanted to be
      sure that the issue had been concluded. Ms. Hammond stated that the
      County Commission had forwarded a memorandum to finance to take care
      of the matter. President Teufel stated that he did not see the payroll report.
      Ms. Hammond stated that that is the problem; the County Commission
      does not see the payroll report. President Teufel stated that that was his
      only concern whether it had been taken care of or not. Commissioner
      Strauss stated that Ms. Games-Neely said that she had the funds in her
      budget and in the future she would be paying compensatory time as
      overtime to all of her employees. She also forwarded a memorandum to
      finance for a salary increase and it is her right to do so since there is no
      salary scale for the Prosecuting Attorney. President Teufel stated that the
      amount of overtime that was paid to the employee have held over
      compensatory time was close to $10,000.00 and requested that the
      Commission receive a follow-up on the matter. Commissioner Strauss
      then made a motion to approve the minutes of the June 10, 2004
      Commission meeting. The motion was seconded by President Teufel and
      approved.

Re:   Applications for Correction of Assessment – Discussion/Action
             The following applications for correction of assessment were
      presented to the Commissioners for their approval:
             1. Laing, Thelma Louise – Opequon District – Tax Year 2004 –
                 Account #7224510 – Correction Tax Amount $503.48.
                 Property did not appear on 2004 Book in error.
             2. Gettle, Taryn C. – Arden District – Tax Year 2004 – Account
                 #7223569 – Correction Tax Amount $674.80. Deed was
                 incorrect and in wrong name
             3. Speer, John P. – Arden District – Tax Year 2004 – Account
                 #6071608 – Correct Tax Amount $1,163.08. Property was not
                 transferred into correct name.
4. Heilmeyer, Derek T. – Opequon District – Tax Year 2004 –
    Account #7219317 – Corrected Tax Amount $701.39.
    Property did not appear on 2004 Book in error.
5. Weller, David R./Margaret A. Thomas – Falling Waters
    District – Tax Year 2004 – Account #7053145 – Correct Tax
    Amount $7.39. Property was listed as Sold to State in error.
6. Weller, David R./Margaret A. Thomas – Falling Waters
    District – Account #7053154 – Corrected Tax Amount $33.26.
    Property was listed as Sold to State in error.
7. Allen, Stephen Scott/Atkins, Melissa Ann – Opequon District –
    Tax Year 2004 – Account #7076228 – Corrected Tax Amount
    $859.55. Homestead Exemption was applied in error.
8. Herpst, Gregg/Gregory, Rosemary – Opequon District – Tax
    Year 2004 – Account #7222795 – Corrected Tax Amount
    $3,487.50. Property was a model home and was classified
    incorrectly.
9. Matos, Leonard A./Sharon L. – Martinsburg District – Tax
    Year 2004 – Account #6170430 – Corrected Tax Amount
    $1,308.24. Property was listed as Class II and should be Class
    IV.
10. Village Limited Liability Company – Martinsburg District –
    Tax Year 2004 – Account #7224532 – Corrected Tax Amount
    $3.67. Property is Storm Water Management but has not been
    taxed.
11. Barney’s Grocery c/o Robert L. Kilmer, Jr. – Falling Waters
    District – Tax Year 2004 – Account #1147306 – Corrected Tax
    Amount $538.59. Inventory was not keyed.
12. Dilkes, Isaac N. – Falling Waters District – Tax Year 2004 –
    Account #1191739 – Corrected Tax Amount $213.32.
    Taxpayer filed a return. It was not keyed.
13. First Data Merchant Services – Arden District – Tax Year 2004
    Account #1049931 – Corrected Tax Amount $85.86.
    Machinery and Equipment were keyed incorrect.
14. Gamber’s Auto Body & Repair – Falling Waters District – Tax
    Year 2004 – Account #1288243 – Corrected Tax Amount
    $137.07. Values were determined incorrectly.
15. P&S Equipment Sales – Falling Waters District – Tax Year
    2004 – Account #1008704 – Corrected Tax Amount $1,750.36.
    Machinery and equipment were not keyed correct.
16. Nine East Auto Sales – Arden District – Tax Year 2004 –
    Account #1019588 – Corrected Tax Amount $2,689.91.
    Furniture and Fixtures were not keyed.
17. Ultimate Truck Sales & Service – Falling Waters District – Tax
    Year 2004 – Account #1315703 – Corrected Tax Amount
    $471.80. Name was keyed incorrectly and vehicle was not
    keyed.
              18. Fansler, Todd – Hedgesville District – Tax Year 2004-
                  Account #7047803 – Amount Exonerated $1,142.62. Property
                  was keyed in Hedgesville District and in Martinsburg District.
                  Should be Hedgesville District only.
              19. Phillips, Taylor B. – Mill Creek District – Tax Year 2004 –
                  Account #7091112 – Amount Exonerated $801.92. Duplicate
                  with 10K-54 Map and Parcel changed.
              20. Smith, Ronald K. – Opequon District – Tax Year 2004 –
                  Account #7024374 – Amount Exonerated $261.64. Property
                  Class was changed in error. Should be Class II.
              21. Stewart, Robert T./Mary L.-Life – Opequon District – Tax
                  Year 2004 – Account #6097183 – Amount Exonerated
                  $246.36. Taxpayer was removed from Homestead Exemption
                  in error.
              Commissioner Strauss made a motion to approve the applications
      for correction of assessment as presented. The motion was seconded by
      President Teufel and approved.

Re:   Report on Board and Commission Meetings
              Commissioner Strauss attended a meeting of Region 9 on Tuesday
      and reported that many community leaders from Morgan and Jefferson
      Counties emphasized the need for Region 9 to serve the Eastern
      Panhandle. Region 9 addressed the needs of Berkeley County and the
      simple basis is growth. Many services, such as roads and schools, are out
      of the hand of the County Commission. Commissioner Strauss stated that
      Jefferson County representatives stated that the impact fees help with
      schools but not the roads.

              Commissioner Strauss attended a meeting of the Berkeley County
      Building Commission yesterday regarding the 2003 Bond issues. He
      stated that by refinancing at this time over a million dollars of tax money
      will be saved. Commissioner Strauss stated that they thanked Cam
      Siegrist and Greg Isaacs for all of their hard work. He explained that the
      refinancing had been set up with insurance so they can go out in August
      for 2004 bonding. Commissioner Strauss stated that the maximum interest
      rate would be 4.58% and felt it was a good deal all the way around. He
      said that bond rates had not changed in the last few weeks and he would
      have the figures within the next work for the 2004 bonds.

              A proposal for an environmental remedy service was provided by
      Triad for the Berkeley Building. They are providing a recommendation
      and an estimated cost. Commissioner Strauss made a motion to authorize
      the President to sign the documents for the service. President Teufel
      asked if there needed to be something provided to the contractor in
      writing. Commissioner Strauss stated that there is a meeting scheduled
      tomorrow with Brechbill and Helman and he would be providing a copy of
the proposal to Mr. Duncan at that time. President Teufel then seconded
Commissioner Strauss’ motion. The motion was approved.

       Commissioner-Elect Ron Collins attended a meeting of the
Berkeley County Public Service Water District and reported that their
engineer prepared plans of what is needed for the County to the year 2055.

        Commissioner-Elect Ron Collins attended a meeting of the
Berkeley County Public Service Sewer District and reported that the same
group of people from the Bunker Hill area were given a drop dead date
regarding the repairing of the roads in their developments. That date is the
end of the month. Commissioner-Elect Collins stated that there was a
lengthy executive session regarding personnel problems but could not
elaborate on the issue. He further reported that they will be tearing down
the sewer plant in Gerrardstown and will be moving it to service the
Gerrardstown School. He stated that there is a way to get the lines there
with the aid of a few pumps. Mr. Keller of the Sewer Board is willing to
work with the School Board on this matter. President Teufel stated that he
met with Manny Arvon of the Board of Education and they discussed the
cost. Mr. Arvon will be taking the information to his Board members if
Commissioner-Elect Collins would like to follow-up. Commissioner-
Elect Collins stated that he would do so.

       President Teufel asked Commissioner-Elect Collins if he had heard
anymore from NEREMS. Commissioner-Elect Collins stated that he
thought the next meeting will be held on September 9, 2004 but had not
been notified.

         President Teufel reported that he met with Manny Arvon of the
Board of Education last week. Mr. Arvon informed President Teufel that
they would be working with the County regarding the sewer at the
Gerrardstown School. They also spoke of the roads in the County and
President Teufel stated that he informed Mr. Arvon that many of the
developers in the community are putting in egresses. He stated that the
problem that the Board of Education has had has been with the
Department of Highway. It seems that the DOH is pointing their finger at
the Board of Education. President Teufel stated that Mr. Arvon would like
to have a local roundtable i.e. the County Commission, Community
leaders and the Board of Education, to discuss the road issues and the
development community. They would like to drive to Charleston with the
items that need to be addressed by the end of August or the first of
September. Commissioner Strauss stated that he felt the Board of
Education should be the one to schedule the meeting. President Teufel
stated that he agreed with Commissioner Strauss to a certain degree but
felt that it was up to the Commission to push the issue. He said that one
thing that he felt could be asked of the Governor was the roads.
      Commissioner Strauss stated that he preference time for a meeting of this
      type should be on a Thursday afternoon around 2:00 p.m. in the
      Commission Chambers so minutes could be taken. He stated that he felt
      the month of September would be fine. Commissioner Strauss then made
      a motion to forward a letter to the legislative body, the DOH and the
      Board of Education regarding a date for a meeting in September
      concerning the roads. The motion was seconded by President Teufel and
      approved.

              President Teufel attended a meeting of the Berkeley County
      Emergency Ambulance Authority and reported that they decided to sign a
      contract with Hensell Realty to sell the property in the southern end of the
      County. He stated that they are interested in some property in the
      Industrial Park. President Teufel stated that the Ambulance Authority is
      currently working through a mutual aid agreement with Frederick County
      Virginia.

Re:   John W. Small, Jr., County Clerk
      Change in Status Action Request – (continued) – Discussion/Action
             County Clerk John W. Small, Jr. presented the following issues to
      the County Commission for their discussion and/or action:
             1. Indexing Project Clerk – Mr. Small stated that he spoke with
             Barbara Grose, at the request of the County Commission, about
             transferring back to assume the responsibilities of the Indexing
             Project. He stated that Ms. Grose is not interested in coming back
             to her old position. Mr. Small stated that he also spoke with Elaine
             Clark, currently working on the Project, but relatively new, and she
             informed him that she felt she could handle the responsibilities of
             the Indexing Project and is interested in full time employment and
             benefits. Commissioner Strauss stated that he was not comfortable
             with the report given my Gary Wine last week regarding the
             progress of the Project since Ms. Grose transferred to the Finance
             Office. He stated that he would like Mr. Wine to review the work
             being done during his next visit to the County. President Teufel
             stated that the full time position needed to be advertised. Mr.
             Small asked if the Commission wanted him to advertise for a full
             time employee or a part time employee. Commissioner Strauss
             stated that it would be for a full time employee and requested that
             the advertisement have a strong job description so we can hire
             someone that does not need to be supervised. President Teufel
             stated that he would like to put someone in that position that would
             not need the assistance of Ms. Grose who is currently having to run
             downstairs all of the time to assist. He further stated that he would
             like to have Mr. Wine’s input on the candidate for the position.
             2. Resignation – Mr. Small stated that he received a letter of
             resignation from Lacy Elms effective August 6, 2004.
             Commissioner Strauss made a motion to accept the letter of
             resignation from Lacy Elms. The motion was seconded by
             President Teufel and approved.
             3. Hiring Recommendation – Mr. Small requested approval to
             hire Jennifer Miller as a full time Deputy County Clerk in his
             office. He stated that since Ms. Miller had been working for him
             as a part time employee he felt she had the experience to hire her at
             Step 2 of the Salary Scale. Commissioner Strauss made a motion
             to hire Jennifer Miller as a full time Deputy County Clerk at Step 2
             of the Salary Scale. The motion was seconded by President Teufel
             and approved.
             4. Financial Statement – Commissioner Strauss stated that Mr.
             Bentley had some concerns about the Auditor doing the County’s
             Financial Statement. President Teufel stated that he would like to
             discuss the issue at length and requested that it be placed on next
             week’s agenda.

Re:   Brad Sheppard, Chief Animal Control Officer
      Requisition Items – Animal Control Facility – Discussion/Action
             Chief Animal Control Officer Brad Sheppard came before the
      County Commission with the following requests:
             1.         Computer/Printer/Scanner – Chief Sheppard stated that
                        the computer that is currently in the Animal Control
                        Facility is nor working. He said that he checked with
                        Office Max and Staples and found that their prices were
                        reasonable but was unable to supply the Commission
                        with those figures at this time. Commissioner Strauss
                        stated that Chief Sheppard should be able to get a desk
                        top for about $500.00.
             2.         Dog Bathing Tub/Grooming Accessories/Dryer – Chief
                        Sheppard stated the majority of the dogs that are brought
                        into the Facility are very dirty and need to be given a
                        bath. He further stated that the Sheriff expressed
                        interest in their K-9 unit and he needs a place to clean
                        the dog. The Sheriff informed Chief Sheppard that he
                        would help in the cost of the equipment. Chief
                        Sheppard stated that some of the units that are available
                        have a fold-down front. If his request is approved for
                        the tub it would be installed in the older section of the
                        Facility and drain lines would be used. Commissioner
                        Strauss stated that he felt that it was an excellent idea.
             3.         Microchip Scanner – Chief Sheppard stated that a lot of
                        Vets are placing microchips in pets that contain vital
                        information in the event the dog is lot or stolen. He
                        stated that he contacted an avid company and was able
                        to obtain the Scanner at not cost. It will be a donation to
                 the Animal Control Facility and is valued somewhere
                 between $100.00 and $600.00. The Scanner has the
                 ability to read the information contained in the chips that
                 are placed in the animal.
       4.        Washer/Dryer – Chief Sheppard stated towels and
                 blankets are donated to the Animal Control Facility and
                 at this time his wife is washing those items. He stated
                 that it would be plus for the Animal Control Facility.
                 Chief Sheppard explained that there is piping in the old
                 garage and the units can be placed in that area.
                 Commissioner Strauss stated that he didn’t feel that they
                 needed a commercial washer and dryer. He then asked
                 Chief Sheppard to obtain some pricing on a standard
                 washer and dryer.
       5.        Sign for Building – Chief Sheppard stated that there is
                 no sign on or around the Animal Control Facility to let
                 the public know their location. He stated that he
                 obtained some figures for a sign and found that two
                 individuals were willing to share the expense of the sign
                 and donate it to the Facility. Art Master, located on
                 Winchester Avenue will be making the sign.
       6.        Landscaping – Chief Sheppard stated that the bushes
                 need trimming and the landscaping timbers have rotted.
                 He said that he would like to get stackable stones to
                 circle the area and the new sign.
       7.        Update of Tranquilizer Medication Delivery System
                 Equipment – Chief Sheppard stated that the tranquilizer
                 guns currently being used by the Animal Control
                 Officers are getting old and the seals will not hold. He
                 stated that he would like to purchase at least one more
                 for the truck that they are getting road worthy. He said
                 that the cost of the gun would be approximately
                 $600.00. Chief Sheppard stated that some of the guns
                 are repairable and further stated that he had enough
                 funds in his budget to pay for the repairs.
       8.        2 New Firearms – Chief Sheppard stated that the cost of
                 a new Springfield XT 40 Duty Use gun would cost
                 about $373.00 with trade-in. Commissioner Strauss
                 stated that Chief Sheppard needed to purchase two.
                 Chief Sheppard stated that he would recommend
                 purchasing a few at a time to allow his Officers to get
                 used to the new guns. He said that he did not want all of
                 his Officers to be supplied with new guns at one time.

      President Teufel informed Chief Sheppard that the Commission
would get back with him on the items presented here today as soon as
      possible. Commissioner Strauss stated that he would like for Chief
      Sheppard to meet with Tommy Puffenburger, Maintenance Director,
      regarding the hook-up for the washer and dryer and the dog bathing tub.
      He further stated that as soon as Chief Sheppard obtains the pricing on the
      various item, the County Commission will act.

Re:   Steve Catlett, Director, Martinsburg-Berkeley County Parks and
      Recreation
      LEDA Grant Contract – Lambert Park and Rooney Park Projects –
      Discussion/Action
               Steve Catlett, Director of Martinsburg-Berkeley County Parks and
      Recreation came before the County Commission regarding a grant through
      the Local Economic Development Assistance Program. The awarded
      grant was in the amount of $50,000.00 and will be used for a storage
      building at Lambert Park, engineering costs, equipment rental, and fuel
      and also a backstop and fencing for Rooney Park. Mr. Catlett stated that
      they will begin excavating Rooney Park in September and hopefully if
      there are any funds left over they will be utilized at Rooney Park.
      Commissioner Strauss made a motion to authorize the President to sign
      the paperwork and endorse the resolution that will accompany the
      documents to Charleston. The motion was seconded by President Teufel
      and approved. President Teufel stated that he went by Lambert Park last
      Saturday and was overwhelmed with the number of people that were there.
      Mr. Catlett stated that they held a Divisional Swim Meet Saturday that
      consisted of five swim teams. He said that it is a busy place with the
      Recreation Center. Mr. Catlett stated that they have been holding swim
      meets for several years. Commissioner Strauss stated that Commissioner-
      Elect Ron Collins spear-headed the issue on an increase to the Hotel/Motel
      Tax with the funds earmarked for the Recreation Board. He said that there
      will be a meeting set up in September with the Legislators and would like
      to see Mr. Catlett or any of the Board members attend that meeting to
      encourage the Legislators to make that change. Mr. Catlett stated that he
      felt it would a tough battle. Commissioner-Elect Collins asked how much
      funding would be obtained for the County if this is passed. Mr. Catlett
      stated that it would be about $300,000.00 which is more than what would
      be collected through an excess levy.

Re:   Judith Friend, Aids Network
      LEDA Grant Contract Eastern Panhandle Airs Network Project –
      Discussion/Action
              Judith Friend of the Eastern Panhandle Aids Network came before
      the County Commission regarding an LEDA Grant. A letter was received
      from the West Virginia Development Office announcing the award of a
      $3,000.00 grant through the Local Economic Development Assistance
      Program. Ms. Friend stated that the grant monies would be used for the
      purchase of a combination TV/DVD/VCR and LCD projector for
      educational and in-service training purposes. Commissioner Strauss made
      a motion to authorize the President to sign the paperwork and endorse the
      resolution that will accompany the documents to Charleston. The motion
      was seconded by President Teufel and approved.

Re:   William Teach, County Engineer
      Inspection Cancellation Procedural Change – Discussion/Action
              County Engineer William Teach came before the County
      Commission regarding a procedural change concerning inspection
      cancellation. Mr. Teach explained that there have been problems arise
      with abuse of contractors scheduling and canceling inspections. He stated
      that there are three contractors that will call and schedule inspections and
      then turn right around and reschedule those inspections. Mr. Teach stated
      that when an inspector has 44 permits it really makes it hard on him
      because he has to adjust his time to be sure each of the inspections are
      done. President Teufel asked what type of inspections the contractors
      were asking for. Mr. Teach stated that it is not just one specific type of
      inspection; it is every type of inspection. He stated that the inspector will
      drive to the development and the property is not close to needing an
      inspection and it has become abusive. Mr. Teach stated that he has called
      the contractors and the Eastern Panhandle Home Builders Association. He
      said that David Hartley of the EPHBA stated that he, too, will talk with
      them. Mr. Teach reported that there were a total of 444 approved lots in
      the month of May, 863 in the month of June, 1,890 in the month of July.
      President Teufel stated that he received a call from a man stating the
      Engineering could not get to him for an inspection and under the law there
      is a 48 hour response time. He asked Mr. Teach if he was getting behind.
      Mr. Teach responded by saying that the inspections were caught up and
      the new inspector will begin doing inspections next week. President
      Teufel asked Mr. Teach to continue to monitor the contractors that are
      canceling inspections and keep the Commission informed. He further
      stated that he would like for Mr. Teach to draft a letter to Mr. Hartley
      stating that the County increased the fees to provide better service and
      don’t want to get behind due to the abuse of a few contractors.
      Commissioner Strauss stated that he felt that the letter should go out to
      others and not just to Mr. Hartley. Mr. Teach stated that Mr. Hartley is
      aware of two of the contractors. Katy Fiddler of the EPHBA was in
      attendance today and stated that Mr. Teach had contacted Mr. Hartley and
      during their meeting on Monday he discussed the issue and made them
      aware. She said that a letter is being forwarded regarding the issue.

Re:   JoAnn Overington
      Nuisance Appeal Board Hearing – Robert Hamilton – Discussion/Action
             JoAnn Overington, Chairperson for the Nuisance Appeal Board,
      came before the County Commission regarding an appeal by Robert and
      Stephanie Hamilton of 414 North High Street, Martinsburg, WV. Ms.
Overington stated that the five members of the Nuisance Appeal Board
met on Wednesday, July 28, 2004 to hear the appeal regarding Mr. and
Mrs. Hamilton’s dog Thunder. Thunder was seized by Animal Control
Officer Erin Webber and according to the Vicious Dog Ordinance the Bull
Mastiff mix dog was seized and declared vicious. Thunder broke his cable
clasp, jumped over a four-foot fence and attached Trevor Eccleston of 70
Wildflower Creek Drive, Martinsburg, WV and bit him three times – left
ankle, right thigh and left bicep. The injuries required emergency
treatment at City Hospital.

        The evidence that was submitted included witness statements,
Officer Webber’s statement, bite reports, photos of Mr. Eccleston’s
injuries, the broken cable, a copy of a complaint made to City of
Martinsburg concerning the dog, statements from the Hamilton family
friends about Thunder, statement from Tractor Supply employee and
photos of the dog with the Hamilton children.

        Ms. Overington stated that on July 18, 2004 at approximately 7:10
p.m., Officer Webber was contacted by Central Dispatch concerning a dog
attack at 414 North High Street. When Officer Webber arrived, some
Martinsburg City Police Officers were already there. They informed her
that the Bull Mastiff mix Thunder had broken his cable clasp, jumped over
a four-foot fence and attacked Mr. Trevor Eccleston. Mr. Eccleston had
already been transported to the hospital by ambulance. Mr. Eccleston,
owner of a business on High Street had stopped in front of the Hamilton
house to see if he could see the puppies of the Hamilton’s other dog which
were inside the house. He was told that he could not see them and was
asked to come back later. Mr. Eccleston then proceeded to walk down the
sidewalk toward his store. Thunder had been tied by a cable that was
wrapped around and tied off to the fence post in the backyard. He
snapped the cable clasp, jumped over the fence and attacked Mr.
Eccleston, knocking him down onto a neighbor’s car. After being bitten
twice, Mr. Eccleston grabbed part of the dog’s broken cable and held him
at arm’s length. The dog bit Mr. Eccleston again this time in the arm.

       Officer Webber told Mr. Hamilton that she was going to the
hospital to speak with Mr. Eccleston and then return to the Hamilton’s
home. She took photos of Mr. Eccleston’s injuries and returned to the
Hamilton’s residence where she decided to seize Thunder and declare him
vicious. Mr. Hamilton put Thunder into the Animal Control truck.

        The next day, July 19, 2004, Officer Webber learned from Officer
Donna McMahan that Thunder had bitten six-year-old Nicholas Walton on
July 10, 2004. The child had been inside the Hamilton residence looking
at the puppies when he was bitten three time—right arm, left upper thigh
and right hip. Mrs. Hamilton told Officer McMahon that her other dog
Rain, a white shepherd six might have bitten the boy. Since neither dog
was up to date on their rabies shot, the two dogs were paced under a 10-
day quarantine at the Hamilton’s residence. Officer McMahan advised the
Hamiltons not to allow the dogs outside without adult supervision. On the
eighth day of quarantine (July 17, 2004), Mr. & Mrs. Hamilton took the
dogs to Tractor Supply to get their rabies shots. Mr. Hamilton was issued
a citation for taking the dogs off quarantine.

        Mr. Hamilton stated that he did not know what caused Thunder to
break the clasp on his cable and attack Mr. Eccleston. His daughter
Vanessa had had put the dog outside, not knowing that an adult had to be
with him because of the quarantine. He said he thought the cable was
strong enough to contain the dog which weights close to 100 pounds.

       Mr. Hamilton said he was trying to obtain a kennel for Thunder
and he brought in a heavy chain and solid links that he had just purchased
to keep the dog from breaking loose. Neither he nor his wife were outside
with the dog when the attack occurred. Mr. Hamilton also stated that he
thought the quarantine period was over when he took the dogs off the
property for their rabies shots.

       Ms. Overington stated that after considering all of the evidence
from Animal Control Officer Erin Webber, the statements from the next-
door neighbor who is very concerned about her safety, the previous
complaints about the Hamilton’s dog made to City Recorder Sharon Flick
and the appeal made by the Hamiltons, the Nuisance Appeal Board, by a
unanimous decision declares Thunder to be vicious and recommends that
the dog be euthanized, the reasons being as follows:
       1. The Board believes that the Hamiltons had many opportunities
           to build a pen or purchase a kennel to keep the dog under
           control. Complaints that Thunder started in April and the
           Hamiltons were advised by City Recorder Sharon Flick to
           build a pen within a week to contain the dog. They did not.
           Rather they chose to cable the dog or put him on a short leash.
       2. The Board believes that the Hamiltons showed little regard for
           the safety of their neighbors, did not keep the dog’s rabies
           shots up to date, and did not follow the instruction for
           quarantining Thunder. The Board believes the dog is a threat
           to the community and that the Hamiltons have been
           irresponsible dog owners.

        Ms. Overington stated that while Thunder may be very loving and
protective toward the family, he has demonstrated that he can be very
dangerous when Mr. or Mrs. Hamilton is not present. Unfortunately, the
Hamilton’s responsibility has determined their dog’s fate.
       President Teufel asked if anyone wished to speak. Andy Blake,
acting Counsel for the Commission, stated that those wishing to speak
would need to be sworn in. The following individuals approached the
bench to speak. Before they began speaking, Mr. Blake swore them in:
       1.         Robert Hamilton – Mr. Hamilton stated that the injuries
                  are very apparent. He said that he had asked Sharon
                  Flick, City Recorder, if there were any height
                  regulations on a fence to keep his dogs inside the yard.
                  He stated that he was told that there were no height
                  regulations. Mr. Hamilton further stated that financially
                  he could not afford to install a fence. Both of Mr.
                  Hamilton’s dogs were given their shots when they were
                  8 weeks old and he was informed at that time that they
                  would not need any further shots for one year. Mr.
                  Hamilton stated that he did not know that the quarantine
                  was not over when he took his dogs to Tractor Supply
                  for their rabies shots. He further stated that he thought
                  that the chain was strong enough to hold them.
                  According to Mr. Hamilton, both dogs were only
                  allowed outside when they had to go to the bathroom.
                  He informed the Commissioners that he had purchased
                  another chain and a kennel earlier today. He apologized
                  to Mr. Eccleston and has taken the responsibility of his
                  medical expenses.
       2.         Stephanie Hamilton – Ms. Hamilton stated that she
                  could not deny what took place but if the
                  Commissioners would release Thunder she and her
                  husband would see that both of their dogs stay in the
                  kennel and would welcome Animal Control to come by
                  and check from time to time. She then asked the
                  Commission to give Thunder one more chance.
       3.         Animal Control Officer Erin Webber – Officer Webber
                  stated that she did not believe that Thunder should be
                  released back to the Hamiltons. She said that Thunder is
                  aggressive toward people in general. Officer Webber
                  stated that they moved Thunder to the back of the
                  kennels at the Animal Control Facility. She stated that
                  she felt this would happen again if Thunder is allowed
                  to go back with the Hamiltons. Officer Webber stated
                  that Mr. and Mrs. Grove that live next door are both
                  elderly and have a small dog. They are afraid of the
                  Hamiltons’ dogs and felt that everyone should be
                  concerned.
       4.         Chief Animal Control Officer Bradford Sheppard –
                  Officer Sheppard stated that Thunder is a very
                  aggressive dog. While in custody at the Animal Control
                          Facility, Thunder would attack the fence every time
                          someone would walk past his kennel. Officer Sheppard
                          stated that they move Thunder to the older side of the
                          facility where the fence has a reinforcement rod at the
                          bottom because he had torn the fencing loose while he
                          was detained in the new section of the Facility.
             5.           Animal Control Officer Donna McMahon – Officer
                          McMahon stated that she was the first officer to respond
                          to the scene and Thunder came very close to jumping
                          over the fence. She stated that she informed the
                          Hamiltons that day and Mr. Hamilton stated that he
                          would buy a kennel but failed to do so.
             6.           City Recorder Sharon Flick – Commissioner Strauss
                          stated that since the Hamiltons live in the City where it
                          is more populated he asked Ms. Flick if they were
                          receiving more complaints now then before. Ms. Flick
                          stated that there are more complaints now and she
                          received several regarding the Hamiltons’ dog. She
                          stated that she asked Mr. Hamilton what were his
                          intensions and he stated that he would be installing a
                          kennel within a week of their last conversation.
             President Teufel stated that the Commission has been receiving
             many cases and they are very strong on any dog that is vicious. He
             stated that the Commission has been consistent with the Ordinance.
             President Teufel stated that he was in support of the
             recommendation from the Board to have Thunder euthanized.
             Commissioner Strauss stated that he heard the statements and
             testimony today and believes that the Hamiltons are conscientious
             but it is after the fact and not before. He further stated that he
             respects the Hamiltons and their love for their dog but
             unfortunately the Ordinance specifies that if a dog inflects injury or
             kills someone it is likely it will occur again. Commissioner Strauss
             stated that a kennel may or may not confine the dogs. He further
             stated that the Ordinance provides the County Commission to
             request that the dog be put down but it is not without regrets.
             Commissioner Strauss then made a motion to accept the
             recommendation of the Appeal Board to have Thunder put down.
             President Teufel stated that there is an appeal process through the
             Circuit Court. Mr. Blake stated that the dog would not be
             euthanized until the appeal time has past. President Teufel stated
             that on hearing the motion made by Commissioner Strauss he
             would second the motion. The motion was then approved.

Re:   Interviews for Boards and Commission Vacancies
      Jerry Mays – Candidate – BC Airport Authority Candidate
      Susan Hawkens Whalton – Farmland Protection Candidate
        The following individuals were invited to come before the County
Commission regarding a brief interview for a possible appointment to the
Berkeley County Airport Authority and the Berkeley County Farmland
Protection Board:
        1.        Jerry Mays-Candidate-BC Airport Authority – President
                  Teufel asked Mr. Mays what would make him a good
                  candidate. Mr. Mays stated that he has always been
                  interested in airplanes. He said that he enlisted in the
                  Air Force when he was younger. Mr. Mays said that he
                  felt that there will be good changes made at the Airport.
                  He stated that he is actively involved in Community
                  activities and felt that he would make a good candidate.
                  President Teufel stated that there are a number of
                  Boards and Commissions that need attention i.e. Region
                  9, Development Authority and the Airport Authority.
                  He further stated that there will be an opening on the
                  Building Commission on January 1, 2005. President
                  Teufel stated that the Commission wants to get qualified
                  people on those Boards and thus far no decisions had
                  been made. He asked Mr. Mays if he would be
                  interested in other Boards if the Commission chose not
                  to appoint him to the Airport Authority. Mr. Mays
                  stated that he would prefer the Airport Authority but
                  would apply any strong ability that he has on another
                  Board. President Teufel stated that the Commission
                  wanted to make sure all Boards have strong members.
                  Mr. Mays stated that Berkeley County is a great
                  Community of volunteers.
        2.        Susan Hawkens Walton-Farmland Protection Board –
                  President Teufel stated that he understood that Ms.
                  Walton’s property is already in Farmland Protection.
                  Ms. Walton stated that President Teufel was correct.
                  President Teufel stated that, if appointed, Ms. Walton
                  would serve as “citizen at large” and the opening would
                  occur on January 1, 2005. Ms. Walton said “correct”.
                  She further stated that she had moved here from Key
                  West, Florida ten years ago and both of her farms had
                  been by the wayside for a long period of time. Ms.
                  Walton said that they restored both houses and now
                  have horses on the farms. Commissioner Strauss asked
                  Ms. Walton what it was like going through Farmland
                  Protection. Ms. Walton stated that the program is
                  greatful for the farmer and she was happy to hear of
                  farmland being protected in this area. Commissioner
                  Strauss asked Ms. Walton how much land she put into
                  Farmland Protection. Ms. Walton stated that she put in
                       1,000 acres. Commissioner Strauss stated that the only
                       conflict that he could see would be if Ms. Walton
                       purchased another farm and wished to place it into
                       Farmland Protection. Ms. Walton stated that she has no
                       intentions of purchasing another farm. Commissioner
                       Strauss stated that as long as Ms. Walton is aware of
                       that he felt Ms. Walton would be an excellent candidate.
                       President Teufel stated that the amount of work that the
                       people on the Board have to do requires a lot of time
                       away from their family but since Ms. Walton has been
                       through the process herself he would like to see her
                       appointed to the Board. He stated that the Commission
                       would need to look at how she would be represented.

Re:   Deborah Hammond, County Administrator
      Hiring Recommendations and Changes in Status Actions –
      Discussion/Action
      State Budget Revision #1 – General County Fund – Discussion/Action
      Cancelled Check Order – County Clerk’s Office – Discussion/Action
      Proclamation – Family Day – Discussion/Action
      Dunn Building Change Order – Discussion/Action
      Correspondence – Berkeley County Schools – Discussion
      Correspondence – Berkeley Senior Services – Discussion/Action
      Proposal – Nu-Look Painting – 100 West King Street – Discussion/Action
              County Administrator Deborah Hammond presented the following
      issues to the County Commission for their discussion and/or action:
                     1. Hiring Recommendation – A memorandum was
                         received from OES Director Steve Allen requesting
                         approval to hire Travis C. Horne and Jason R. Light on
                         a part time basis for Temporary Part Time Emergency
                         Services Workers and Temporary Part time Hazardous
                         Materials Technicians. Ms. Hammond stated that these
                         two individuals would be added to the OES Roster. If
                         approved, both individuals would begin employment at
                         Step 1 at $8.00 per hour for Emergency Services
                         Worker and $10.00 per hour for Hazardous Materials
                         Technicians. Commissioner Strauss made a motion to
                         approve the hiring of Travis C. Horne and Jason R.
                         Light. The motion was seconded by President Teufel
                         and approved.
                     2. Resignation – A memorandum was received from
                         Fiduciary Supervisor Maria Childers informing the
                         Commission of the resignation of Elva Hardy effective
                         July 22, 2004. Ms. Hardy held the position of Part
                         Time Clerical Assistant in the Fiduciary Office.
                         Commissioner Strauss made a motion to accept the
     resignation of Elva Hardy with regrets. The motion
     was seconded by President Teufel and approved.
3.   Resignation – A memorandum was received from the
     Planning Commission informing the County
     Commission of the resignation of Sherry Cunningham
     effective August 16, 2004. Ms. Cunningham held the
     position of Administrative Secretary in the Planning
     Commission Office. Commissioner Strauss made a
     motion to accept Ms. Cunningham’s resignation with
     regrets. The motion was seconded by President Teufel
     and approved.
4.   Change in Status – A letter was received from
     Prosecuting Attorney Pamela Games-Neely regarding
     Assistant Prosecuting Attorney Betsy Giggenbach.
     Effective August 1, 2004 Ms. Games-Neely requested
     approval to increase Ms. Giggenbach salary from
     $45,775.00 to $46,475.00. Ms. Games-Neely stated in
     her letter that since she lost one Assistant Prosecutor
     Brandon Sims, she decided to move Ms. Giggenbach up
     to Ms. Sims’ salary and hire a new Prosecutor at the
     salary of $39,000.00. Commissioner Strauss stated that
     over the last three years the salary for an Assistant
     Prosecutor has increased over $10,000.00. A brief
     discussion took place regarding the hiring of a new
     Assistant Prosecutor. Commissioner Strauss then made
     a motion to accept the recommendation of the
     Prosecuting Attorney to change the salary of Betsy
     Giggenbach. The motion was seconded by President
     Teufel and approved.
5.   Hiring Recommendation – A memorandum was
     received from County Assessor Evelyn Fink requesting
     approved to hire Phyllis Johnson as a part time Clerk.
     Commissioner Strauss made a motion to approve the
     hiring of Ms. Johnson. The motion was seconded by
     President Teufel and approved.
6.   Hiring Recommendation – A memorandum was
     received from Mary Kackley, Director of 911,
     requesting approval to hire Sheryll James as a
     dispatcher effective July 31, 2004. If approved, Ms.
     James would earn a salary of $21,700.00 per year.
     Commissioner Strauss made a motion to approve the
     hiring of Ms. James effective July 31, 2004. The
     motion was seconded by President Teufel and
     approved.
7.   Hiring Recommendations – A memorandum was
     received from OES Director Steve Allen requesting
    approval to hire Kevin Butts to fill the vacant
    Emergency Services Worker. If approved, Mr. Butts
    would earn a salary of $16,970.00. Commissioner
    Strauss made a motion to approve the hiring of Mr.
    Butts. The motion was seconded by President Teufel
    and approved.
8. Hiring Recommendation – A memorandum was
    received from OES Director Steve Allen requesting
    approval to hire Annette Timbrook to fill the position of
    Part Time Temporary Secretary/Clerk. If approved Ms.
    Timbrook would earn $8.50 per hour. Commissioner
    Strauss made a motion to approve the hiring of Ms.
    Timbrook as a Part Time Temporary Secretary/Clerk.
    The motion was seconded by President Teufel and
    approved.
9. State Budget Revision #1 – Ms. Hammond presented
    the first State Budget Revision of the new fiscal year.
    She stated that the revision incorporated all
    encumbrances as well as the allocation of funds of
    unencumbered fund balances. Ms. Hammond stated
    that the salary for the new position of Human
    Resources Director will have to be debated. She stated
    that there will need to be a salary scale and a job
    description regarding that new position. The
    Commission would not be looking at a full year salary
    for the Human Resources Director since the applicant
    would not be hired until September. Commissioner
    Strauss made a motion to authorize the President to sign
    Budget Revision #1 and approved the Resolution that
    will accompany the revision to Charleston. The motion
    was seconded by President Teufel and approved.
10. Cancelled Check Order – A cancelled check request
    was presented to the Commission for their approval. If
    approved, the Order would cancel a total of two checks
    totaling approximately $1,400.00. Commissioner
    Strauss made a motion to approve the cancelled check
    order. The motion was seconded by President Teufel
    and approved.
11. Proclamation-Family Day – The following
    proclamation was presented to the County Commission
    for their approval regarding Family Day:

                           Proclamation
                            Family Day
                        September 27, 2004
WHEREAS, the use of illegal drugs and the abuse
of alcohol and nicotine constitute the greatest
threats to the well-being of America’s children,

WHEREAS, surveys conducted by the National
Center on Addiction and Substance Abuse (CASA)
at Columbia University have consistently found that
the more often children and teenagers eat dinner
with their families the less likely they are to smoke,
drink and use illegal drugs;

WHEREAS, teenagers who virtually never eat
dinner with their families are 72 percent more likely
than the average teenager to use illegal drugs,
alcohol and cigarettes;

WHEREAS, teenagers who almost always eat
dinner with their families are 31 percent less likely
than the average teenager to use illegal drugs,
alcohol and cigarettes;

WHEREAS, the correlation between family dinners
and reduced risk for teen substance abuse are well
documented;

WHEREAS, parental influence is known to be one
of the most crucial factors in determining the
likelihood of substance abuse by teenagers;

WHEREAS, family dinners have long constituted a
substantial pillar of family life in America;

NOW, THEREFORE, the Berkeley County
Commission does hereby proclaim the fourth
Monday in September as

   Family Day – A Day to Eat Dinner With Your
                   Children

and urge all citizens to recognize and participate in
its observance.

Approved this 29th day of July, 2004

/s/Steven C. Teufel,       Attest:
President
       /s/Howard L. Strauss,     /s/John W. Small, Jr.
        Commissioner
       /s/John E. Wright,
       Commissioner

Commissioner Strauss made a motion to approve the
Proclamation proclaiming September 27, 2004 as Family
Day. The motion was seconded by President Teufel and
approved.
12. Dunn Building Change Order – A change order
    regarding the Dunn Building renovation that came
    about during a progress meeting that was held on July
    23, 2004 was presented to the Commission for their
    approval. The change order was regarding two
    restrooms to be located in the County Commission
    office and additional raceways receptacles and data
    outlets for computer wiring and audio-visual. The cost
    would be less than $20,000.00 for the restrooms and
    $1,890.00 for the wiring. Commissioner Strauss made
    a motion to approve the change order regarding the
    restroom at the Dunn Building. The motion was
    seconded by President Teufel and approved. Following
    the motion, a brief discussion took place regarding the
    carpeting. No action was taken regarding the carpeting
    at today’s meeting
13. High Performance – The County Commission was
    presented a proposal from High Performance Cabling
    for additional cabling at the Dunn Building. The cost
    for this additional cabling would be $5,600.00.
    Commissioner Strauss made a motion to approve the
    additional cabling. The motion was seconded by
    President Teufel and approved.
14. Cable Tray Project-Cad 6 – This proposal would also
    be for additional cabling at the Dunn Building on the
    walls along with an additional 182 jacks.
    Commissioner Strauss made a motion to approve the
    proposal. The motion was seconded by President
    Teufel and approved.
15. Correspondence-Berkeley County Schools – A letter
    and a resolution was forwarded to the County
    Commission from Berkeley County Schools regarding
    adult-themed businesses and adult entertainment
    establishment and their proximity to schools.
    Commissioner Strauss stated that he would like for
    legal counsel to review West Virginia Code 18A-24-16
    and respond back to the Commission on his findings.
16. Correspondence-Berkeley Senior Services – A letter
    was received by the County Commission from Berkeley
    Senior Services regarding the quotation from Atlantic
    Security Systems and Fire Safety Equipment Supply
    concerning the basement project. They are asking the
    County Commission to cover the costs of those
    improvements. President Teufel stated that there were
    no figures contained in their letter. John Reisenweber
    had quoted a price of $5,000.00 to $5,500.00. Ms.
    Hammond stated that Tom Puffenburger, County
    Maintenance Supervisor, had reviewed the proposals.
    President Teufel stated that the Commission can not
    take action until it is in place. Ms. Hammond stated
    that President Teufel was correct and that same
    statement was made to Mr. Puffenburger. President
    Teufel stated that during all of the meetings that he has
    attended this issue was never brought out. He further
    stated that he would like the Commission to hold off on
    any action at this time.
17. Proposal-Nu-Look Painting – A proposal was received
    from Nu-Look Painting regarding the painting at 100
    West King Street. The total of the proposal was
    $36,865.00 that would cover the cost to power wash
    and/or chemical clean any mildew and dirt off of the
    building; scrape any loose and scaling paint; re-glaze
    windows where needed; apply one full coat of primer;
    caulk all cracks around doors and windows and apply
    one cost of paint on all exterior surfaces except the
    ground floor of the building. Commissioner Strauss
    stated that the only way this proposal could be
    approved would be through an “emergency”. He stated
    that the taxpayers of this County should have a good
    price but didn’t see the current price as being excessive.
    Commissioner Strauss stated that since the cost
    exceeded the limited amount for a non-bid project the
    painting of 100 West King Street would have to go to
    bid. He then made a motion to go out to bid for the
    painting of 100 West King Street. The motion was
    seconded by President Teufel and approved.
18. Department of Motor Vehicles – Robert Burkhart
    wanted to bring the Commission’s attention to the fact
    that the local Department of Motor Vehicles Office
    does not have a telephone listing in our telephone
    books. Mr. Burkhart felt that it is very difficult on the
    local citizenry when they have questions that need
    answered. When the Department of Motor Vehicles in
                         Charleston was notified, Commissioner Stone was
                         outraged to hear that no local number was listed and
                         asked the County Commission, if they agree, to forward
                         a letter. He is attempting to correct the system.
                         Commissioner Strauss stated that he felt it was
                         important that the local DMV have a telephone listing
                         in our phone book. President Teufel stated that once
                         they do get a listing, the Commission could post that
                         number on their web site. Commissioner Strauss then
                         made a motion to forward a letter to Commissioner
                         Stone. The motion was seconded by President Teufel
                         and approved.

Re:   Andy Blake, Attorney at Law
      Board and Commission Research – Compensation of Board and
      Commission Members – Discussion/Action
              Andy Blake, Attorney at Law and acting on behalf of Norwood
      Bentley, III, Counsel for the Commission, stated that each Board and
      Commission has statutory authority and compensation is allowed on only
      four of the existing Boards and Commissions. Those four Boards included
      the Berkeley County Emergency Ambulance Authority, Pan Tran, the
      Berkeley County Public Service Sewer District and the Berkeley County
      Public Service Water Board. As far as the County Commission, they are
      not compensated. They have a duty to carry out their responsibilities
      under their current salary.

              Ms. Hammond stated if those Boards and Commission that do
      allow compensation, in the past there was a waiver for the County
      Commission to waive any compensation and if they do, could they have
      the ability to vote on those Boards and Commission permitting
      compensation. Mr. Blake stated that he has not found anything regarding
      that issue as yet but he is still looking. Commissioner Strauss stated that
      no one is asking for compensation; the question came up at a Pan Tran
      meeting and at a Sewer Board meeting.

              The next issue was regarding the membership of the Berkeley
      County/Martinsburg Parks and Recreation Board. Mr. Blake stated that
      currently they have 9 members and there is nothing in the statute that says
      that they have to 11 members. He further stated that if they decide to
      appoint 2 more members they have to make sure that there are at least 3
      members representing the City of Martinsburg.

Re:   Commission Calendars – Months of July and August
             President Teufel stated that the only date that he would like to
      remind everyone of is the night meeting that the Commission would be
      holding on Thursday, August 5, 2004.
Re:   Recess
            Commissioner Strauss made a motion to recess today’s meeting.
      The motion was seconded by President Teufel and approved.




               Approved:__________________________________
                           Steven C. Teufel, President

				
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