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  • Category: West Virginia
  • Founded: Aug 2, 1999
  • Language: English
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#1 From: NumbersInstitute@...
Date: Mon Aug 2, 1999 3:01 pm
Subject: Welcome to the listener eGroup
NumbersInstitute@...
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Keep informed on County politics  plans

Group Manager: listener-owner@egroups.com

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#4 From: Paul Burke <numbersinstitute@...>
Date: Fri Aug 6, 1999 9:43 am
Subject: Owner Newsletter, 7/99
numbersinstitute@...
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OWNER NEWSLETTER
Serving Home Owners' Associations in Jefferson County
July 1999

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NEWSLETTER BEGINS FOR COUNTY PROPERTY OWNERS GROUPS

Feel like you're recreating the wheel?  Let's see if there's a way to
exchange ideas and experiences between the more than 100 Jefferson
County homeowners' associations (HOAs).  Perhaps we can improve our
services to our members.  Maybe we can even save a little frustration in
dealing with HOA everyday issues such as the best way to provide common
property maintenance, taking stands on county development/zoning issues
or just running effective meetings.  If you are interested in receiving
a newsletter that would highlight items of interest to HOAs, or maybe
even meet periodically with others involved in making their communities
stronger, this is your opportunity.

The tear-off sheet at the end of this newsletter is your chance to help
us assess the level of interest in building some synergy between the
many Jefferson County groups.  We welcome information about your home
owners' group: what works and what is posing challenges.   Responses to
the questions posed in the next article would be greatly appreciated.
Ideas on future articles, or information you feel would help other
groups are needed.  Send your information to Jeannette VanBelleghem, PO
Box 170, Bakerton, WV 25410 or call Paul Burke at 876- 2227.


NEWS FROM SUBDIVISIONS

Insurance: Riverside Acres (established in 1968, now 90 lots, 50 owners,
30 houses) recently found it could switch its liability insurance from
Allstate to State Farm, and for the same premium it keeps the same basic
liability coverage, and adds insurance against errors and omissions by
directors and committee members. If you lack that coverage, you might
check what the premiums would be in your own case.

QUESTIONS FROM SUBDIVISIONS

Sheds: Our covenants now forbid sheds of any kind (we do allow garages),
and we haven't been enforcing the rule. We're thinking of allowing some
sheds (most lots are 1 acre). Do you have any suggestions of wording
that's worked well for you?

Vandalism:  We continue to have vandalism of our attempts to create
attractive signage for our association.  Has anyone found a non-violent
way to minimize or control vandalism?

PLEASE SHARE THIS ......
Please distribute to your association board members or post a copy for
your general
membership.


ZONING ISSUES IMPACT ALL JEFFERSON COUNTY RESIDENTS
by Paul Burke

Jefferson County's Planning Commission has proposed changes in zoning.
The voters and County Commission must decide if these are the best
changes to protect our quality of life.

Most parts of the county, including most subdivisions, are zoned as
"Rural District," where the following are now permitted:
* 1-family homes, 2-family homes if 1 unit occupied by owner,
* townhouses and apartment buildings, on land rated 0-60% of ideal for
farming (see below)
* agriculture, forestry, stables, greenhouses, hatcheries, farm markets,
* home businesses, bed&breakfasts with 1-2 bedrooms, child and elderly
care,
* government or nonprofit group residences,
* schools, churches, libraries, museums, fire stations, publicly owned
facilities, utility wires/pipes

While many subdivisions also have their own covenants, only zoning
protects us from activities on the surrounding land.

The Planning Commission has proposed looser rural zoning, to allow meat
processing plants, expansion of child/elderly care from 4 clients to 6,
and "government training facilities." These are defined as anyone who
trains government workers, no matter what else they do.  The definition
would allow unlimited spread of places like Summit Point Raceway, which
teaches a police-driving course. They also propose that any activity
that existed before zoning and does not comply could expand 35% more,
besides the 35% growth already allowed.

The Planning Commission invented most of the 18 changes. Two minor
proposals came from public letters (child/elder care and allowing sales
offices in model homes). Other public suggestions on file were not
responded to.  Many citizens testified at a hearing June 8, and written
comments are due by July 6. The Planning Commission has asked for a
staff report summarizing the comments by their meeting July 13.  Then
they'll send their proposals to the County Commission, which can ask for
other changes, and has final say.

The County Commission generally welcomes comment on any agenda item.
Voters throughout the county elect each of the five members. They
appoint both the Planning Commission, which supervises subdividing and
planning, and the Zoning Board of Appeals, which can permit variances
from the rules (and does so nearly every time it is asked).

The county already has lost much of its rural area. Farms cover 54% of
the land. We have only 190 full time farms. We have 15,000 families and
over 25,000 lots, which means permission has been granted for over
10,000 more homes to be built and families to move here. Schools grow by
200 students per year, which means we need to build a new school every
other year. The zoning rules allow much more growth than this. They let
most of the county be subdivided into 1/4 acre lots with public water
and sewer, or into townhouses at 12 per acre. With 134,000 acres in the
county, that can easily mean hundreds of thousands of families.

Our zoning law gives points for how desirable each lot is as a farm. 100
points means land is ideal for farming: rich soil, large acreage,
surrounded by other farms, far from central water, sewer, schools, fire
stations, etc. We allow dense housing on any land rated 0-60% as good as
the ideal farm land. That's much of the county right now, as long as the
developer builds central water and sewer. And when each farm turns into
a subdivision, the next farm is no longer surrounded by farms, its
points fall below 60, and it too can be developed. Thus, step by step,
all rural areas are lost. Our Public Service District is doing a quarter
million dollar study, just to design sewers for those future
subdivisions.

The simplest change is for the County Commission either to require large
lot sizes in rural areas, or to stop allowing large subdivisions on
farms that are 0-60% of ideal, and only allow subdivisions on the many
fewer farms that are 0-30% of ideal for farming.

Developers pay high prices to landowners, because the developers don't
pay for new schools, traffic, or other impacts. State law prevents us
from charging for most impacts.  The current free regime for developers
transfers value from existing residents to large landowners.

Many people wish we'd closed the door on new subdivisions long ago. As
soon as a majority of the voters want to close it, it will be closed.
*******

COUNTY BOARDS & COMMISSIONS MEETING SCHEDULES
Public comment is generally accepted on every agenda item. Call ahead
for the agenda and to confirm times.

County Commission 725-3284, 10am Thu (7pm 1st Thu), Court House, Charles
Town
Historic Landmarks 725-3284, 7pm 3rd Thu, 108 E Washington, Charles Town
Health 728-8415, 1pm 1st Fri, 44 Wilshire Rd., Bardane
Education 725-9741, 7:30pm 1st+3rd Tue, 110 Mordington, Charles Town
Business Development 728-3255, 7:30pm 3rd Tue, 44 Wilshire Rd., Bardane
Planning 728-3228, 7:30pm 2nd+4th Tue, 108 E Washington, Charles Town
Ambulance 728-3287, 7:30pm 2nd+4th Tue, 110 E Washington, Charles Town
Public Sewer+Water 725-4647, 9am 2nd+4th Wed, 210 W 3rd Ave, Ranson
Parks & Recreation 728-3207, 7pm 3rd Wed, 108 E Washington. Charles Town
Solid Waste Landfill 728-0430, 7pm 4th Wed, Landfill

********************************************************************************\
*****
Please let us know if you/your association are:
	 Interested in a newsletter for sharing information pertinent to
HOAs
	 Interested in helping with such a newsletter
	 Willing to share mailing and duplication costs for the newsletter

	 Interested in meeting periodically with representatives from
other HOAs
to discuss common problems and potential solutions.

Name 					 Phone

Mailing
Address

e-mail
address

Association
Please send the above to Jeannette VanBelleghem, PO Box 170, Bakerton,
WV 25410 or call Paul Burke at 876-2227, NumbersInstitute@...,
and/or subscribe electronically, as explained at the top of the page


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#5 From: Paul Burke <numbersinstitute@...>
Date: Tue Aug 10, 1999 7:45 am
Subject: Meetings through 8/6
numbersinstitute@...
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We need volunteers to report on future meetings.

RECENT COUNTY MEETINGS - MAJOR TOPICS

COUNTY COMMISSION 7/22, 7/29, 8/5 - At each meeting members
discussed whether to support, oppose, or be neutral on the possibility of
Harpers Ferry National Park expanding by buying large properties when
people want to sell. Commissioners see the benefit to large sellers & the
county. They hear worries from small owners about the park having too
much authority. Supporters are trying to convince opponents that the park
has no authority over non-park land.

Miscellaneous issues: They have 2 applicants for 1 remaining vacancy on
the Parks & Recreation Commission & will vote 8/12. They'll fill a
vacancy
on the Historic Landmarks Commission 8/26. They found that accusations
against County Attorney Thompson were not grounds for action, even if
true. They heard an accusation against Sheriff Senseney of hiring  an un-
qualified deputy. They were asked to co-sponsor a Y2K forum 10/13, &
were told that Fred Blackmer plans an informational meeting on Route 9.

COUNTY COMMISSION 8/6 - At this special meeting, the chair of the WV
Public Service Commission asked the County Commissioners to lead in
building consensus on how to bring public water & sewer to every lot in
the county. Thus she doesn't support wells & septic systems. While she
de-
nied any opposition to private companies, she doubts they want to be in
business or find it profitable, so her focus is on a monopoly public
system
for the county.

The County Commissioners doubted that it was their job to salvage lots
that don't perc (especially when the lots also lack storm drainage &
roads).
They also noted that many residents have opposed piped water & sewer for
years, as the most effective way to slow growth. Commissioners also doubt
their authority over the county Public Service District (PSD:
sewer+water),
except for appointing the board & the draconian power to dissolve the
PSD.
They want sewer & water plans consistent with the Comprehensive Plan,
though the sewer plan is being drafted now, & the others are not.
Citizens
will try to keep the sewer plan from becoming final until it's consistent
with the comprehensive plan & zoning rules.

PUBLIC SERVICE DISTRICT 6/30, 7/28 - A contractor, Pentree
Engineering, is working on a sewer plan for the county. They got aerial
photos of the entire county & are analyzing them & finding existing
sewers.
They expect to draft a plan by fall & submit it to the PSD. They already
have a map of proposed sewer lines on both sides of 340 between Harpers
Ferry & Charles Town. Berkeley County is obtaining rights of way to run
a sewer line along the Opequeon, north of route 51. A new sewer line from
Job Corpsto route 9, past Jefferson High School & Shenandoah Junction, is
nearly finished. It was built about twice as large as currently needed,
to
support future expansion. Others have stated that WV law requires people
to use public water & sewer pipes if they're within 300' of a pipe.

Board members voted to buy land for a new headquarters & maintenance
building (they borrow from a state revolving fund & don't need voter
approval).

The PSD & Pentree discussed that if they build a sewage plant that dis-
charges effluent into the Shenandoah, it has looser standards than if it
goes
into a trout stream, even though people fish & float in the Shenandoah.
Pentree noted that standards are constantly tightening, and estimated
that
in 10-15 years people on public water & sewer will pay 10% of their
income
for water & sewer, because of the treatment costs.

PLANNING COMMISSION 7/13, 7/27 - At the end of each meeting,
members discussed staff suggestions on the  zoning amendments that the
Commission proposed in May. Public comment has been fruitful so far, &
has a good chance for more gains at each step. Comments have won three
changes: They tentatively dropped the looser rules for (a) government
train-
ing facilities and (b) nonprofit heavy industry. They also dropped their
proposal to allow (c) hospitals in small village districts.

On the other hand they've changed their proposal for rural meat
processing
to cover chickens, beef, hogs & fish raised on site, which would create a
boom in large & polluting on-site feedlots to serve the processors.
They'll
still let noncomplying uses expand another 35%. And they want to allow
industrial training in all areas if run by nonprofits.

They'll discuss changes again at the 8/10 meeting (7:30pm), & they expect
to hold another public hearing on chicken processing. Other changes may
go before the County Commission at any time. There has been no work yet
on removing the highdensity zoning & fast growth that are currently
allowed throughout rural areas.

BOARD OF EDUCATION 7/20, 8/3 - The Board decided to start planning
for a new $25 million high school for 1,100-1,400 students, which would
re-
quire voters to approve a bond issue. The new high school will be
discussed at an 8/10 special meeting (7:30pm). The current high school
(grades 10-12) has about 1,600 students & grows about 75 per year.
Funding
& an architect are already arranged for a 9th grade building to be
finished
by 9/2001.

Paul Burke asked the board to consider subdividing the current & new high
schools into subschools, with separate principals, faculty & 500-800
students, in line with research that smaller schools have better
learning, less
violence, better attendance, less dropouts, etc.

For 1999 there are still 35 professional vacancies, including 12
vacancies for
teachers certified in Learning Disabilities (so the Board authorized
using
teachers certified in other areas, where necessary).

A grant to help reduce class size from 24 to 12 for 1 period in 1 grade
at 2
schools would need $40,000 of local money for portable classrooms; the
board will decide 8/10. Staff want to establish a small alternative high
school (with about 4 teachers) for suspended, expelled & other students.
The net cost was unclear, so it will be discussed 8/10. The "Success"
pro-
gram (special classes & counselling for high school students with poor
attendance or discipline) is not successful enough & is being dropped.
Board members said they had never intended it to serve students with such
serious problems, knowing it would not work for them; staff had felt
unwilling to turn away interested students, even if their problems were
too
severe.

COUNTY BOARDS, COMMISSIONS & ELECTIONS
Call (or check web site) for agenda & to confirm times.
Consider running for membership. The end of each line shows month of
next opening (with # of openings & total seats)

COUNTY COMMISSION 725-3284, 10am Thu (7pm 1st Thu), Court House-
100 E Washington, Charles Town, www.intrepid.net/county, 11/00, (1/5)
ZONING APPEALS 728-3228, 3pm 3rd Thu, 108 E Washington, Charles
Town, 12/99, (2/5)
HISTORIC LANDMARKS 725-3284, 7pm 3rd Thu, 108 E Washington,
Charles Town, 3/00, (2/5)
HEALTH 728-8415, 1pm 1st Fri, 44 Wiltshire Rd, Bardane, 6/00, (2/5)
EDUCATION* 725-9741, 7:30pm 1st+3rd Tue, 110 Mordington, Charles
Town, jeffschools.intrepid.net, 5/00, (2/5)
BUSINESS DEVELOPMENT 728-3255, 7:30pm 3rd Tue, 44 Wiltshire Rd.,
Bardane, www.intrepid.net/jcda, 4/00, (4/10)
PLANNING* 728-3228, 7:30pm 2nd+4th Tue, 108 E Washington, Charles
Town, 3/00, (3/10)
AMBULANCE 728-3287, , 110 E Washington, Charles Town, 11/99, (3/9)
PUBLIC SEWER+WATER 725-4647, 9am 2nd+4th Wed, 210 W 3rd Ave,
Ranson, 12/99, (1/3)
PARKS & RECREATION 728-3207, 7pm 3rd Wed, 108 E Washington,
Charles Town, 6/00, (3/11)
SOLID WASTE LANDFILL 728-0430, 7pm 4th Wed, Landfill, Leetown,
6/00, (1/5)
SHERIFF 728-3205, 11/00
COUNTY PROSECUTOR 728-3243, 11/00
MAGISTRATES 728-3233, 11/00, (3/3)

*Education & Planning require at least 15 minutes advance signup to
speak., WV law 6-9A-3 lets anyone speak who registers 15 minutes before
the meeting.
--------- End forwarded message ----------

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#6 From: Paul Burke <numbersinstitute@...>
Date: Wed Aug 11, 1999 6:30 am
Subject: New Zoning & High School
numbersinstitute@...
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We need volunteers to report on future meetings.

RECENT COUNTY MEETINGS - MAJOR TOPICS

PLANNING COMMISSION 8/10 - Members voted to APPROVE the  zoning
amendments, let the staff draft exact language, & send the changes to the
County Commission for approval, The County Commission meets every
Thursday, and could make a decision 8/12 or 8/19. PUBLIC COMMENT IS NOW
NEEDED AT THE COUNTY COMMISSION.

The Planning Commission changed their proposal for rural meat processing
to cover poultry, beef, hogs & fish, if 75% are raised on site for at
least 3 months (beef+hogs) or 2 months (lamb+poultry). There's no time
limit for fish. The staff had been directed to propose a limit on the
number of animals, which they did not do. They noted that any limit on
trucking in animals (including the 25%) is unenforceable, since there's
no staff to count or inspect the trucks. As Commissioner Pete Smith
stated, the proposal loosens the current rule of unlimited feedlots & no
processing, to unlimited feedlots & unlimited processing of those
animals. It would create a boom in large & polluting on-site feedlots to
serve the processors.

The Planning Commission also still wants to let noncomplying uses expand
another 35%. And they want to allow industrial training in all areas if
run by nonprofits. There has been no work yet on removing the high
density zoning & fast growth that are currently allowed throughout rural
areas.

Staff Director Paul Raco said poultry processing does NOT need a new
public hearing, since poultry is the same as meat, though 2 weeks ago he
said poultry was not the same, was seen by the public as different, &
would need a new hearing.

They did drop the looser rules for (a) government training facilities and
(b) nonprofit heavy industry. They also dropped their proposal to allow
(c) hospitals in small village districts.

They all voted to appeal Judge Steptoe's ruling that the Comprehensive
Plan is enforceable. They said they want the plan to be a wish list, a
vision statement or a philosophy. They want the Supreme Court to rule
whether it really has teeth before revising it.

BOARD OF EDUCATION 8/10 - The Board discussed a new $25 million high
school for 1,100-1,400 students, which would require voters to approve a
bond issue early in 2000. Tentatively it will include vocational
education that is now offered by a 3-county consortium at James Rumsey
school outside Martinsburg. Staff will bring specific budget proposals to
a SPECIAL MEETING 8/31 (7:30pm). The current high school (grades 10-12)
has about 1,600 students & grows about 75 per year. Funding & an
architect are already arranged for a 9th grade building to be finished by
9/2001.

They approved an alternative high school (with 5 teachers & 49 students)
for suspended, expelled & other students with serious behavior problems.
This will cost $34,000 more than programs for these students last year.
They approved a grant application to help reduce class size from 24 to 12
for 1 grade at N. Jefferson Elementary, including $20,000 of local money
for a portable classroom. They considered & postponed action on a pay
raise of $200/yr for professional staff & $130 for service workers, in
addition to the $750/yr from the state. All these items would be paid
from the accumulated surplus of past years.

COUNTY COMMISSION 725-3284, 10am Thu (7pm 1st Thu), Court House- 100 E
Washington, Charles Town, www.intrepid.net/county

EDUCATION 725-9741, 7:30pm 1st+3rd Tue, 110 Mordington, Charles Town,
jeffschools.intrepid.net

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#7 From: Paul Burke <numbersinstitute@...>
Date: Sat Aug 14, 1999 9:41 pm
Subject: Listener: Millville Quarry
numbersinstitute@...
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The Millville Quarry (limestone) discharges waste water into the
Shenandoah River 1 mile South of Millville. They have a permit under the
NPDES (National Pollution Discharge Elimination System?).

The Quarry has asked the Division of Environmental Protection (105 S
Railroad St, #301, Phillipi WV 26416) to renew their permit. The
application can be seen by appointment (304-457-3219).

DEP will hold a hearing on Millville Quarry's permit (#5622) only if
enough people ask for it. If you want a hearing, write DEP with reasons
by 8/21/99.

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#8 From: paul <prosa@...>
Date: Tue Aug 17, 1999 2:11 pm
Subject: Listener: US Cellular Tower
prosa@...
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US Cellular's 55-foot tower at the Town of Harpers Ferry's water tank site
on Bolivar Heights was erected on August 17.  Arrival of the equipment
building is anticipated soon, and construction should be completed within
the week.  Interested citizens can view the tower by walking outside the
site's perimeter fence.  The tower seems relatively benign, and appears to
meet the aesthetic objectives of the community and the National Park
Service.  Congratulations to everybody who participated in blocking the
original 260-foot tower with a strobe light, and for turning this into a
win-win situation for everybody.

However, one significant problem remains.  Within 10 days of signing the
lease, US Cellular was required to perform two specific acts: (1) Surrender
their location improvement permits for the original 260-foot tower site to
the Jefferson COunty Planning Commission, and (2) restrict the deed to the
original site to prohibit wireless facilities.  Since no proof of
performance of these two conditions precedent has surfaced, on August 16 the
Harpers Ferry Conservancy asked the town of Harpers Ferry to lock US
Cellular off the water tank site until such time as any default is cured.

Even though the cell tower court battle has been won on two occassions by
the community, and the issue now appears moot, Conservancy Chairman Matt
Ward reports that Mike Cassell will file an appeal to the West Virginia
Supreme Court tomorrow (August 18).  A perfect example of a wise use of your
tax dollars.

Paul Rosa, Executive Director
Harpers Ferry Conservancy
prosa@...
(304) 535-9961

#9 From: Paul Burke <numbersinstitute@...>
Date: Thu Aug 19, 1999 5:35 pm
Subject: Final Decisions on Zoning
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Please FORWARD this to anyone interested. You can:
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-send comment: listener-owner@egroups.com
_________________________________________________________________

At 10am next Thursday, August 26, the County Commission will open the
floor to discussion of the current zoning proposals. The meeting will be
in the Court House at 100 E Washington St. in Charles Town. You can send
written comments to PO Box 250, Charles Town, or by fax to 725-7916.

The Planning Director, Paul Raco, will explain the proposals. Other
Planning Commissioners and members of the public may speak.

They may vote then or the following week (7 pm Sept 2). The three most
controversial proposals are :

1. Change definition of agriculture to include FISH, MEAT + POULTRY
ROCESSING if 75% are raised on site for at least 3 months (beef + pork)
or 2 months (lamb + poultry):

(A) Creates pressure for very large feedlots on site, since small
processors are unprofitable (Kidwilers & Old Friends Farm closed).  (B)
Large processors (& feedlots) draw down our water table. They create
traffic, noise, pollution, bright lights & could run 24 hours.  (C) We
could limit the number of animals, perhaps to 500 hogs or equivalent
weight of other animals.  (D) The new definition repeals all zoning
controls (lot area, parking, storage + collection of refuse, noise,
smell, smoke etc.). Processing has until now been closely regulated +
separated from housing.  (E) Large processors will get variances to
permit slaughtering.

2. Let NONCONFORMING USES expand another 35%:

(A) They're already allowed 35% expansion; this would total 82% (1.35 x
1.35) & isn't needed.  (B) This is one of 2 major limits on development.
Changing it now, after 11 years, creates strong pressure to raise the
other limit, on the number of lots that can be created.

3. Allow NONPROFIT EDUCATIONAL facilities in all areas:

(A) Permits operations ranging from truck driver training, to bagpipes or
rock music. These can be large, noisy, running day or night, & belong in
commercial areas.   (B) Nonprofit status creates no limit, since anyone
can be nonprofit & pay themselves salary.

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#10 From: Paul Burke <numbersinstitute@...>
Date: Fri Aug 27, 1999 8:28 am
Subject: Owner Newsletter, 9/99
numbersinstitute@...
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OWNER NEWSLETTER
Serving Home Owners’ Associations in Jefferson County
September 1999

e-mail: listener-Owner@Egroups.com
write J VanBelleghem, PO Box 170, Bakerton, WV 25410
or call Paul Burke at 876-2227


REPRESENTATIVES OF HOMEOWNERS’
ASSOCIATIONS TO MEET

A meeting for those interested in pursuing the benefits of
sharing information with other Jefferson County home
owners’ associations has been scheduled for 7:30-8:50 pm
Monday, October 4 at the Charles Town Library, 200 E.
Washington Street.  Associations are encouraged to send at
least one representative to this formation meeting.  We’ll use
this opportunity to identify the types of meeting programs that
would be most appealing to active associations.  Some that
have already been suggested include Road Maintenance Tips,
Designing Good Annual Meetings, and Getting People to Run
for the Board.  Come help us design sessions that will be
beneficial for you and your association.  We’ll also take time
for discussion of shared tips for successful association
operation, particularly how each association communicates
with their members – what works best.

The meeting will continue to help us assess the level of
interest in building some synergy between the many Jefferson
County groups.  If you cannot attend, the form at the bottom
of this newsletter is another way to let us know what would be
helpful to your association.  (Thanks to the many associations
that have already responded!)  We welcome information about
your homeowners’ group: what works and what is posing
challenges.

UPDATE ON ZONING CHANGES

Our last issue identified several possible zoning changes in
Jefferson County.  Public comment has been fruitful so far,
and has a good chance for more gains at each step. Comments
to the Planning Commission won three changes: They dropped
the looser rules for (a) government training facilities and (b)
nonprofit heavy industry. They also dropped their proposal to
allow (c) hospitals in small village districts.

On the other hand they've changed their proposal for rural
meat processing.  They will possibly encourage intensive
feedlots by allowing unlimited processing of: poultry and
lamb if fattened on site a minimum of two months, hogs and
beef if fattened on site three months, and fish without limit.
Processors could also truck in and process animals raised off
site, up to 25% of the total.  There would be no staff to
monitor these limits, ground water pollution, or impact on
drawing down the water table to dry up neighbors’ wells.
They will let non-complying uses expand by another 35%.
They also allow industrial training run by nonprofits in all
areas.

These changes go before the County Commission  on 8/26
(10am) and 9/2 (7pm).  There has been no work yet on
removing the high-density zoning and fast growth that are
currently allowed throughout rural areas.


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MEDIATION PROPOSED FOR HOMEOWNERS’ ASSOCIATIONS
by Michael Hagstad

Homeowners' associations are (ideally) groups of friends and neighbors
who share many social and other characteristics, the most
obvious of which is their place of residence. While those in such
associations have a vested interest in supporting each other and their
neighborhoods, the fact is that conflicts do arise. These may have to do
with association restrictions, or about property lines, noise,
children's (mis)conduct or pets. Resort to civil suits is costly, time
consuming and often destructive for important social relationships.
By incorporating in association by-laws a requirement that, whenever a
dispute arises, mediation must be tried first, before anyone can
take the association or any of its members to court, everyone can save
money, and preserve the valuable personal relationships that
flourish in our neighborhoods.

How Would the Mediation Process Work?

One of the parties to a dispute will call for mediation and file a
request per association guidelines.  Association officers will then
assess the issue in dispute for its appropriateness for community
mediation and contact the other party(ies) to notify them of the filing
and the general nature of the issue. Each association could have
volunteer mediators who have been properly trained in mediation. A
pool of mediators would then be available to choose from, probably
excluding those from one's own association. Each party could
select one mediator. Then the two mediators would co-mediate the issue.
The time required to train volunteers to become mediators
would be 40 hours or less under current law and general practice.

No one imposes a settlement or agreement in mediation. Both parties in
the dispute are given a chance to "tell their story" without
interruption. This includes not just what happened, but what it meant to
the person. What both parties will have agreed to before the
mediation process begins includes:
                 1. Confidentiality of the proceedings, and
                 2. To work toward a solution in good faith, which means
seeking a solution that satisfies both persons, a win-win solution.

National figures suggest that 80% of all mediation sessions are
successful, i.e. they result in agreements that are fair and durable. A
resolution is available within weeks, rather than months or years if the
courts must be utilized. If no resolution can be reached at least
the issues will have been clarified, and the aggrieved party still can
proceed to court.

What would it cost the participants?

Both parties could be assessed a modest fee, depending on the income of
the disputants and the time required for mediation. Fees of
from $10 to $50 are anticipated to cover most cases.  While the fee paid
by most participants will be minimal, it is considered
important as a reflection of the sincerity of the participants, and to
help with the costs of further training, phone lines, printing and
other materials, that they pay something.

Why do we need mediation?

Society has long recognized a need for mechanisms to resolve conflicts
non-violently.  Though the court system is the oldest and most
respected, some disputes just don't seem appropriate for such  win-lose
approaches. Labor-management disputes have long been
resolved through negotiation, mediation, and/or arbitration.  Both
parties prefer to act on their own behalf, and not have anyone
impose a solution from the outside.  Sometimes the relationship is valued
more highly than whatever is involved in the dispute.
Friends and family have a hard time deciding to "go after" others in the
group, so the conflict just festers, without resolution.
Sometimes the courts are too costly, or too slow to effectively deal with
a particular issue.

What's Next?

The author and a few other people in the area are already trained as
mediators and can be approached through this publication if your
association has current conflicts where you want to try mediation.
Remember mediation is non-binding; you never have to agree to a
solution if you don’t want to and even if you don’t agree, you’ve saved
time by clarifying the issues.  It’s always worth trying.  If you
think that this is a potentially valuable approach to dispute resolution
in your homeowners association, or if you would like to become
a volunteer mediator yourself, please contact this publication.


COUNTY BOARDS & COMMISSIONS
  UPCOMING VACANCIES
Consider running for membership. The numbers indicate the
month/year of the next opening then (the number of
openings/total seats):
COUNTY COMMISSION 725-3284: 11/00, (1/5)
HEALTH 728-8415: 6/00, (1/5)
PLANNING 728-3228: 3/00, (3/10)
PARKS & RECREATION 728-3207: 6/00, (3/11)
EDUCATION 725-9741: 5/00, (2/5)
AMBULANCE 728-3287: 11/99, (3/9)
HISTORIC LANDMARKS 725-3284: 3/00, (2/5)
BUSINESS DEVELOPMENT 728-3255: 4/00, (4/10)
PUBLIC SEWER & WATER 725-4647: 12/99, (1/3)
SOLID WASTE 728-0430: 6/00, (1/5)
ZONING APPEALS 728-3228: 12/99, (2/5)


I’m interested in an alliance of Jefferson County HOAs:

Your Name ________________________________________

Your Mailing Address________________________________

__________________________________________________

Your Phone_____________Your e-mail _________________
Interests: _____paper subscription  ____e-mail subscription
	 _____willing to help   ____will share costs
	 _____periodic meetings ____ideas for articles:

Association Information:

Association Name ___________________________________

Mailing Address/location _____________________________

__________________________________________________

_______# of members _______  Yr Association began
_______# of lots  _______   typical lot size (acres)
___________# of completed homes
Roads: _____paved   _____gravel _____other
	 _____Privately maintained _____state maintained


Please return this part to the address on the letterhead:
listener-Owner@egroups.com – Thanks!

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#11 From: Paul Burke <numbersinstitute@...>
Date: Sat Aug 28, 1999 3:27 pm
Subject: Water, Ethics & Zoning Hearing
numbersinstitute@...
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REMINDER: 7:30pm Tuesday 8/31/99: Board of Education special meeting on
HIGH SCHOOL CONSTRUCTION & BONDS

PLANNING COMMISSION 8/24/99

The Commission approved the "community acceptability" of a small
subdivision (owned by a member), after accepting testimony that the
subdivision's ground WATER is CONTAMINATED with nitrates, bacteria, and
possibly pesticides. They said the health department would test wells for
bacteria & require buyers to install individual water treatment plants
where needed. There is no required testing for pesticides or nitrates.
(Nitrates interfere with hemoglobin, & kill babies. For those interested,
water quality standards & health effects are at
www.epa.gov/OGWDW/wot/appa.html and HydroChem can test locally for many
of them.) They also declined (as in the past) to require the developer to
set aside anything toward school construction cost necessitated by the
subdivision. They said they were voting on the completeness of the
developer's statement, while the ordinance says they were voting on the
acceptability of the subdivision.

The Commission considered a public comment that a member violated the
Commission's CODE OF ETHICS by discussing & voting on zoning changes to
permit meat processing, in which he had personal interest. The Chair of
the Planning Commission & the Planning Director suggested the public
complain directly to the County Commission. The Planning Commission
decided not to refer the specific instance to the County Commission or
Prosecutor, since they did not want to police their own members. They
voted to ask for general guidance from the County Commission.

COUNTY COMMISSION 8/26/99

The Commission heard requests for money for Charles Town Gaming's
Chaplain, & for the George Washington Heritage Trail, & will consider
these next week. Charles Town City withdrew their request to annex parts
of streets near Charles Town Gaming & will re-submit. Their goal is to
have simple boundaries so City & County police know who has jurisdiction
where.

For the rest of the meeting they took testimony on ZONING changes. They
expect to vote at their next meeting 7pm Thursday 9/2. The Planning
Director explained the changes briefly. Three Planning Commissioners were
also present and made a few comments. Public comment included:

Libraries & museums in Village districts should only be allowed if they
are "public." There was some discussion whether they just needed to be
open to the public, or also financed by the public. In any case the
comment suggests not allowing a private library for members only, or for
an organization's internal use. The wording says "noncommercial," and its
intent is unclear, since even non-profits are defined as commercial."

Nonprofit (501c3) educational facilities for adults were criticized for
being potentially noisy (school of bagpipes, or truck driving), and for
unfair discrimination on the basis of organization. While IRS has
criteria for 501c3 organizations, neither they nor the county has
authority over noise.

On child or elderly care with 6 individuals (undefined whether this count
includes staff), it was suggested they should not be allowed in
townhouses or apartments, or some size/distance/parking rules are needed
to protect neighbors.

The proposed right to appeal to the Zoning Board for permission to
rebuild a nonconforming use after a calamity was criticized for not
having any criteria, so disapproval by the Board would have no legal
basis.

The proposed right to process "fish, meat & poultry" was criticized on
several grounds: (A) They bypassed the public hearing process of poultry:
The Planning Commission's early discussions covered "fish, meat &
poultry," then the wording sent for public comment was "fish & meat,"
then the wording sent to the County Commission for voting was back to
"fish, meat & poultry," which bypasses the public hearing process for
poultry. There was testimony that USDA, EPA and WV do not include poultry
as "meat" for regulatory purposes, so the language sent for public
comment cannot be interpreted to cover poultry, in spite of any
dictionary definition. There was testimony that poultry have many more
health risks than red meat, from rapid spoilage, salmonella, & composting
of parts cut off in processing ("as any woman who's been in a kitchen
knows"). The Planning Commission Chairman said there had been a lot of
public comment on chickens; others said there had not. (B) Encouragement
of factory farming will lead to pollution (as in Moorefield WV &
Frederick Co. MD). (C) The proposed ban on slaughter will be undone when
the Zoning Board of Appeals allows slaughter by variance. Their grounds
will be to minimize truck traffic & financial hardship. (D) There was
testimony that large operators would never be interested in Jefferson
County (despite their interest in nearby counties). No one spoke in favor
of large factory farms. Therefore a proposal was made to limit both
processing & feedlots to a level that would permit family farms only: The
limit would be the number of animals that can be fed from, & whose waste
can be disposed on, the lot safely. Processing would also be limited to 2
tons of animals per day (about 5 cows or 20 hogs). In the past the
Agricultural Extension Agent has said that WV's "Preservation of
Agriculture" law 19-19 prevents control of feedlots. Actually it treats
feedlots the same as processing, and no one has challenged the County's
zoning authority over processing, so the county has the same zoning
authority over feedlots.

The proposal to let nonconforming uses expand another 35%, no matter how
much they've expanded before was questioned as unnecessary since it was
stated that only 3 businesses have reached their limits, & they can
continue to be handled case by case at the Zoning Board of Appeals. The
proposal was also criticized as a bad precedent, that will lead to
loosening the limits on subdivisions. The defense that our county has so
much rural zoning that we have to allow more expansion of nonconforming
uses was criticized, since Clarke & Washington Counties have even more
rural zoning & allow no expansion of nonconforming uses.

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#12 From: "J. Ward" <awake@...>
Date: Thu Aug 19, 1999 7:00 am
Subject: HF Park Expansion
awake@...
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To all those who are interested and supportive:
 
As you may know, a number of groups and organizations are working to preserve important open spaces in the vicinity of the Harpers Ferry National Park.  As part of this effort, the Harpers Ferry Conservancy has asked the Jefferson County Commission to pass a resolution supporting federal legislation to allow the expansion of the HFPark by up to 1300 acres.  The Commission is considering this approach, but wants to hear from citizens and potentially affected landowners.  The Commission asked that I draft a proposed resolution for their consideration.  Their intent is to advertise the draft resolution and call a public hearing.
 
I enclose (a) a draft proposed resolution for the County Commission; (b) an explanatory cover letter to the Commission; and (c) a flier that could be used to gather more landowner and citizen support (which is definitely needed -- there is a lot of confusion and misinformation out there).
 
I welcome any comments or suggestions you have on any of these three documents, prior to submitting them to the Commission.  You can provide comments to me by email at matt.ward@spiegelmcd, or to Paul Rosa at (304) 535-9961 or at prosa@....  I would appreciate it if you could provide your suggestions by Monday, August 23.
 
Thanks in advance for your consideration.  Working together, I am confident that we can succeed in this important endeavor.  Matt Ward, Charles Town
 

#13 From: Paul Burke <numbersinstitute@...>
Date: Sat Sep 4, 1999 7:46 am
Subject: COSTLY NEW PSC REGULATIONS
numbersinstitute@...
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--------- Begin forwarded message ----------
From: HuntrGrp@...
To: listener-owner@egroups.com
Subject: COSTLY NEW PSC REGULATIONS
Date: Fri, 3 Sep 1999 23:13:10 EDT
Message-ID: <561682f9.2501e846@...>

There is a proposal to pay WV developers several thousand dollars per
house, from public money. Instead of an "Impact Fee," this is an "Impact
Subsidy." Public comments are due by 4pm Tuesday 9/7/99, to Sandra
Squire, fax number 304-340-0325. To confirm receipt, you can call
304-340-0300,or 1-800-344-5113. In your comments refer to PSC Proposed
General Orders 186.12 and 188.17

The WV state-wide Public Service Commission (PSC) regulates water & sewer
systems. The PSC proposes to require that systems pay developers when
they hook up new customers. The water & sewer systems may have to pay
developers in advance, every fee they'll receive from the house for 7 1/2
years. Thus the utility system will borrow money to build bigger water &
sewer capacity, and also borrow money to pay the developers, then raise
rates to pay for all this borrowing.

In other areas developers pay large fees to bring in customers, instead
of receiving fees. Those fees from developers would pay for the capacity
needed. It is not clear why the PSC does not let each county decide what
it wants to do, instead of imposing an expensive state-wide mandate.

--------- End forwarded message ----------

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#14 From: Morse.Myles@...
Date: Tue Sep 7, 1999 1:04 pm
Subject: Re: COSTLY NEW PSC REGULATIONS
Morse.Myles@...
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I believe this probably has something to do with our lack of "home rule" in
Jefferson County  - without home rule the county cannot charge impact fees.
Seems par for the course that our county would build a backwards infrastructure
to accomadate the commission's lack of willingness to achieve home rule before
pursuing expanded development.

#15 From: "Sharon Phenneger" <sphenneger@...>
Date: Wed Sep 8, 1999 12:00 pm
Subject: Re: [Fwd: COSTLY NEW PSC REGULATIONS]
sphenneger@...
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As you can see, we are fighting similar battles all around us.  It seems
to be tied to revenue production and not to quality of life.  "Home
rule" seems to be a very important hurdle for Jefferson County.  Isn't
there some way we can force the issue.  What are the major
hurdles...Charleston?....the county commission?  Sharon
I believe this probably has something to do with our lack of "home rule" in
Jefferson County  - without home rule the county cannot charge impact fees.
Seems par for the course that our county would build a backwards infrastructure
to accomadate the commission's lack of willingness to achieve home rule before
pursuing expanded development.



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#17 From: Paul Burke <numbersinstitute@...>
Date: Wed Sep 8, 1999 11:23 am
Subject: Zoning, Ethics, Cost of 2nd High School, Home Rule
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COUNTY COMMISSION 9/2/99

At the meeting 9/9, Commissioners will hear testimony for MEAT & POULTRY
PROCESSING from Craig Yohn, Extension Agent, and against processing from
an expert to be identified by Dick Latterell. They may then vote on the
zoning amendments.

Dorothy McGhee, supported by others, asked them to note a CONFLICT OF
INTEREST: 3 Planning Commissioners discussed & voted on the Zoning
amendment on meat & poultry processing, which personally benefits them or
family. She asked County Commissioners to ask the Planning Commission
President & staff to be more pro-active about asking members to leave the
room, as their Code of Ethics requires.

She also noted the Planning Director misled the County Commission in
saying that large poultry processors would stay away, because they want
to raise chickens faster than the proposed 2 month minimum. He ignored
the fact that large turkey processors (like Planning Commissioner Stiles)
could flock here. She asked the County Commission to get independent
expert advice.


BOARD OF EDUCATION 8/31/99, 9/7/99

They heard proposals for building a SECOND HIGH SCHOOL at $23,000 per
student place ($27.4 million for 1,200 seats) & a Career Center at
$27,000 per student place ($5.9 million for 215 seats). By comparison the
WV School Building Authority (SBA) estimates $14,000 per student place at
high school, and we are designing a middle school at $12,000 per student
place. All these costs are adjusted to include furniture & equipment.
They exclude land, construction manager & inflation, which would have to
be included in any bond issue. A $30 million dollar bond issue would more
than double the current bond levy, & would increase total property tax
rates about 13%. The board is trying to find whether SBA will pay any of
the cost.

The superintendent is negotiating with a developer who may donate 40
acres to the high school, in a large future subdivision outside Charles
Town. This possibility is why they excluded land costs from the high
school budget.

Of the high school's total cost, $23,000/place, about $9,000 is for
classrooms & labs; $8,000 is for physical education, music & theater;
$6,000 is for general purposes (biggest to smallest: storage, cafeteria,
administration, library, custodial, parking, toilets). Each figure
includes hallways & equipment needed. The board questioned the need for
so much money on physical education. The superintendent noted it could be
reduced, although the fields & gym are also used for non-school purposes.
They also questioned the need for a separate Career Center & the programs
planned (mostly low wage: health, police, child care, computer
operator+CAD, car repair, building trades, broadcast technicians,
custodians.)

The proposed budget would allow expansion to 1,500 students, just by
adding classroom wings. The board thought 1,500 students was too large,
and asked for costs of a 1,200-student high school, if expansion is not
built in.

There will probably be a SPECIAL MEETING 9/14 or 9/15 at 7:30pm to
discuss the high school, Career Center & renovations.


GOVERNOR, CABINET, LEGISLATORS, & COUNTY COMMISSIONERS, 9/2

Jefferson County Commission Pres. Ruland noted (a) our state government
is very centralized (reflected in Cabinet members' brags about what
they'd done), (b) our growth & unemployment differ from the rest of the
state, (c) other parts of the state differ in other ways, (d) statewide
policies don't fit, & (e) called for a state CONSTITUTIONAL CONVENTION to
give counties more power.

Berkeley County Commissioners asked for help with an $80 million sewer
project near Inwood, to solve flooding problems.

The Cabinet talked about visiting the Panhandle & hearing that
unemployment is low & vacancies are hard to fill. Mr. Bonasso, Sec. of
Transportation, said he'd met with opponents of the Shepherdstown
Connector & promised more studies to identify traffic movements. he also
plans a comprehensive transportation study for the 3 counties. Gov.
Underwood said litigation had delayed Route 9 (what litigation?). Mr.
Ice, Sec. of Education+Arts, said high school courses don't match
colleges' needs in the state, & he's working on it. He also told me in
private they're working on making standardized tests count to a small
degree toward students' grades. Standardized test results are now
meaningless, since students have no incentive to try hard, so we can't
interpret what the results mean. Counting them toward a grade would
create (a) pressure to align the test with the course, (b) better tests &
(c) better measures. Sec. of Administration proposed a DMV sub-office in
Jefferson County, Saturday hours for commuters, & one-stop shopping for
state services. Sec. of Technology proposed certification programs for
entry level technology students & high capacity phone lines for rural
areas (to access Internet).

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#18 From: Dorothy McGhee <sergie@...>
Date: Wed Sep 8, 1999 8:45 pm
Subject: Re: COSTLY NEW PSC REGULATIONS
sergie@...
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This information is not correct. Jefferson County is well able to implement
Impact Fees. It has been allowed by the state legislature. Their reluctance
to do so is another long story.

Dorothy McGhee
P.O. Box 1967,
Shepherdstown, WV
(304)   876-0725

#19 From: Paul Burke <numbersinstitute@...>
Date: Wed Sep 8, 1999 5:52 pm
Subject: Comments by Planning Commission President on those who oppose him
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The following letter was sent to the County Commission 8/30/99 by the
President of the Planning Commission. It is provided verbatim, as a
matter of public record, with no comment on its accuracy.


William Scott Coyle
636 S. Samuel St., Charles Town, WV 25414

August 30, 1999

Attention: Leslie Smith
County Administrator
Jefferson County

Dear Leslie:

I have always hesitated to involve myself in the process of the Planning
Commission beyond the meeting room itself, but after the County
Commission meeting last Thursday I feel it is of vital concern that I
communicate further to the commissioners on the subject matter of said
meeting.

I referred to my records of the public meeting on the amendments after
returning home that evening. I keep track of the comments and the
presenters on almost all the public meetings that have numerous speakers.
At your meeting Thursday there were eleven of the twenty-two people that
spoke about the section on meat processing. Those same eleven had a
public forum at your meeting, the other eleven who had positive comments
were only represented by one person.

In the group addressing the commission were the people who have done
their best to trash our whole process by writing libelous letters to the
editors of newspapers, etc. They have done their best to gather a
following but as of this writing I can see no momentum rising, except
their own persistence. This is the alarming part. By being constantly
present the last couple of months they seem to have taken on a false
mantle of credibility. They also try to circumvent the process by having
coffee or lunch to "chat" or "hear your philosophy". I believe their
motive to be pure and simple lobbying and I refused all invitations.

I suggest to you and the commissioners that had the coincidences of the
cell towers and the meat processing variance had not occurred while we
drafting the changes you are considering that we would not be seeing most
of who we are seeing at these meetings. For example the Latterells and
Mr. Burke are still licking their wounds over the approval of Shannon
Donley's variance. Each of these parties owns property adjacent to Mr.
Donley and had never shown at any meeting prior to his variance request.
No matter how much respect we have for these folks, it doesn't take many
little gray cells to know why we are seeing these folks when we never saw
them before. The Faulkners are a direct result of the cell tower
controversy.

There are forty thousand people in the county, most of whom believe the
system works. I do not believe that they are as apathetic as some would
like us to believe. Many of my acquaintances have said they have a great
deal of confidence in how the county is run. This pleases me, but,
unfortunately, you will not see these folks at your meetings.

Have we gotten to the point that a few people from just a very small
geographical part of the county can by their persistence and obvious
intelligence control the decisions that effect the majority by playing
the "squeaky wheel game"? Do fine citizens like Bill Scott and Patrice
Flynn have to suffer because a few perceive they have been served a grave
injustice? The injustices they have had to endure are being told that
they must address the items on an agenda or not having their way in a
variance hearing when they disrupted the meeting in such a way that it
delayed a decision for almost a month.

I do not wish to imply in any way that anyone's freedom of speech be
jeopardized, but merely bring to light that by listening too much to the
"loud few" we sometimes tend to forget the "silent many". I wish to
further emphasize that the planning commission spent many hours
considering the amendments and I believe evaluated the public comments in
depth. Your planning commission is as diverse in its make up as it has
ever been and nothing any more seems to go without considerable
discussion. This makes me even more confident in their credibility.

In closing, I ask only that you inform the commissioners of this
communication in any way you see fit. I stand firmly on the fact that the
planning commission and its staff is now and has been delivering to the
40,000 citizens of the county quality decisions that reflect an
extraordinary dedication to honesty and fairness. I am at your service.

Sincerely,

Scott Coyle

Phone: 304-725-8149 * Fax: 304-724-2071
Email: wscoyle@...

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#20 From: HuntrGrp@...
Date: Wed Sep 8, 1999 7:01 pm
Subject: Re: COSTLY NEW PSC REGULATIONS
HuntrGrp@...
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Welcome back.Please come to the Commission meeting Thurs. ten a.m. if at all
possible. We really need faces and your support.Our persistence and smiling
faces ARE making a difference!! Even if for 30 mins.,the more traffic the
better!! Pass the word!!

#21 From: "Ward, Matthew W." <matt.ward@...>
Date: Fri Sep 10, 1999 2:22 pm
Subject: FW: Comments by Planning Commission President on those who oppose him
matt.ward@...
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I would suggest that there are many, many more people in Jefferson County
that are concerned about land use issues, and local officials' leadership in
these areas, than Mr. Coyle seems to understand.  In my own circles I have
spoken with many people from many perspectives who share the view that
Jefferson County needs to be more proactive to promote smart growth
planning.  As one example, it is very clear that citizens of all stripes
thought that the 260-foot cell tower on Allstadt Hill was a terrible idea,
and that the County's response to the issue was pathetic.  I am surprised
that Coyle appears so isolated as to not realize the County's sentiments on
issues like the cell tower.

However, Mr. Coyle's view of the "loud few" could have some credence with
the County Commission, unless we prove him wrong.  It would be nice to have
a BROAD-BASED outpouring of messages to the County Commission that indicates
the breadth of citizen concern.  For example, Paul Burke's little green
cards on zoning issues that he spread around the county earlier this year
were a good idea, because it involved all kinds of citizens.  Paul, do you
have any idea what type of response came into the County Commission as a
result of that effort?

I suggest that we ought to engage in another, similar effort on the County
Comprehensive Plan issue.  Some of you may know that Peter Bradford and I
presented a proposal to Commissioner Ruland and Commissioner Hooper in early
August that called for the County Commission to convene a process to get
citizen input on growth planning, to establish a citizens' committee to
guide the Comprehensive Plan revision, to obtain expert consulting
assistance to establish a better Growth Plan, and eventually to conform the
local land use laws to implement such Plan.  (Please let me know if you want
a copy of the draft proposal we submitted).  Ruland and Hooper assured us
that the County Commission must, and will, convene a Comprehensive Plan
process that works with a broad range of municipalities, organizations and
citizens.  They asked for some time to get as many other Commissioners on
board with the concept as possible, and indicated that they would make a
public announcement of the Commission's intentions in early fall.  What the
County does on this issue is critically important, particularly given that
the Planning Commission is challenging its own Comprehensive Plan in the WV
Supreme Court right now.

However, I believe that the County's effort will likely fall short unless
the grassroots push the Commission.  Already, the City of Charles Town and
the Town of Harpers Ferry have called on the County, by official
resolutions, to revise the Comprehensive Plan.  Can folks help get the same
resolutions passed in Shepherdstown, Bolivar and Ranson (those mayors
already have a copy of the C'Town resolution)?

More importantly, it would be very valuable if a broad range of citizens
would write letters to the County Commission with a message something like,
"We want you to know that land use issues are important to the citizens of
Jefferson County.  We are concerned about whether the County will step
forward to lead on these issues.  We write to urge you to convene a process
to revise the County Comprehensive Plan.  This process should involve a
broad range of citizens and organizations, and it should make use of the
emerging 'smart growth' tools that are being used by local communities
across the nation."  In other words, we need to get the "silent many"
pouring messages into the County Commission that we are not satisfied with
the status quo on land use in Jefferson County, and want better leadership.


I would welcome any suggestions from this group on whether and how to engage
in such an effort.  Thank you for your consideration.

#22 From: Paul Burke <numbersinstitute@...>
Date: Sat Sep 11, 1999 8:01 am
Subject: Zoning Changes & Park Expansion
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COUNTY COMMISSION 9/9/99

Dick Latterell testified about the pollution of factory farms & the
exploitation of farmers under contract to large corporations. He noted
that alternative crops & markets can be more profitable than traditional
crops. Craig Yohn testified that farming is dead in Jefferson County.
There have been reductions in the number of farms & total acreage in the
20 years since he's been extension agent. People cannot buy land, raise
dairy cows, & make a living.

County Commissioners decided procedurally: (A) The Planning Commission's
recommendation on poultry processing was all right to consider, even
though it had not gone through PUBLIC HEARING. County Attorney Mike
Thompson advised them that changes can be made after public hearing. (B)
Planning Commissioners who voted on meat & poultry processing despite
being in the business of processing meat & poultry did not violate state
law (no one alleged they had). If they violated the Planning Commission's
CODE OF ETHICS, the County Commission did not want to interfere. (C) They
encouraged the Planning Commission to have INFORMATION MEETINGS in future
before formal hearings on zoning changes. (D) Any lack of expertise &
errors by the Planning DIRECTOR did not create a need to hire outside
expertise.

They decided substantively: (E) When nonconforming buildings BURN down,
rebuilding is subject to Zoning Ordinance Article 8, which provides
deadlines, though no criteria. (F) They accepted the additional 35%
EXPANSION of nonconforming uses. (G) In Rural & Residential zones they
allowed "for profit" as well as "nonprofit" EDUCATIONAL facilities for
adults, since they did not want to discriminate. (H) They restricted
CHILD & ELDERLY care to single family detached dwellings, not townhouses
or apartments. (I) They accepted PRIVATE libraries & museums in villages,
as well as public ones.

(J) They postponed MEAT & POULTRY PROCESSING until 9/16; all
commissioners seem leaning toward approval. After that decision, state
law 8-24-47 requires the ordinance to go back to the Planning Commission
for its comment on the changes.

Several votes were 3-2, including various combinations of Commissioners,
so next year's election of a Commissioner who lives in the Middleway
District is important. Now is the time to identify candidates.

The Commission heard criticism of Harpers Ferry NATIONAL PARK for not
maintaining their land, boundary errors, not allowing public access, &
telling neighbors not to trim trees. They'll vote 9/16 whether to hold a
public hearing on a resolution which would note "Whereas, an opportunity
exists to seek federal legislation that would authorize that lands
immediately surrounding the existing Park could be added to the Harpers
Ferry National Park by voluntary sale, donation or administrative agency
transfer; Let it therefore be resolved that the Jefferson County
Commission supports the enactment of federal legislation that will allow
lands in the immediate vicinity of the Harpers Ferry National Historic
Park to be voluntarily sold, donated or administratively transferred to
the Park Service."

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#23 From: Dorothy McGhee <sergie@...>
Date: Mon Sep 13, 1999 2:17 pm
Subject: Testimony Before County Commission
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Testimony to County Commission 9/3/99

	 The Planning Commission's recent development of amendments to the
zoning ordinances has highlighted problems with the planning process, which
we would like to bring to your attention.
	 The Planning Commission held a public hearing on their proposed
amendments on June 8th.  They offered to the public no explanation of the
amendments, no background, nor any rationale for their proposals. The
public hearing was well attended as many citizens are interested in issues
relating to meat processing. Many of the people in attendance requested
that a public information session be held so that questions could be asked
and the public could be better informed, prior to the taking of public
testimony. This request was denied by the Planning Commission.
	 When the amendments to the zoning ordinance finally went forward
from the Planning Commission to the County Commission, they were
substantially and materially different than the version which was submitted
to the public for comment in early June. The difference was that the
processing clause was widened to include not just fish and meat, but
poultry, an activity which carries a unique set of problems and
environmental challenges. Because the inclusion of poultry was done after
the public hearing, the public was effectively denied an opportunity to
comment on the inclusion of "poultry processing" as a permitted
agricultural use in the proposed zoning amendments.

	 It has subsequently come to our attention that in the course of the
Planning Commission's discussions and votes on these amendments, three
Planning Commission members who have a direct financial interest in meat
processing participated, thus violating the Rules of Ethical Conduct
adopted by the Planning Commission. Under the these rules, "A person to
whom some private benefit may come as the result of some public action,
should not be a participant in that action."
This is not rocket science. If a Planning Commission member, or a member of
his immediate family, has a direct, personal financial interest in a matter
which is being discussed, their Code of Ethics stipulates that that person
"should declare his interest publicly, abstain from voting on the matter,
keep out of any deliberations on the matter and leave the chamber in which
such deliberations are to take place. He should not discuss the matter
privately with any fellow official."
	 It is not our intention to deprive the Planning Commission of the
expertise and experience of their members. But if there is a conflict of
interest, members should be called to testify and can be questioned just
like any other member of public or any other expert whom the Planning
Commission wishes to interview. Planning Commission members experiencing
the conflict should not be participants in the deliberations of the
Planning Commission, much less voting on it, according to their own Code of
Ethics. The purpose here is to insure that private interests are not unduly
influencing public policy.
	 I raised this matter with Planning Commission at their last meeting
and they passed a motion stating that this was a matter which should be
submitted to the County Commission for their interpretation.
	 Finally when this Commission received comments from the public at
your last meeting, a great deal of concern was expressed by the public
about precluding large scale, corporate or factory farming in this county.
The Planning Director, Paul Raco, stood before this body and in answer to
the public's concern stated that large scale chicken industry would not
here because the industry brings chickens to market in a faster fashion
than is permitted under the proposed amendment which stipulate that birds
must be on site for a minimum of two months.
The Planning Director left us all with the impression that we would be
protected from factory poultry farming. What he failed to mention, however,
was that the time frame for raising poultry under these amendments, fits
very nicely with the raising and processing of turkeys and would therefore
make factory farming of this species possible. Combine this apparent
disingenuity on the part of the Plannig Director with the fact that a
prominent member of the Planning Commission is currently raising upwards of
several thousands of turkeys in the Kabletown District. We are left with
the impression of cronyism from your own professional staff.

Given the problems which I have described, I make the following requests of
the County Commission. These requests are intended to improve public
participation in the planning process and to preclude any appearance of
conflicts of interest on the part of the members of the Planning Commission.




REQUESTS  OF THE COUNTY COMMISSION 9/3/99
Submitted by Dorothy McGhee

(1) Communicate to the President of the Jefferson County Planning
Commission your concern about apparent violations of their Code of Ethics.
Request that the President of the Planning Commission and the Planning
Director be more proactive in enforcing their Code of Ethics so that when a
member is known to have a direct and personal financial interest in a
matter or industry under discussion, then that member would be asked to
refrain from participating in the deliberations or voting on it, if they do
not do so voluntarily.

(2) Communicate to the President of the Jefferson County Planning
Commission your recommendation that the Planning Staff hold information
sessions for the public, prior to any public hearing on proposed amendments
to either the Comprehensive Plan or the Zoning Ordinance. The public
deserves the opportunity to be fully informed on matters of public policy.

(3) Communicate to President of the Jefferson County Planning Commission a
recommendation that proposed changes to either the Comprehensive Plan or
Zoning Ordinances should not be substantially altered or rewritten after
they have gone to public hearing unless additional public hearings are held
on those alterations.

(4) That the County Commission, in its future discussion of zoning
amendments relating to meat and poultry processing and slaughtering, no
longer rely on the professional advise of the Planning Director who has
admittedly no expertise in this matter and who has appeared to materially
misrepresented the proposed amendments to you. We suggest that outside
expertise, without personal ties to the community, be retained for your
benefit as you debate these important amendments.





Dorothy McGhee
P.O. Box 1967,
Shepherdstown, WV
(304)   876-0725

#24 From: Paul Burke <numbersinstitute@...>
Date: Mon Sep 13, 1999 6:10 pm
Subject: Meeting on 2nd High School
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This Wed night, 9/15, Bd of Education meets, 7:30pm at 110 Mordington Av,
Charles Town, to discuss the cost of a 2nd High School. The following is
from my summary sent on 9/8/99. Figures are adjusted to include hallways,
furniture & equipment; exclude land, construction manager & inflation.

CONSTRUCTION:
$27,000/seat - proposed Career Center with 215 seat capacity
$23,000/seat - proposed 2nd HIGH SCHOOL with 1,200 seats
$14,000/seat - WV standard for High Schools
$12,000/seat - WV standard for Middle Schools (& our 9th Grade, 650
seats)

The proposed 2nd High School's total cost, $23,000/seat, includes:
$9,000 - classrooms & labs
$8,000 - physical education, music & theater
$6,000 - storage, cafeteria, admin, library, custodial, parking, toilets

A $30 million bond issue would increase total property tax rates about
13%. Owner-occupied homes, now paying 1.2%, would pay about 1.4%. Cars,
rental apartments, & businesses now pay 2.4% tax, & would rise to about
2.8% tax.

The board questioned (a) so much money on physical education; (b) a
separate Career Center; (c) the career programs planned (mostly low wage:
health, police, child care, computer operator+CAD, car repair, building
trades, broadcast technicians, custodians)

There has also been talk about the learning & safety benefits of 2 new
smaller high schools, with 600-700 students each, less physical education
spending, & online or distance-learning for some Advanced Placement
classes. Cost would be closer to the $12,000/seat 9th Grade price above,
than the $23,000/seat High School price. Operating cost could also be
lower, because of fewer discipline & control problems.

The superintendent is negotiating with a developer who may donate 40
acres to the High School, in a large future subdivision outside Charles
Town.

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#25 From: Paul Burke <numbersinstitute@...>
Date: Thu Sep 23, 1999 7:54 am
Subject: Jefferson High School Improvements
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BOARD OF EDUCATION, 9/15, 9/21

They approved a request to the State Building Authority (SBA) for more
improvements at the existing high school. The vote was 3-1, with Peter
Dougherty absent & Paul Manzuk opposed (he wanted instead to ask the
state to contribute to the 2nd high school, rather than asking voters to
pay the whole cost with local bonds; others didn't want to risk offending
the SBA, which has said they want local bonds to pay for the 2nd high
school). All costs below include 4% contingency & 8% fees.

1999-2000 REQUEST TO SCHOOL BUILDING AUTHORITY:

$1,000,000     Page Jackson: replace heating+air conditioning system

At Jefferson High School:

$2,184,000     New Gym, 16,400 square feet, includes $280,000 for
equipment
$690,000  Industrial Arts: Build+Equip
$581,000  Auditorium Renovation
$420,000  Science Labs: Reconstruct
$392,000  Bus Loop & Replacement Parking
$296,000  Library Renovation
$168,000  New Public Address System
$157,000  Miscellaneous
$73,000   Existing Gym: Replace Bleachers
$39,000   Existing Gym: Lights, Refinish Floor, Paint
$5,000,000     TOTAL for Jefferson High School

PREVIOUSLY APPROVED BY SCHOOL BUILDING AUTHORITY AT JEFFERSON HIGH
SCHOOL, SCHEDULED SOON:

$1,344,000     Replace heating+air conditioning
$448,000  Add sprinkler system, against fire
$245,280  Library renovation
$237,440  Locker room renovation
$196,000  Enclose outdoor passageways
$112,000  Band room renovation
$112,000  Emergency lighting+generator
$67,200   Cafeteria renovation
$67,200   Public sewer connection
$67,200   Public water connection
$56,000   Singing room renovation
$2,952,320     TOTAL for Jefferson High School


The Board heard strong complaints about almost all the lights being
broken in the high school auditorium. Total cost will be
$100,000-150,000, of which $25,000 is available now to provide house
lights & limited stage lights by Christmas. Several months have been
spent developing specifications, to avoid $20,000 to an engineer to
develop specifications quickly. The Board asked staff to report back
whether more money could be found in the maintenance budget.

They heard a complaint about poor security for expensive equipment (like
stereos) in students' cars parked at the high school, and a request for
security cameras on the back lot.

They heard questions about staff & student ID cards, which will soon be
required for staff & optional for high school students.

They heard a request to divide the 1500-student high school into 3
separate 500-student high schools, in the 3 existing wings of the
building. Several cities have subdivided large buildings in this way. The
3 schools in the same building would share common areas & rare classes.
The goal is to improve the learning atmosphere & solve the over-crowding
in the single connecting corridor. A large number of research studies
show that smaller schools create better academic results & more
extracurricular participation (see below). This proposal would let the
school system build a 2nd high school for only 900 students, instead of
the current plan which builds it for 1200 students, reduces the present
building to 1200 students, to have a more manageable size, and leaves 15
unused classrooms in the present building.

BEST SCHOOL SIZES

Year, Author, Number of students recommended

1997                Lee & Smith     600-900
1996                NASSP+Carnegie  <600
1995                Meier 300-400
1994                Howley     400
1992                Fowler     400
1992                Sizer <200
1984                Goodlad    800
1983                NYC-BOE    1200
1982                Public Ed. Assoc.    800-1200
1978                Norway     <450
1977                Stanton, Legget 250
1974                Coleman    500
1973                Postman & Weingartner     250
1971                Heath <400-500
1971                NYC-BOE    150
1965                NYC-BOE    600
1964                Barker & Gump   400-500

Sources: David Kirkpatrick, "School Size," 1998,
www.schoolreport.com/articles/schoolsize_9_98.htm
     Public Education Association, "Small Schools Operating Costs," 1992,
ED375218.
     Mary Anne Raywid, "Current Literature on Small Schools," ERIC
Clearinghouse on Rural Education & Small Schools, Charleston, WV, 1999,
ED425049

EFFECTS OF SMALL SCHOOLS

Year, Author, Smaller Schools Have:

1997                Lee & Smith     More gains in math test scores (best
with 600-900 students)
1995                Lee et al. More benefit at older ages
1995                Mosteller  More benefit at older ages
1994                Lee & Smith     Students learn more in math, reading,
history & science
1994                McMullan et al. More students pass major subjects &
progress toward graduation
1993                Huang & Howley  Disadvantaged students perform better
on standardized tests of basic skills
1993                Monk & Haller   Fewer choices of courses
?   New Jersey      Better effect on student achievement than any other
factor controllable by educators
1992                Architectural League, NY  Better learning causes
lower costs to society in future. Construction savings from having more
bidders, faster construction, lower overhead, more flexible scheduling, &
more availability of workers
1991                Consortium on Chicago School Research    Better
effect on teachers' acceptance of reforms than any other factor studied
1990                Becker     Fewer minicourses & keyboarding courses
1990                Chubb & Moe     Higher academic performance on SATs
1990                Haller et al.   Less comprehensive academic programs
1989                Chicago Panel on Public School Policy+Finance
2nd strongest effect on student achievement, after family income
1989                Howley     More benefit at older ages
1987                Sorenson   Easier time monitoring student progress.
Fewer students taking courses beneath their ability
1985                Barker     Less choice in most subjects, though more
in Agriculture
1985                Gottfredson     Better perceptions of school safety.
Better perceptions of school administration
1984                Goodlad    More effective school functioning
1983                Boyer More effective school functioning
1982                Oxley Lower dropout rates. Less disruptive school
environment
1978                Garbarino  Less vandalism & violence
1976                McPartland & Dill    Less vandalism & violence
1975                Grabe More involvement in extracurricular activities
1974                Coleman et al.  Less depersonalization
1972                Loughrey   Higher morale among staff
1971                Heath More teacher contact with students
1970                Turner & Thrasher    More involvement in
extracurricular activities
1969                Baird More involvement in extracurricular activities
1969                Wicker     More involvement in extracurricular
activities
1968                Tamminen & Miller    Lower dropout rates. Stronger
student guidance
1965                Plath Fewer rule infractions
1964                Kleinert   More involvement in extracurricular
activities
1957                Tyson More teacher contact with students
1949                Larson     Less difficulty for students in making
friends

Sources:  Diana Oxley, "Effects of School Size: A Bibliography," Bank
Street College & Public Education Association (212-868-1640), 1987.
     Public Education Association, "Small Schools Operating Costs," 1992,
ED375218.
     Mary Anne Raywid, "Reaching for Equity, Synthesis of Research, Small
Schools: A Reform that Works," in Educational Leadership, 55:4, 12/97
(www.ascd.org/pubs/el/dec97jan/extraywi.html).
     Ann Witcher & Robert Kennedy, "Big Schools, Small Schools" Phi Delta
Kappa, 1996.

OPERATING COSTS:

$7,628/student      0-600 students
$6,943/student      600-1200 students
$6,849/student      1200-2000 students

Source:  Leanna Stiefel et al., "The Effects of Size of Student Body on
School Costs & Performance in New York City High Schools," New York
University, 1998, www.nyu.edu/iesp/ They also discuss the cost per
graduate, which is not as significant in Jefferson County, since we have
a low dropout rate.

Most experts on school reform recommend: (a) taking several months to
decide how to form subschools, with time scheduled for teachers &
administrators to form the educational personality of each school; (b) as
much independence as schools have that don't share buildings; and (c)
letting staff and students choose which school to join. Some subschools
choose to share sports, band, & classes with small enrollments. Jefferson
could be divided into 2 or 3 sub-schools, whichever seems better after
discussions.

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#26 From: "Marian Buckner" <marianb@...>
Date: Thu Sep 23, 1999 9:17 pm
Subject: Comment: Farming Is Alive in Jefferson County
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The Listener newsletter is a good idea, and requires
time and effort on the part of its editor.  It provides
a perspective on what is going on at county meetings.

	 The purpose of my message is to comment on a
statement that appeared in the September 11 Listener.

	 That issue of the Listener stated:
  	 "Craig Yohn testified that farming is dead in
   Jefferson County.  There have been reductions in the
   number of farms & total acreage in the 20 years since
   he's been extension agent.  People cannot buy land,
   raise, dairy cows, & make a living."

  	 A JOURNAL article reporting on the same
   testimony stated:
  	 "...Yohn said that because agricultural profits
   are so marginal, that the family farmer needs the
   opportunity to add value to his product to stay afloat.
   'Agriculture is dead in Jefferson County for anyone
   that wants to get into it now,' he said.  'The only profitable
   farms are the ones that the land has been in the family
   for generations.' "

  	 This indicates to many of us that farming
   is not dead, for the families referred to in the last
   sentence above are farming and the prospect is that
   they (not all, of course) will continue to farm.  These
   families established in agriculture are now often farming
   more land than before.  [In some cases, they are near
   retirement age.  That will put them in the "not all" group
   above.]

	 Before going further, let's take a look at Jefferson
   ag statistics.  First, over half the total land of Jefferson
   County is classified as agricultural.  The gross market
   value of Jefferson agricultural products in 1997 was over
   $19 million, making it an important economic
   contributor to Jefferson County revenues.

 	 Not only will there be a future for farming
   with the first group mentioned, there are other groups for
   whom this is true.  One is that group of farmland owners
   with enough financial resources that they can afford to
   continue farming even if profits are marginal.

 	 Another such group is young farmers.  Our
   county's young farmers already established
   in farming (who may or may not be in the first group)
   certainly can help ensure a future for farming in
   Jefferson County.  Also, as our population grows,
   farmers markets are becoming popular and produce
   farmers are finding an important niche.  [Even more, there
   may be other groups who will also continue to farm.]

	 Further, even when land prices are high, farmers
   often take the option of renting farmland.  This is an
   important part in agriculture's important contribution to
   Jefferson County economic revenues.

  	  Doesn't this suggest to you that farming is
   not dead in Jefferson County?

  	 It is important first to recall that Craig had
   only 15 minutes to testify at the county commission
   meeting.  This was not the time and place to go into a
   discussion of the state of the future of farming in
   Jefferson County.

  	 Craig is now aware that people are not interpreting
   his remarks in the full context of his testimony and the
   circumstances under which it was given.

  	 In truth,  farming can have a future in
   Jefferson County.  There is a major proposed Potomac
   Headwaters Resource Conservation & Development
   project in the works for the economic enhancement of
   agriculture in Jefferson County.  This includes many
   "subprojects."  Funding is being actively sought.

	 This and other measures have the potential
   to make farming in Jefferson County something more
   farmers can afford to do.

  	 Further, a factor with a potential positive
   impact on the future of farming would be if money
   becomes available to purchase development rights.
   That way, farmland on which the development rights
   were purchased could be marketed at affordable
   agricultural prices, rather than inflated development prices.

  	 For all these reasons, it seems that there is
   still plenty of life in Jefferson County farming.

  				 Marian Buckner

PS.  Craig Yohn is available for any questions.
   Craig Yohn's email address:  cyohn2@...
   His telephone:  728-7413

#27 From: Paul Burke <numbersinstitute@...>
Date: Thu Sep 23, 1999 10:14 pm
Subject: Land use, Rt 9, Sewer spending, etc
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COUNTY COMMISSION, 9/16, 9/23/99

They scheduled a public HEARING 10/19, 7pm to discuss expansion of
Harpers Ferry National Historic Park, after hearing conflicting testimony
that (a) the Park was dictatorial to some neighboring landowners &
expansion would harm their property values, and (b) the Park was
completely tolerant of activities by several other landowners surrounded
by the Park, and raised their property values.

They discussed limits on MEAT PROCESSING with Craig Yohn, USDA extension
agent. He & Paul Burke jointly recommended dropping the limit based on
the number of months animals were on site (hard+intrusive to monitor), &
switching to a limit on the size of the cooler where unprocessed meat is
stored, and making this limit proportional to acreage. The County
Commission wanted to allow processing on small sites, so they rejected
that limit, and stayed with the Planning Commission's limit based on 75%
of animals raised on site for a certain number of months.

The County Commission then approved the REVISED ZONING AMENDMENTS 4-1
(Hooper opposed, because of his opposition to adult educational
facilities). The amendments now go back to the Planning Commission for
review, with just the following revisions: (a) identify procedures for
getting permission to rebuild non-conforming uses after a disaster; (b)
add a title to the rules on model homes; (c) allow for-profit as well as
nonprofit adult educational facilities; and (d) limit child & elderly
care to single family detached homes (or commercial space, but not
townhouses or apartments). If the Planning Commission doesn't register an
objection, the ordinance is law. If they do, the County Commission takes
one more final vote.

Fred Blackmer presented information on ROUTE 9, going due East from the
Charles Town bypass across the Shenandoah & then to Virginia, on enormous
earthworks & bridges.

The County Commission rejected a request from the City of Charles Town to
ANNEX some streets around the Race Track entrance, for not being in the
right format.

The County Commission gave $2,500 to the Race Track's CHAPLAIN's work
with employees. The vote was 3-2 (Knode & Ridgeway opposed, on grounds of
church-state separation & unfair help to one company).


PUBLIC SERVICE DISTRICT (PSD: Water+Sewer for the County), 9/22/99

They agreed to ask state approval to spend $375,000 of local customers'
money for land & construction of an OFFICE BUILDING & maintenance space.

They approved an Intergovernmental Agreement with Berkeley County's PSD.
The agreement lets Berkeley sell sewer service to 17 landowners in
Jefferson County along the Opequon River, where Berkeley is building a
sewer line. There will be a HEARING on it 10/26 at 108 E Washington St,
Charles Town. They declined to accept public comment before approving the
agreement.

Their lawyer sent the state an objection to the proposed rule where the
PSD would pay developers 7.5 years of water+sewer fees (discussed earlier
on this email list). They said the staff director had authorized this
objection, not the board (which had not discussed it in open meeting).
The PSD believes the 7.5 years is a maximum; others believe it is a
required payment. They currently pay $2,700 PER COMPLETED HOME to the
developer for the first 600 homes in Briar Run, Breckenridge & Cambridge
($1,620,000), under an Alternate Agreement approved by the state. They
borrow the money interest-free from the State Revolving Fund (funded by
EPA grants, so this is federal money paying to bring more homes into the
county), and repay it over 30 years. They have discussed connecting homes
in Shenandoah Junction to the public sewer, and expect to negotiate a
payment to the developer.

Areas in Walnut Grove that were dug up early in the summer for laying
pipes, have still not been SEEDED. In spite of several inches of rain in
the last week, the Board agreed to wait for more rain before seeding.



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#28 From: Paul Burke <numbersinstitute@...>
Date: Thu Sep 23, 1999 10:31 pm
Subject: BluRidge98@...: Route 9 presentation
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--------- Begin forwarded message ----------
From: BluRidge98@...
To: numbersinstitute@... (Paul Burke)
Subject: Route 9 presentation
Date: Thu, 23 Sep 1999 14:59:32 EDT
Message-ID: <1c850493.251bd294@...>

Talking paper for the Rt. 9 update presentation at the 9-23-99 County=20
Commission meeting. Fred Blackmer.
Route 9 information
    =20
               September 23, 1999
Charles Town to the VA line

Lets begin the journey starting from the access point on the 340 bypass
and=20
head for Virginia.=20

Start with a circular elevated interchange with a bridge over the
existing=20
340 bypass. From this point you should be able to see the entire project
to=20
the border. If you believe in chance, here is a tidbit. The proposed=20
interchange hits dead center on a previously engineered access point on
the=20
bypass that was completed in 1991.

We travel relatively flat and straight eastward, knocking 10 to 30 feet
of=20
everything 150 to 250 feet wide. We are gradually descending 60 feet in
this=20
section.

Once at Marlow Road (Cattail Run) the real engineering triumphs begin.
Start=20
by blasting 76 feet off the top of the first hill and make it 450 feet
wide=20
for 900 feet. Then it is relatively level until marker 180. At that point
th=
e=20
serious fill begins to raise the road. This is the lowest natural terrain
so=20
far; the fill must be 56 feet deep (20 feet higher than the new
judicial=20
annex).

We then reach point 220 on the drawings and the serious climb begins. We
are=20
still going straight more or less at an elevation of 456 feet. We now
must=20
knock 170 feet of the top of Snyder's hill creating a ditch 2300 feet
long=20
and up to 700 feet wide. That's a distance roughly a =BC mile long and a
1/1=
0th=20
mile wide. Check my math but that's over 30 acres. Is that the same as
the=20
area of Crosswinds subdivision?

Now on to the more scenic portions. The Bloomery bridge. It's 450 feet
long=20
and 76 feet high. Just for reference, the Courthouse (clock and all)
could g=
o=20
under it. Now another little speed bump appears. Knock 20 feet off the
top o=
f=20
Power Plant hill for 450 feet and start the fabled Shenandoah Bridge.
1750=20
feet long, 190 feet above the river, and a rise from 486 feet to 570
feet=20
while on the bridge. That should keep our new ambulance service busy on
thos=
e=20
freezing rainy mornings.=20

We've now crossed the river and need fill to maintain road grade to
the=20
border. A lot of fill. We are now 100 feet above natural terrain heading
for=20
Hostler road. The base of the fill is 500 feet wide.=20

This brings us to the Hostler Road Bridge. 340 feet long and 72 feet in
the=20
air. I don't know about the Courthouse but I'm pretty sure the Charles
Town=20
races grandstands would go under it.

Now for the home stretch to the State line. Oops. The Blue Ridge got in
the=20
way. Knock a slot in that and we've managed to get to a two-lane road
headed=20
for Leesburg. Now I know why we did it!




When I said there would be fill required for the Shenandoah Bridge to
the=20
State line segment let me give you the State calculations that I think
are=20
low. Their engineering estimate requires 1,356,432 cubic yards. Those 10
or=20
12 wheel dump trucks you currently see running on 340 from the
Millville=20
quarry? It will take 113,036 trips in those trucks to haul the fill. It
woul=
d=20
take 100 of those trucks, each making 5 trips a day on our existing Route
9=20
and secondary roads, 226 days just to haul the material from somewhere.

The entire route from Marlow roar to the State line is on a rather
severe=20
grade. The noise made by the trucks alone that high in the air in my
rural=20
setting could be the final irreversible blow to quality of life East of
the=20
Shenandoah. With the Quarry's 24-hour operation and the theft of the
natural=20
night skies by Penn National, the traffic and construction noise for the
nex=
t=20
10 years should just about do it.

If you think I have forgotten to mention the access points to serve
the=20
community and improve safety, I have not. There aren't any. No one who
lives=20
east of the 340 bypass and south of the proposed route will use it.=20

School busses

Road maintenance

Additional residential development on the mountain and Kable Town road
area

Mountain Top Removal

I can only believe that State officials have intentionally withheld
this=20
information from the public to avoid the criticism that would follow.
There=20
can be no doubt that this current "plan" will cause a negative impact on
our=20
community that no logical discussion of fact could over come. Now that
the=20
information is available, the informational "town meeting" can be
scheduled.

Thanks for your time,
Fred Blackmer

=20





=20
--------- End forwarded message ----------

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#29 From: Mary Ann Zimmerman <maz@...>
Date: Mon Sep 27, 1999 4:16 pm
Subject: Shepherdstown Bypass
maz@...
Send Email Send Email
 
To those among us who oppose the Shepherdstown bypass, its current
contracted location, or the apparently flawed process by which it has
come about, please write/fax, or email Governor Underwood with your
comments and CC: the following:

Governor Cecil Underwood
governor@...
Office of the Governor
State Capitol
Charleston 25305
558-2000
FAX 558-7025

Phyliss Cole
Intergovernment Relations
pcole@...
Office of the Governor
State Capitol
Charleston 25305
558-2000
FAX 558-7025

Samuel G. Bonasso
dotsec@...
Secretary of Transportation
Room 109
PH 558-0444
FAX 558-1004
West Virginia Department of Transportation
Building 5, Room A-109
1900 Kanawha Boulevard, East
Charleston, WV 25305-0430

Commissioner, Division of Highways
sbeverage@...
Sam Beverage
PH 558-3505
FAX 558-1004
West Virginia Department of Transportation
Building 5, Room A-109
1900 Kanawha Boulevard, East
Charleston, WV 25305-0430


Randy Epperly
repperly@...
Deputy State Highway Engineer - Project Development
PH 558-2885
FAX 558-1334\
Building 5
1900 Kanawha Boulevard, East
Charleston, WV 25305-0430


Thanks!

--
Mary Ann Zimmerman
Studio 105
105 S. Princess Street
PO Box 1927
Shepherdstown, WV  25443
http://www.studio105.com
304-876-8080
FAX 304-876-6704
maz@...

#30 From: "Ward, Matthew W." <matt.ward@...>
Date: Fri Oct 1, 1999 5:15 pm
Subject: PROTECT THE HARPERS FERRY PARK
matt.ward@...
Send Email Send Email
 
Folks -- please distribute and post this flier as widely as possible.  It
concerns the October 19 County Commission hearing on the proposed federal
legislation to protect the border of the HF area.  Thanks, Matt

  <<2HFY01!.DOC>>

#31 From: "Ward, Matthew W." <matt.ward@...>
Date: Thu Sep 23, 1999 8:13 pm
Subject: JEFFERSON GROWTH PLAN
matt.ward@...
Send Email Send Email
 
Friends --

As you all know, Jefferson County is debating how to plan and manage growth
and development.  Peter Bradford (Harpers Ferry Town Council) and I have
developed a proposal for how Jefferson County can address this extremely
important issue.  We hope that this proposal can help all of us get our arms
around how to proceed in a step-by-step fashion.

Peter and I submitted an earlier draft of this proposal to Commissioners
Ruland and Hooper, and asked for their leadership.  They conveyed that they
see a strong need for County Commission leadership on these issues, and
promised to seek the support of their fellow commissioners.  We all know
that County Commission leadership is crucial, and must encourage the County
to step forward.

I would welcome any comments or suggestions on this plan.  More importantly,
we need citizens of Jefferson County to step forward and participate in
making these things happen.  Thanks for your consideration.  Matt Ward

P.S. -- Please pass this on to anybody who may be interested, or send me
their email address.
  <<plan.doc>>

#32 From: Paul Burke <numbersinstitute@...>
Date: Sun Oct 3, 1999 4:23 pm
Subject: Meeting of Home Owners' Asociations
numbersinstitute@...
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Reminder: Meeting Monday October 4, 7:30-8:50pm

A meeting for those interested in joining with other Jefferson County
Home Owners’ Associations will be 7:30-8:50 pm Monday, October 4 at the
Charles Town Library, 200 E. Washington Street. Associations are
encouraged to send at least one representative to this formation meeting.

Those present will identify the types of meeting programs that are most
appealing to active associations. Some topics have already been
suggested, including Road Maintenance Tips, Designing Good Annual
Meetings, and Getting People to Run for the Board.

Attend and help design sessions that will benefit you and your
association. There will also be time to share tips about what makes each
association successful   what works best.

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#33 From: Noah Mehrkam <nbm@...>
Date: Mon Oct 4, 1999 3:45 pm
Subject: Sierra Club Sprawl Report
nbm@...
Send Email Send Email
 
I thought this may be of interest to many of you.  The article from CNN.com
came out this morning and mentions West Virginia (what we are doing wrong)
and Maryland (what they are doing right) related to open space protection.


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