By Lon Anderson
Moorefield Examiner
It was March 3 when County Planner and Flood Plain Manager, Melissa Scott sat before a meeting of the County Commission and explained that they needed to adopt an updated Flood Plain Ordinance. That was when Commission President Harold Michael began his harangue and demanded proof that Hardy County actually needed to pass the ordinance.
Scott responded that “We have to do this for FEMA (Federal Emergency Management Agency).”
She indicated that the agency is requiring the update.
But Michael persisted: “Do we have this in writing? I want to see this in writing.” And a moment later he again demanded: “I want to see, in writing, where we have to do a new ordinance.”
Michael didn’t have to wait long for a definitive answer, but it did not come from Scott. She submitted her resignation that night to take a position in the private sector.
In a memo sent from Charleston on March 17 to[private] all three Commissioners, Kevin L. Sneed, National Flood Insurance Coordinator for the West Virginia Floodplain Management Program, threatened the County with being removed from its status of being in “good Compliance with FEMA and the NFIP” (National Flood Insurance Program) if the Commission didn’t update the County’s 2008 Floodplain Ordinance.
“In March 2019,” Sneed wrote, “the newest State Model Ordinance was released and approved. I sent this ordinance to Mrs. Scott and asked she review and start the process to get it approved…to put Hardy County in good standing.
“I am now hearing that the ordinance is not moving forward, Is this correct?” Sneed asked. “I have also heard the Mrs. Scott will be leaving Hardy County soon. Does Hardy County have a replacement for her? Is the new person trained? These issues are very big issues and must be resolved in order to stay in good compliance with FEMA and NFIP.”
Being out of compliance would create some significant issues for the County, Scott had explained. “Generally, flood insurance costs in the County will increase sharply, and there’s a risk that, in the event of a flood disaster, federal disaster relief would not be available.”
The biggest concern about the draft Ordinance that Scott presented seemed to be that it would require building codes and approval of plans for construction in Flood Plain areas going forward. It does exempt agricultural structures.
Instituting the building codes program means plan approvals and foundation inspections for building in the Flood Plains. That will require an engineer or building inspector who can properly certify the work, Scott explained. The applicant would have to pay for the costs of those services, she noted. Further, a compliance letter will be required: “Someone has to take responsibility.”
This did not seem to please Michael. “I want to see what is required and who is requiring it,” he said, and then asked once more: “Do we have this in writing?”
Scott responded that a new ordinance was required to protect the County and its citizens. In fact, Scott had significantly modified the State’s draft, and then had her version reviewed and approved by both FEMA, and the WVU Land Use and Sustainable Development Law Clinic.
Jessie Richardson, Jr. the lead land use attorney for the WVU Land Use Clinic, told the Examiner that “over last Thanksgiving I sat down and went over the state’s Flood Plain Ordinance, and then I reviewed the suggestions Melissa had to improve it, which were just amazing. That kind of work is something we’re definitely going to miss (with her departure).”
Additionally, at its monthly meeting held just hours after the County Commission’s meeting, the County’s Planning Commission, as a show of support for Scott, voted on and approved a recommendation to the County Commissioners that it approve the ordinance.
In discussing the issue before taking its vote, Planning Commission Vice President Greg Greenwalt noted that with this proposed ordinance, which had been reviewed and approved by both the State and the Law Clinic, “you’re protecting property owners. If you don’t do this, one of these days, the County will face a big liability.”
“FEMA, through the state, is requiring a letter certifying the construction (in the Flood Plain) is built right to code, which requires a building inspector,” Scott told the Planning Commissioners. “This is only for new construction and for the foundation work. If we don’t have someone (certified) going out there and signing off, eventually something (bad) is going to happen.
“Being involved with the Flood Plain is not normally a planning function. You guys just got lucky that I’m also the Flood Plain Manager.”
“So we’ve done our part to get this done,” said Planning Commission President Lee Lehman.
“Well Harold is looking for a letter stating this is required. What’s our next step?” asked Greenwalt.
“To officially recommend its adoption,” Scott replied.
With that, Greenwalt made a motion to recommend to the County Commission that it adopt the revised Flood Plain Ordinance which the Planning Commissioners had reviewed. The motion was approved.
Following Scott’s announcement that she was resigning as the county’s Planner and Flood Plain Manager, the Planning Commission called a special session to meet on Friday, March 20 to deal with keeping the Planning Office operating efficiently.
At the meeting held March 20, most of it in executive session, the Planning Commissioners agreed to negotiate with Eastern Community College to bring the AmeriCorps position that the college currently controls over to the Planning Office to provide some interim support.
Ben Martin, who currently fills that position, has for two summers in the past served as an intern for Scott in the Planning Office, and when in town, attends the Planning Commission meetings, Scott noted.
She felt Martin would be able to provide strong support on an interim basis. He knows the Planning Commissioners, understands the functions, wants to be a planner and intends to get his graduate degree in the field, she said. His term with AmeriCorps runs through August, which would give the County Commission ample time to fill her position on a more permanent basis. [/private]
In addition to passing a motion authorizing those negotiations, the Commissioners also passed several motions giving President Lehman authority to hire consultants as needed, as well as schedule meetings, and oversee the office’s business, as necessary.
