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WV State Senate Preview: District 16 (D-Unger vs. R-Folk)

MARTINSBURG, W.Va. — In the Eastern Panhandle’s 16th Senate District, Sen. John Unger’s (D-Berkeley) is facing a challenge from Del. Mike Folk (R – Berkeley, 63).

The 16th Senate District covers all of Jefferson County and eastern parts of Berkeley County, including the city of Martinsburg. Unger was first elected to the seat in 1998.

While Unger aims to maintain the Senate seat he has held for a decade, Folk believes a move to the Senate chamber will be a good fit for him.

“I think I’ve done a pretty good job of serving the people of the 63rd (District),” said Folk. “I didn’t want to be a career politician. Some political people said I could pretty much stay in that delegate seat for a long time if I wanted to. I’ve never been one to believe in being a career politician so it’s kind of move up or move out.”

Del. Mike Folk

“I’ve got friends on both sides of the aisle and the same in the house. I’ve built a very good relationship with (Speaker) Roger Hanshaw. And on the Senate side, they’ve reached out to me. Obviously they’re supporting me and I said as long as you listen to me and some of my suggestions, we’ll get along just fine.”

Folk added he is grateful about recent announcements of a budget surplus in West Virginia, but admits the state can’t fully depend on it to fund programs like PEIA.

“You have to make structural changes. Structural changes as far as allowing for competition by greatly reducing those things that are subject to certificate of need or even eliminating certificate of need. It’s going to take a little while because once you open the market to competition, it will take a few years for people to enter the market. But they will enter the market.”

Unger shared his views on the supreme court impeachment process. To him, it’s a black eye on West Virginia’s already-damaged image.

“If you were a legitimate business wanting to come in to invest in West Virginia, and you’re seeing the situation, does this give you comfort saying ‘my goodness, that is a place I want to invest’. Frankly, I think there’s a challenge there of people looking at West Virginia as having it together.”

Unger has proposed Senate Bill 2001. This would change the process of filling empty seats on the supreme court in the event of a similar proceeding in the future.

Sen. John Unger

“When you impeach an entire branch, and you leave vacancies open and you allow the governor to appoint…that is taking away the vote of the people, period. My bills says whenever there’s a vacancy within the supreme court this is so important let the people decide.”

In separate interviews with MetroNews affiliate WEPM, both highlighted their varying viewpoints on issues echoing through eastern panhandle communities. Jefferson County’s controversial Rockwool insulation plant currently under construction was on the top of that list. Debate continues to swirl among concerned residents in regard to environmental impacts of the plant and how the plans were initially presented.

“The thing that keeps questioning me is why was this done in a very covered-up way?” said Unger. “Or at least exposed to the public like it should have been. This is something that we should have been discussing at the very beginning. But it seemed like there was an advertisement about it and then all of a sudden they had the public hearing or if there was a hearing it was in Charleston and not here. The hearing needs to be here locally. It needs to be in the place in which the people are going to deal with the situation.”

Unger announced earlier this year, if re-elected, he would present a bill during the 2019 session of the West Virginia Senate requiring projects like Rockwool to hold a 45-day public comment period. A physical meeting would not be required, but residents of a potentially impacted area would have the opportunity to voice their concerns. The Department of Environmental Protection’s current policy for projects like Rockwool only require a notice of “intent to issue a permit”.

Folk also weighed in on the controversy.

Senate District 16

“I had nothing to do with Rockwool. I don’t think any legislator around here did. We saw it at the same time everyone else did when it came out in the news. If there’s a contract in hand and it’s a valid contract, you can’t pull back. I won’t wilt under pressure. It’s going to be based on facts and whether something’s legal or not legal. They say I’m for it…well, what got it passed and what got it here I’ve never voted for. So how can you say that?”

In neighboring Berkeley County, a county council decision to double fire fees continues to create a stir. The council voted on July 5 to delay the increase until July 1, 2019. Under the plan, the $35 fire fee for most Berkeley County residents would jump to $70.

Owners of larger homes could pay between $100 and $130, much higher than the current rate of $50-$60 annually. This move would help fund 60 paid firefighters in five volunteer fire stations.

Tensions escalated when Folk and his wife filed a citizen lawsuit on August 3. The suit states the vote was improper and not heavily publicized. During an October 4 hearing, 23rd Judicial Circuit Judge Laura Faircloth cited state code requiring the council to obtain a petition showing at least 10 percent of voters support the increase.

Unger agrees the Berkeley County Council should follow the law and an alternative revenue source for the county’s volunteer fire departments should be sought.

“One thing we could do is appropriate dollars for the volunteer fire departments and dedicate revenue sources that could go and help support them. So that the county council wouldn’t necessarily have to raise the fire fees. There’s been attempts over the many years to try to do that. For whatever reason it hasn’t happened out of Charleston.”

Both candidates said voter turnout would be especially crucial for this year’s election.

“The trust has been hugely damaged,” added Unger. “The people need to determine if they want stability or they want to have change or not. I think that after November, whatever is remaining, we move forward.”