7pm Tonight (Wednesday):
Old Standard annexation: Charles Town Planning Commission in Independent
Fire Hall in Ranson
Hearing on county budget (Charles Town Library)

Friday: Charles Town Council: last day to register in person as a
candidate (by mail through Sunday). If you have any interest register! If
you then see that a candidate you like has also registered, you can
withdraw later.

Saturday: breakfast with legislators:
Members and friends of The League of Women Voters of Jefferson County:
You are invited to a
Breakfast with our Legislators
on Saturday, March 24, 2007, at 9:00 am
at the Bavarian Inn, Shepherd Grade Road, Shepherdstown

This informal meeting gives us a chance to discuss with our Delegates and
Senators how issues of importance to the League played out in the recent
legislative session.

A fixed fare breakfast is available for $10.00.
Feel free to call 876-2583 for reservations or simply show up.
As with all League events this program is free and open to the public.
Hope to see you Saturday

Renny Smith

My comments: John Doyle will do anything to destroy
State businesses.
----------------------------------------------------

Sent from Charleston Daily Mail. Read the complete story online at
http://www.dailymail.com/news/News/200703223

State delegate wants online shoppers to be taxed

by Jake Stump
Thursday March 22, 2007; 07:03 AM

This could be the year Congress finally mandates online sales tax collection,
requiring Internet retailers such as eBay and Amazon.com to charge cyber
shoppers a sales tax.

SHENANDOAH JUNCTION, W.Va., March 18, 2007- Former West Virginia
Senator Herb Snyder has filed pre-candidacy forms to seek the
Democratic nomination for the sixteenth district state senate seat
in 2008. Snyder served as Jefferson County Commissioner from 1991 to
1996 and was then elected to two terms in the State Senate, where he
served through 2004. His service in the Senate included seven years
as Vice Chairman of the Senate Judiciary Committee.

After winning his battle with alcohol addition, Snyder openly speaks
of his personal journey that has led him to three and a half years
of sobriety and what he describes as a renewed perception on life
and public service. "My desire is to show all those struggling with
addiction that there is hope. If my story can inspire hope in
someone else, I have truly made a difference. Redemption is God's
gift to everyone," Snyder said.

Snyder says that his desire to return to service has a new focus and
sense of unity. "Our delegation must act as a cohesive force to
demand the attention our region deserves when dealing with the
unique issues we face in Jefferson and Berkeley counties. He will
focus to change the one-size-fits-all mentality at the
Legislature. "We must develop a comprehensive strategy to give our
progressive region the tools it needs to deal with issues that are
not common to the rest of the state," he said.

Snyder is also critical of the current property tax law that he
describes as the "Robin Hood Tax" that levies significantly higher
taxes on progressive areas, while lowering property taxes throughout
the rest of the state. "The statewide prohibition of no more than 1
percent of the new school revenue per year and the corresponding
required levy rate rollback has had a devastating effect on
education funding and has forced West Virginia to lose two-thirds of
its new growth each year," Snyder said.

Snyder, who describes himself as a social moderate and fiscal
conservative, is an environmental chemist and owner of Hydrochem
Laboratories. The 53-year-old business owner lives on his Jefferson
County Historic Landmark beef cattle farm just east of Shenandoah
Junction with his wife Stephanie and their two teenage sons, Herb II
and Joseph. Snyder is the father of six children and the grandfather
of three grandsons.
----------------------------
From moderator:

I was fairly familiar with state education finance, but not aware of the 1%
limit Mr. Snyder cites, so I sought clarification. I found the following
explanation from the WV Dept of Education, and Mr. Snyder provided the
explanation below.
---------------------
wvde.state.wv.us/finance/data/2003/pdfs/2003ExecutiveSummary-PropertyTaxAndLevie\
s.PDF
"According to West Virginia Code 11-8-6f, whenever the property assessments
result in an increase of one percent or more in the projected regular levy total
property tax revenues for county boards of education, the rates of levy are to
be reduced uniformly statewide and proportionately for all classes of property
so that the total statewide property tax revenues to be realized from the
regular levy tax collections for the forthcoming year will not increase by more
than one percent of the current year's projected property tax revenues, unless
the State Legislature holds a public hearing.

"Excluded from the calculation are increases in projected tax collections due to
new construction, improvements to existing real property, or newly acquired
personal property. The amounts to be paid to the Assessor's Valuation Fund are
also excluded from the calculation."

If the long link above fails, go to
http://wvde.state.wv.us/finance/data/2003/pdfs/
and scroll down to
2003ExecutiveSummary-PropertyTaxAndLevies.PDF
---------------------
WV Property Tax Law is Hurting Education Funding
By Former Senator Herb Snyder

             West Virginia’s nearly two-decade-old property reappraisal tax law
has cost education some 36 percent of its budget by losing two-thirds of the
state’s growth each year.  In addition, the law redistributes the tax burden by
increasing taxes on property in progressive areas of the state while reducing
taxes on property in less progressive areas. All this occurs while limiting the
total education revenue growth to 1 percent per year as capped by an old flawed
tax law.  Citizens with rising property tax bills might feel some satisfaction
in thinking that the additional monies go to the schools, but they don’t.

             The property tax law in the West Virginia Code, chapter 11 requires
the statewide levy rate for education be reduced each year to yield a total
statewide education revenue that cannot exceed 101 percent of the previous
year’s revenue.  This 1-percent limitation is considerably less than the rate of
inflation. Each year the state adds an average of 3 percent of new growth by the
addition of new properties, homes and businesses to the tax roles. The fact that
the state is only allowed to raise 1 percent of new revenue each year forces 2
percent in growth to be lost annually when the new properties are added to the
tax roles the second year.  Applying the mandated reduction in education levy
rate has caused a cumulative loss of some 36 percent of the state’s education
revenue over the last 18 years.  That equates to hundreds of millions of dollars
that has been lost forever, and the flawed policy continues.

             The current property tax law also has a “Robin Hood” effect on who
is paying the property taxes for education. The current law will not allow for
more than 101 percent of the previous year’s total school tax revenue to be
collected statewide. When assessed values raise taxes on some properties, a
corresponding tax reduction on other properties must be given to other taxpayers
across the state.  The irony of this tax reallocation is that, while taxpayers
in an area with increasing property values see their tax bills go up, there is
no increase in the actual funds allotted for education.  Instead, those
increased tax dollars must be spread out across the entire state resulting in
lower tax bills for other areas to make sure that the total school funds
collected do not exceed the 101 percent collected the previous year.  We have
lost two- thirds of the school tax revenue for all new property investments that
have been added to the tax roles. Whether it’s hundreds of millions of dollars
spent to build the Toyota plant in Putnam County, the Charles Town Races or the
thousands of new homes, two thirds of the new money went to lower other property
tax bills throughout the state and not for our schools

A source that is usually reliable told me that one of the women giving out
postcards this afternoon at the 4 way stop in Shepherdstown was observed  being
arrested and taken away.  The post cards were addressed to Shelly  Moore
Capito and had a place for the writer to express his or her thoughts on  the
Iraq
war.  The others were intimidated into not distributing more  postcards.

I am in shock, and I hope this is not true.

The NSA has tapped citizens' phones without proper authorization.

Protestors are not longer allowed to stop at the White House gates to
display their protest.

Now it may be that persons are not allowed to distribute literature at the  4
way stop in Shepherdstown.

If we don't unite and protest this encroachment on our liberties, when  are
we going to stand up and say ENOUGH?

I hope the details will be available tomorrow, and if true, I hope all
citizens will unite in calling for an end to such intimidation and a formal
apology made to the person so treated.

Bob Graf
Kabletown Road
----------------------------
From moderator:

I asked if the town government had any comment, and the mayor said,

"The report I was given said that the person in question was asked two times to
stay out of the intersection as she was angering motorists (three called in from
cell phones) and was creating safety issues. The third time she was taken down
to the station and in lieu of arraigning her she was instead just given a
ticket. I believe the town acted well within the law and with some forbearance.
I am very much in favor of citizens spreading their political or personal
messages and information "on the street'" so long as they're safe and reasonably
well-behaved.   Lance Dom"

IS this what the politicians mean when they put those damned "Open for business"
signs all along the perimeter of OUR beautiful state??

Fight eminent domain ~ keep West Virginia wild and wonderful and almost heaven!!

I signed, and I'm passin' it on. Fight eminent domain!

Doesn't matter what state you are in, you can help us keep west virginia wild
and wonderful!!!

<>~<>~<>~<>~<>~<>~<>~<>~<>~<>~<>~<>~<>~<>~<>

CANADIAN COMPANY FORCING WEST VIRGINIANS OFF PROPERTY!

Check out this site.
http://www.savethesharpfarm.com/main/welcome.php

And then sign this petition.
http://www.thepetitionsite.com/takeaction/191522344?ltl=1174440286

And then pass it on!

Lillian ~ Co-Conspirator to Make the World a Better Place.
HeroicStories.com <http://www.heroicstories.com/>

"All that is necessary for the triumph of evil is that good men do nothing." 
Edmund Burke

Two weeks ago I encouraged Listeners to apply to be appointed to the
County Planning Commission. I encourage more applications now, since
there will be at least one wide open seat (Manuel, Surkamp & Frances
Morgan will vote against reappointing me).

The county depends on good volunteers, and this is a good chance to work with
new staff, advise on new ordinances, and make a big difference. The other
applicants interviewed today didn't speak for slow growth, so supporters of slow
growth are needed.

Talk to County Commissioners (all in phone book except Surkamp 876-1299 & F
Morgan 725-6309) & send them a letter describing how you would do a great job.
Applications should be in by Monday 4/2.
mailto:info@...
725-7916 fax
PO Box 250
Charles Town WV 25414

Please attend two important meetings on Monday, April 2.

At 6:00 pm the Charles Town Planning Commission will vote on annexing Old
Standard Quarry.  There will be no public comment.

At 7:00 pm the Charles Town City Council will vote on annexing Old Standard
Quarry.  Only 20 minutes of public comment will be allowed.

Both will be held at Zion Episcopal Church on East Washington Street in Charles
Town.

The following letter commenting on this expedited process has appeared in local
newspapers:

WHY THE RUSH?

The largest and most unprecedented annexation in West Virginia history is about
to be approved based upon less than an hour of public comment.  If the
developers’ have their way, a mini-city, larger than Charles Town, will arise
on the doorstep of Harpers Ferry and Bolivar in the middle of a national park. 
It will be completely isolated from Charles Town, except for a five-mile stretch
of Route 340.

This proposal has been altered several times in the last two weeks.  The
City’s own attorney filed a letter stating the annexation petition is
inaccurate and lacks legal sufficiency.

Yet, the city of Charles Town is barreling ahead to approve the annexation of
Old Standard Quarry in record time.  On April 2, the Planning Commission meets
at 6:00 to approve the annexation and, one hour later, at 7:00, the City Council
meets to approve the annexation.

On March 1, Charles Town announced a public meeting on this annexation, fifteen
days before it was formally initiated before the City Council.  The ordinance
clearly states that the process does not begin until after an annexation request
is formally initiated.  By jumping the gun with public notice, citizens were
given only three business days to review documents prior to the public hearing
on March 21.  Nearly 200 people attended that hearing, yet only three from the
affected area were allowed to speak.

Many questions need to be answered before the April 2 vote, especially, why the
rush?

Scot Faulkner
Bolivar Heights

From moderator:

These are more comments on arresting a woman for handing out postcards at
the 4-way stop in Shepherdstown. The original report and comment from the
mayor are at http://groups.yahoo.com/group/listener/message/2404
---------------------------
From: "F Fischer" <ffischer@...>
Date: Fri Mar 23, 2007 10:46 am

As often before, the nation itself
comes to an intersection: where
tanks bear down on tricycles
& reptilian brains urge us
to swallow up the weak,
to annex the spring,
to bomb flowers . . .
How do we lance the boil
of war when our peace
traffics in coma
consuming us
& missing
signs
of sanity?
----------------------------
From: Rie Wilson <riew@...>
Date: Fri Mar 23, 2007 2:32 pm

Here is what happened from my perspective. I was one of the organizers of
our peaceful assembly advocating an end to the war in Iraq. We were at
the 4-way stop in Shepherdstown 7-9 am and 4-6 pm., Monday, March 19, 4th
anniversary of the war. I had informed Town Hall, who told me they would
tell the police.

In the morning we were handing out postcards (described below) when the
police Chief, from his car, told me we couldn't and that I should get out
of the street  or be arrested. I was in the road (but not the middle) by
The Thomas Shepherd Inn. So we stopped handing out cards.

I talked with him again in the afternoon at the police station. He
repeated we could not be in the street at all or hand out cards. He said
the 4-way stop is too busy. I agreed that we wouldn't do the cards.

Then we gathered at 4 pm. I was in front of the Inn again, but on the
sidewalk. We had been there for a while when I looked up and saw the
woman, who was arrested, handing out cards. I had not seen her until that
moment, nor talked with her. She had not been there in the morning. As
soon as I saw her, I started to go ask her to stop when I saw the Chief
approaching her. Too late. He arrested and fined her. I did not see his
giving her any warnings.

I talked with the Chief on Wednesday, March 21 explaining what I shared
here. He would not rescind her fine ($100).

Rie Wilson

The terms of three Planning Commissions are about to end. All three of the
incumbent commissioners have asked to be reappointed. These Commissioners are;
Paul Burke, Ellen May and Russell Roper. An additional 8-9 citizens have
submitted applications for these positions. The County Commission (CC)
interviewed most of these applicants today. The actual selection of appointees
will occur at next week's CC meeting.

   I have just finished reviewing part one and a short segment of part 2 of
today's County Commission meeting.

   During the Public Comment segment four (4) developers spoke against Paul
Burke's reappointment. In addition, Fred Blackmer, representing JCCEP, spoke
against Paul Burke's reappointment during his scheduled appointment.

   It is likely that only Commissioner Corliss will support Paul Burke's
reappointment. It is obvious that Commissioner Manuel will vote against him. By
her demeanor, while interviewing Paul Burke, it is also likely that Commissioner
Frances Morgan will not vote for him. Commissioner Rusty Morgan is evidently
receiving a lot of outside pressure to also vote against Paul Burke.

   Don't be fooled by all of efforts against Paul Burke. This is not about Paul
Burke, it is about control of the County. The Todd Baldau situation confirms
that scenario! If the sitting Commissioners cave in to the developers this time,
developers will continue to go after any Planning Commission member who dares to
vote no on any development.

   Don't even be fooled by all of the talk about "economic development". The only
"economic development" developers care about is the kind that lines their
pockets!

   Joe Coakley
----------------------------
From Paul Burke:

Jim Surkamp told me he'll vote against me. He's said a major reason is my
critique of the consultant Lane Kendig's draft ordinances. Virtually everyone
who's looked at the drafts finds them unworkably complex. The full Planning
Commission criticized them and the full County Commission has spent many hours
so far making line by line corrections.
http://www.listeners.homestead.com/files/buildout.htm shows where Kendig's draft
rules would permit 300,000 people in this county even if only 70% of Kendig's
proposed densities were built, and including all the open space Kendig proposes
to conserve.

I've worked 34 years in the field and know no one (even a consultant!) has all
the answers. The new planner being hired can spend significant time on these
issues, and I'd love to see other people make alternate proposals for growth, so
we have a range of options to discuss. I have, and am pleased the County
Commission asked the Planning Commission if my draft should be sent to Kendig
for comment, and the PC voted to do so. However Kendig has used all the money in
his contract, so he may not finish.
----------------------
FROM: jdcoakley2000@...
DATE: Fri, 30 Mar 2007 20:39:37 -0700 (PDT)

One of the developers speaking aginst Paul Burke's reappointment was a Ms Trish
Sanderson (sp), Among other things Ms Sanderson stated that Paul Burke voted
against her development called Longfield. This development is in the Uvilla
area. Ms Sanderson stated that her CIS met or exceeded all of the County
Ordinance requirements. One of the things her and other developers accuse Paul
Burke of is not following the ordinances.

Longfield's CIS public hearing was held at the past week's Planning Commission
meeting. I reviewed the tape of the meeting to see who was right.

Section 7.1 of the Subdivision Ordinance contains the following wording:

"The content of a CIS shall be sufficiently detailed to permit an examination of
the scope of a subdivision proposal and to permit an evaluation of the proposal
according to the impact it may be expected to have on the local community."

Section 7.1 (b) under Social Impacts details the content required  needed in
regards to County services. Among the listings is fire service.

During the hearing both Paul Burke and Todd Baldau stated they did not see
anything in the CIS about fire service. There appeared to be other service
references missing as well.

Paul Burke and Todd Baldau voted against the CIS because of these missing
requirements. In other words they followed the ordinance to the letter.

Planning Commissioners Ellen May, Arnold Dailey, Russell Roper and JIm Surkamp
voted for the CIS. In other words, they did not follow the letter of the
ordinance.

The reader can decide who was right and who was wrong. They can also review the
tape as I did.

Joe Coakley

Special to the Associated Press
Charles Town, April 1, 2017




Jefferson County Commission Votes to Dissolve Itself

At a special meeting of the Jefferson County Commission Saturday evening,
the Commission voted unanimously to dissolve itself and the County
Government, effective immediately.  This unprecedented action took place
before an audience of one, local activist Fred Blackmer, who could not
immediately be reached for comment.

Appearing before the County Commission, Planning Commission President Paul
Burke proposed the dissolution, and said it enjoyed the whole-hearted
support of noted local political operative Joe Coakley.  "It appears to
me," Burke said, "that since there is no longer any land remaining in the
unincorporated territory of the County, there is no further reason for the
County Commission to continue.  We have achieved our goal of zero growth in
the County, and it is time to move on to other pursuits," he said.

Commissioner Jim Surkamp moved that the County's real property and other
assets be transferred to the Shepherdstown Battlefield Preservation
Association, to help finance its legal battle with the city of
Ranson.  Ranson recently annexed the property in question, the last parcel
of County land remaining outside municipal boundaries.  Asked to outline
the rationale for the annexation, Ranson Mayor David Hamill explained that
telephone lines from Frontier's central office in Ranson connect the land
to the city, thereby providing the necessary legal basis.

Charles Town Mayor Peggy Smith expressed approval of the Commission's
action, particularly because of what it will save in the county portion of
property taxes, but asked "What will become of the County's revenue from
the Charles Town Races, Slots, Table Games, Country Music and Roller
Derby?"  Commission President Frances Morgan explained that each County
employee dismissed as a result of the move would be paid two years' accrued
vacation time and one year's accrued sick leave, but refused to disclose
exactly how the amounts due would be calculated.  "We believe," she said,
"that it is legal and proper to commit our lottery revenue to this purpose,
and to put any surplus into a continuing fund to cover costs arising over
the next 10 years from litigation filed before the dissolution."

County Prosecuting Attorney Mike Thompson commented after the decision,
"Nobody consulted me.  It's all illegal anyway."

Neighbors,
Impending votes against Paul Burke's continuing
on the Planning Commission dishearten me.
Am disappointed that County Commissioners
have forgotten why they were elected, viz. to
combat the Rockvillification of our whole county.
F.E. Fischer

---------- Original Message ----------------------------------
From: Joe Coakley <jdcoakley2000@...>
Date:  Fri, 30 Mar 2007 05:44:11 -0700 (PDT)

>The terms of three Planning Commissions are about to end. All three of the
incumbent commissioners have asked to be reappointed. These Commissioners are;
Paul Burke, Ellen May and Russell Roper. An additional 8-9 citizens have
submitted applications for these positions. The County Commission (CC)
interviewed most of these applicants today. The actual selection of appointees
will occur at next week's CC meeting.
>
>  I have just finished reviewing part one and a short segment of part 2 of
today's County Commission meeting.
>
>  During the Public Comment segment four (4) developers spoke against Paul
Burke's reappointment. In addition, Fred Blackmer, representing JCCEP, spoke
against Paul Burke's reappointment during his scheduled appointment.
>
>  It is likely that only Commissioner Corliss will support Paul Burke's
reappointment. It is obvious that Commissioner Manuel will vote against him. By
her demeanor, while interviewing Paul Burke, it is also likely that Commissioner
Frances Morgan will not vote for him. Commissioner Rusty Morgan is evidently
receiving a lot of outside pressure to also vote against Paul Burke.
>
>  Don't be fooled by all of efforts against Paul Burke. This is not about Paul
Burke, it is about control of the County. The Todd Baldau situation confirms
that scenario! If the sitting Commissioners cave in to the developers this time,
developers will continue to go after any Planning Commission member who dares to
vote no on any development.
>
>  Don't even be fooled by all of the talk about "economic development". The
only "economic development" developers care about is the kind that lines their
pockets!
>
>  Joe Coakley
>----------------------------
>>From Paul Burke:
>
>Jim Surkamp told me he'll vote against me. He's said a major reason is my
critique of the consultant Lane Kendig's draft ordinances. Virtually everyone
who's looked at the drafts finds them unworkably complex. The full Planning
Commission criticized them and the full County Commission has spent many hours
so far making line by line corrections.
http://www.listeners.homestead.com/files/buildout.htm shows where Kendig's draft
rules would permit 300,000 people in this county even if only 70% of Kendig's
proposed densities were built, and including all the open space Kendig proposes
to conserve.
>
>I've worked 34 years in the field and know no one (even a consultant!) has all
the answers. The new planner being hired can spend significant time on these
issues, and I'd love to see other people make alternate proposals for growth, so
we have a range of options to discuss. I have, and am pleased the County
Commission asked the Planning Commission if my draft should be sent to Kendig
for comment, and the PC voted to do so. However Kendig has used all the money in
his contract, so he may not finish.
>----------------------
>FROM: jdcoakley2000@...
>DATE: Fri, 30 Mar 2007 20:39:37 -0700 (PDT)
>
>One of the developers speaking aginst Paul Burke's reappointment was a Ms Trish
Sanderson (sp), Among other things Ms Sanderson stated that Paul Burke voted
against her development called Longfield. This development is in the Uvilla
area. Ms Sanderson stated that her CIS met or exceeded all of the County
Ordinance requirements. One of the things her and other developers accuse Paul
Burke of is not following the ordinances.
>
>Longfield's CIS public hearing was held at the past week's Planning Commission
meeting. I reviewed the tape of the meeting to see who was right.
>
>Section 7.1 of the Subdivision Ordinance contains the following wording:
>
>"The content of a CIS shall be sufficiently detailed to permit an examination
of the scope of a subdivision proposal and to permit an evaluation of the
proposal according to the impact it may be expected to have on the local
community."
>
>Section 7.1 (b) under Social Impacts details the content required  needed in
regards to County services. Among the listings is fire service.
>
>During the hearing both Paul Burke and Todd Baldau stated they did not see
anything in the CIS about fire service. There appeared to be other service
references missing as well.
>
>Paul Burke and Todd Baldau voted against the CIS because of these missing
requirements. In other words they followed the ordinance to the letter.
>
>Planning Commissioners Ellen May, Arnold Dailey, Russell Roper and JIm Surkamp
voted for the CIS. In other words, they did not follow the letter of the
ordinance.
>
>The reader can decide who was right and who was wrong. They can also review the
tape as I did.
>
>Joe Coakley
>
>





_______________________________________________________________________________
Sent via the Shepherd University Student WebMail system http://www.shepherd.edu

from moderator:
The County Commission will consider barking dogs 10am Thursday morning in
their meeting in the courthouse
------------------------
From: "rich schaffer" <kdragt@...>
Date: Wed Mar 21, 2007 1:29 pm

how can they fight the dogs and not the open-pipe Harley Davidson's?
---------------------
From: "Saumboys" <saumboys@...>
Date: Wed Mar 21, 2007 6:58 pm

To piggy back on Pete’s second point~

My question to the complainant is: Have you talked to you neighbor? I
don’t recall reading that in your original posting.

Rational discussion amoungst neighbors in a neighborly manner gets all
kinds of issues sorted without resulting in more laws to overburden an
overburdened system. There just are more important things to focus on.

Thanks!!
Lillian

"Act as if everything you think, say and do determines your entire life -
because in reality, it does!"  ~~ Laurelle Adrian, Author

From: "Barbara A. Humes" <bhumes1@...>
Date: Sun Apr 1, 2007 6:30 pm

I am appalled at the villification and mud-slinging that the local
news media, developers, and local officials have aimed at Paul Burke,
president of the Jefferson County Planning Commission.  He knows more
about local ordinances than most anyone else, and he has seen first
hand how the Lords of Mindless Sprawl  have worked their magic on
this county to give us crowded schools, crowded roadways, ruined
farmland, and a lower quality of life.  He's not really a no-
growther, but, yes, he thinks outside the box so it would appear to
many that his opposition to foolish development is that of a no-
growther.  Developers, activists, and local officials would do well
to work with each other and to pay attention to some of Burke's
legitimate concerns, rather than to take personal umbrage.  My
observation is that he runs an excellent meeting, is well prepared,
is solicitous of public input, has made improvements to the wording
of planning commission legal notices published in the newspaper, is
clear in his comments about proposals before the Planning Commission,
and can back up his statements.  If he's not reappointed to the
Planning Commission, how will Jefferson County be any less swamped
than it was before he was appointed?   Paul Burke is the wrong target
for the public's ire.

Barbara Humes
---------------------
From: Joe Coakley <jdcoakley2000@...>
Date: Sun Apr 1, 2007 11:46 pm

In regards to Kendig’s Article 4 Procedures and Administration.

I reviewed 8A and compared it to Kendig’s rewrites. I was somewhat
confused at Kendig’s audacity but, not surprised by it.

His Section 4 starts with the following statement:

"The review and approval of subdivisions and land developments is a
ministerial action in which the Planning Commission has no discretion
………….."

"§8A-5-1. Jurisdiction of planning commissions.

(a) A planning commission has the authority to:

(1) Approve a minor subdivision or land development application within
its jurisdiction;
(2)
(3) Approve a major subdivision or land development application within
its jurisdiction.

(a) The staff of a planning commission has the authority to approve a
minor subdivision or land development within its jurisdiction, IF GRANTED
SUCH AUTHORITY BY THE GOVERNING BODY IN THE SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE."

Note: caps are mine!

Nowhere in 8A does it say that staff can approve a major subdivision,
with or without authority! No where in 8A is the word ministerial used!

There are many other areas in Section 4 where Kendig, in essence,
illegally modifies sections of §8A. For instance, the Appeals section and
the Approval Process section.

I will cover these more extensively in a later e-mail.

Joe Coakley
-----------------------
From: Pete Smith <n4zr@...>
Cc: croc_wv@yahoogroups.com
Date: Mon Apr 2, 2007 7:51 am

Joe, use of the word "ministerial" has nothing to do with staff.  It
simply
means that the Planning Commission does not have the authority to
substitute its independent judgment for the requirements of the law
and/or
the competent authority in the case of public facilities, such as
roads.  Here's a concise definition from a California county planning
commission:

"'Ministerial' describes a governmental decision involving little or no
subjective judgment or discretion as to the wisdom or manner of carrying
out the project. A ministerial decision involves only the use of fixed
standards or objective measurements."

Those with long memories will recall that in his very first appearance
before the Planning Commission, Paul Burke advanced the theory that the
broad authorizing language of the OLD statute about looking out for the
public good and protecting safety and health trumped any specifics
further
back in the ordinance.  It pains me to think that 10 years later, you and
he are still promoting this mistaken concept.

The new 8A was largely written by the attorneys of land developers.  Do
you
really think they would have departed from this principle to make it
easier
for anti-growth members of the PC to throw up roadblocks to approval of
their projects?

Pete Smith
----------------------
From Paul Burke:

The power of the authorizing language was confirmed by the local court
and never challenged in the supreme court. It no longer applies, under
the new state law, so my votes on the Planning Commission are based on
the literal ordinance, as Joe said at the end of
http://groups.yahoo.com/group/listener/message/2409

From: Latterell <latterell@...>
Date: Mon, 26 Mar 2007 20:40:55 -0400

Jefferson County Watersheds Coalition

The Nineteenth Annual Potomac River Watershed Cleanup has been scheduled
for

Saturday, April 7, 2007.  This event is coordinated locally by the
Jefferson County Watersheds Coalition.  Our objective is to collect and
remove all trash from the West Virginia shore and floodplain of the
Potomac River from Rumsey Bridge downstream to Rattlesnake Run.  Please
join us at 8:30 AM in the Shepherd University parking lot at the
intersection of Princess and High Streets in Shepherdstown (diagonal from
the Blue Moon Cafe).  There we will form teams, dispense work gloves and
trash bags, and move out to the River to pick up trash from 9:00 to 12:00
noon.

Don't miss this great opportunity to give something back to your
community, state and region.  See you there!

Rain date will be the same time and place, April 14.

Questions, Call Dick Latterell (876-6072) or <latterell@...>
----------------------------
From: mark_madison@...
Date: Wed, 4 Apr 2007 11:32:33 -0400

Press Release
On Thursday April 12 at 7:00 pm Leonard Gianessi of the CropLife
Foundation
will  present  War  of  the  Weeds  in  the Byrd Auditorium at the
National
Conservation Training Center (NCTC) in Shepherdstown, WV.

Nearly  all  the  acres  of  farmland in the U.S. are sprayed with
chemical
herbicides  every  year  to  prevent weeds from overwhelming crops.
Leonard
Gianessi,  Director of the Crop Protection Research Institute, has
prepared
a  40-minute  slideshow  (War  of the Weeds) that discusses the benefits
of
using   herbicides  to  control  weeds  on  the  nation’s  cropland.
This
presentation  includes  extensive  documentation of historical weed
control
practices  (before  herbicides)  and  the weed control practices of
organic
growers  (who  do  not  use herbicides). Leonard concludes the talk with
an
estimate  of  how  many workers would be needed in the field to
effectively
replace  herbicides.   Appropriate  for  all  audiences,  this
educational
seminar  provides  an  overview  of  weeds and herbicide basics.  This
talk
promises to be controversial and thought-provoking.

Leonard Gianessi was born and raised in East Peoria, Illinois.  He
attended
George  Washington  University where he earned a Bachelor of Arts in
Public
Affairs.   For the past thirty years, Leonard has held research and
program
management   positions   with   non-profit,  non-advocacy  think  tanks
in
Washington,  DC,  including  the  National Bureau of Economic Research,
The
Urban Institute, Resources for the Future, and the National Center for
Food
and  Agricultural  Policy.   Leonard has also worked as a consultant to
the
OECD.   For  the  past 15 years, Leonard’s research has focused on the
uses
and benefits of agricultural pesticides in the United States and around
the
world.   Mr.  Gianessi  has  testified  several  times before
congressional
committees, conducted numerous seminars for the EPA, and made more than
150
presentations   at  scientific  conferences,  university  symposia,
grower
meetings,  and  public policy forums.  In 2004, Leonard was named the
first
Director  of the Crop Protection Research Institute, a research unit of
the
CropLife Foundation.  Leonard’s research projects are supported
financially
by federal agencies and private industry.

The   presentation  is  free  and  open  to  the  public.   No  tickets
or
reservations  are  required.  This series is co-sponsored by The Friends
of
the   NCTC.    For   more   information   on   the   series  please
visit:
http://training.fws.gov/history/publiclectures.html
or contact Mark Madison (Mark_Madison@...; 304 876-7276).

Mark Madison, Ph.D.
-------------------------
from moderator:
I agree with Mark this is controversial; Listener has in the past
announced talks about organic farming. So please don't fill up my email with
arguments for & against organics. Take them to the talk.

From: pubafricanus@...
Date: Wed, 4 Apr 2007 08:22:20 -0700 (PDT)

I can think of no reason to re-appoint Paul Burke to the Jefferson
County Planning Commission, except that he wants to be.

By not reappointing Mr. Burke, the County Commission is finally breaking
from the tradition of reappointing members of boards and commission
regardless of their competence or willingness to attend meetings.

Mr. Burke’s original appointment to the Planning Commission was, of
course, part of a fiendishly successful plot by the advocates for
unbridled growth. In one fell swoop, the developers silenced his
technical expertise, eliminated his participation in private legal
actions, and made his consultation with citizen groups illegal. His
emasculation was complete when he was selected as chair of the Planning
Commission where he could make no motions and was severely restricted in
participating in official commission discussions.

I say, Free Paul Burke. Do not be fooled by the public opposition of Ken
Lowe and other developers–secretly they want Burke back on the Planning
Commission. Do not let the developers and their allies on the County
Commission reappoint him to this meaningless position.

I say call the County Commission today and demand that they appoint
members to the Planning Commission whose expertise is so limited and
civic contributions so small that they will not be missed during their
term of office. It is the only way to upset the plans of the developers
and to return Paul Burke to his natural environment.

If we are successful in this endeavor we can then say in the words of
the old African spiritual, “free at last, free at last, thank the Lord
God
Almighty”, Paul Burke is free at last.

Publius Africanus
-------------------------
From: "F. Ethan Fischer" <ffischer@...>
Date: Tue, 03 Apr 2007 19:16:19 -0400

Humes has it right here.  Kendig, being
merely one consultant, should be paid
& paid heed to, but what K's not seeing
should be noted by Burke freely, unafraid.
If our county becomes nothing but houses,
then "growth" means what greed espouses.
--------------------------
From: MacGP@...
Date: Wed, 4 Apr 2007 07:27:07 EDT

I agree with B Hume's comments.  Paul is not "no-growth" rather he
desires smart and informed growth.  It certainly makes no sense to select
only people the developers want!!!  Carl Tribble, Jr.

From: Latterell <latterell@...>
Date: Thu Apr 5, 2007 11:20 pm

To All Volunteers for the Annual Potomac River Cleanup:

Considering the forecast for unpleasant weather on Saturday, April 7, the
Cleanup has been postponed until the advertised Rain Date, Saturday April
14. Instructions re time and place remain the same.

Hope to see you all there on a warmer day!!

Dick Latterell (876-6072)

For those who might not have seen the original announcement --

Jefferson County Watersheds Coalition
The Nineteenth Annual Potomac River Watershed Cleanup has been scheduled
for Saturday, April 7, 2007.  This event is coordinated locally by the
Jefferson County Watersheds Coalition.  Our objective is to collect and
remove all trash from the West Virginia shore and floodplain of the
Potomac River from Rumsey Bridge downstream to Rattlesnake Run.  Please
join us at 8:30 AM in the Shepherd University parking lot at the
intersection of Princess and High Streets in Shepherdstown (diagonal from
the Blue Moon Cafe).  There we will form teams, dispense work gloves and
trash bags, and move out to the River to pick up trash from 9:00 to 12:00
noon.
Don't miss this great opportunity to give something back to your
community, state and region.  See you there!
Rain date will be the same time and place, April 14.

Questions, Call Dick Latterell (876-6072) or <latterell@...>
------------------------
FROM: jdcoakley2000@...
DATE: Wed, 4 Apr 2007 17:08:51 -0700 (PDT)

I rec'd this from the B&O yahoo group and hadn't seen it advertised
locally yet.

   Joe Coakley

"rob brzost....." <trainmasterrob@...> wrote:
   To: trainmasterrob@...
From: "rob brzost....." <trainmasterrob@...>
Date: Mon, 2 Apr 2007 17:52:11 -0700 (PDT)
Subject: [Baltimore_and_Ohio] INVITE for Harpers Ferry Station Dedication

         All is welcomed to attend the ribbon cutting ceremony
for the newly renovated Harpers Ferry Train Station.
Saturday, April 28, 2007.
11:00am

Please park at the main visitor center and take the
shuttle to the Train Station.
The shuttle will run from 10:00 to 10:50 am before the
opening.
Return shuttles will resume at 12:00.

Entrance fees will not be charged to those attending
the opening.

From: Cmasonwhf@...
Date: Fri, 6 Apr 2007 11:52:09 EDT

Fellow Listeners:

Given that the cleanup has been canceled due to Harold Arlen's weather
forecast, why don't all you folks that have the afternoon free drop by
the basement meeting room in the Old Charles Town Library and listen to
Mr. John Allen, Chairman of the county's Historic Landmarks Commission,
report on the results of the recent historic resources survey (see
announcement below).  Or, if you wish to stay home,  feel free to pay a
virtual visit to the Jefferson County Historical Society, at
http://www.jeffersonhistoricalwv.org/  , and sign up for an annual or
life time membership.  Hope to see you tomorrow!

Curt Mason, Communications Coordinator, JCHS.
Jefferson  County  Historical  Society

SPRING MEETING
MR. JOHN ALLEN PRESENTS RESULTS OF COUNTY HISTORIC RESOURCES SURVEY

At 2 p.m. Saturday April 7, the Jefferson County Historical Society will
hold its Spring Meeting in the downstairs meeting room of the Old Charles
Town Library, at the corner of Samuel & Washington Streets in Charles
Town (Samuel Street entrance).  The public is invited to attend.  There
is no charge for admission.

John Allen, Chairman of the Jefferson County Historic Landmarks
Commission, will be the guest speaker.  He will present the results of
the Historic Resources Survey which the Landmarks Commission has been
conducting for the last three years.  The survey has identified all
historic buildings and sites in Jefferson County, including houses,
barns, schools, churches, mills and other historic resources.

The Landmarks Commission has produced a map locating all of the historic
sites and structures identified during the survey work. Allen will show
this map and demonstrate the accompanying database, where information
about each resource is stored. Funding for the survey was obtained from
the Jefferson County Commission, the West Virginia State Historic
Preservation Office, and the Jefferson County Historical Society.

Membership forms will be available for those wishing to pay the nominal
fee of $15 for an annual family membership that will include a free copy
of the Society’s annual report published in December and a year’s
subscription to The Guardian, the Society’s quarterly newsletter.
Lifetime memberships will also be available at a cost of $150.

Please visit the Society's web site at www.jeffersonhistoricalwv.org for
more information about the Society, the County's history, and its
historical resources.
-------------------------------
FROM: Dkdonohue@...
DATE: Fri, 06 Apr 2007 10:31:11 -0400

Dear Moderator,

Please post for all Jefferson County Residents to see.

Thank you

V/R

Dave Donohue

The Shepherdstown Fire Department will be hosting a second evening of
magic and comedy April 7th begining at 6 p.m, to raise funds for the
department.  The evening includes food and drink which are included in
the price of the ticket (with beer and wine available for a donation).
Table magic will be performed by magician Eric McDonald followed by a
floor show at 7 p.m.  After being amazed by Eric's exciting and fast
paced style of magic, comedian Andy Vastola.  Mr. Vastola's brand of
comedy is based on observations of everyday events. He has delighted
audiences along the east coast and has appeared on Late Night with David
Letterman and at the Long Island Comedy Festival.

Tickets are available for $25 in advance and $30 at the door from the
Shepherdstown Fire Department and can be reserve by calling 876-2311.
-------------------------
Fri 4/13 7:30pm

Annual Poetry Fundraiser
Friends of the Shepherdstown Library
202 s Princess St (Casa Carlos)
Left of the Bank
music, poetry, coffee, wine, sweets, savories
Buy $35 tickets at the Library 876-2783
-----------------------------
From: Latterell <latterell@...>
Date: Thu Apr 5, 2007 11:20 pm

To All Volunteers for the Annual Potomac River Cleanup:

Considering the forecast for unpleasant weather on Saturday, April 7, the
Cleanup has been postponed until the advertised Rain Date, Saturday April
14. Instructions re time and place remain the same.

Hope to see you all there on a warmer day!!

Dick Latterell (876-6072)

For those who might not have seen the original announcement --

Jefferson County Watersheds Coalition
The Nineteenth Annual Potomac River Watershed Cleanup has been scheduled
for Saturday, April 7, 2007. This event is coordinated locally by the
Jefferson County Watersheds Coalition. Our objective is to collect and
remove all trash from the West Virginia shore and floodplain of the
Potomac River from Rumsey Bridge downstream to Rattlesnake Run. Please
join us at 8:30 AM in the Shepherd University parking lot at the
intersection of Princess and High Streets in Shepherdstown (diagonal from
the Blue Moon Cafe). There we will form teams, dispense work gloves and
trash bags, and move out to the River to pick up trash from 9:00 to 12:00
noon.
Don't miss this great opportunity to give something back to your
community, state and region. See you there!
Rain date will be the same time and place, April 14.

Questions, Call Dick Latterell (876-6072) or <latterell@...>
------------------------
FROM: jdcoakley2000@...
DATE: Wed, 4 Apr 2007 17:08:51 -0700 (PDT)

I rec'd this from the B&O yahoo group and hadn't seen it advertised
locally yet.

Joe Coakley

All is welcomed to attend the ribbon cutting ceremony
for the newly renovated Harpers Ferry Train Station.
Saturday, April 28, 2007.
11:00am

Please park at the main visitor center and take the
shuttle to the Train Station.
The shuttle will run from 10:00 to 10:50 am before the
opening.
Return shuttles will resume at 12:00.

Entrance fees will not be charged to those attending
the opening.

From: "Robert Gillette" <rgillette@...>
Date: Tue Apr 3, 2007 4:48 pm

Seriously, the County Commission needs to get involved in the question of
barking dogs? We are going to end up with No Barking Area signs.
------------------------------------
FROM: sherridn@...
DATE: Tue, 10 Apr 2007 17:31:38 EDT

to moderator: please post text below *** in response to Message 2413
about Harleys
******************************

I don't like excessively loud motorcycles either. I believe they're
covered under Jefferson County's existing noise ordinance in Section 2
Part IV. The decibel level can't be 65 or more at the property line.

You can view this ordinance by going to this link and clicking on the
noise ordinance link further down the page:
http://www.jeffersoncountywv.org/ORDinfo.html

There's a lot of unnecessary noise in this society. At this time, I
choose to pursue nuisance barking. That doesn't mean I think other
sources of noise are more or less important. One issue is just all I can
personally handle at a time. I invite all concerned citizens to take up
the issues they feel strongly about.
------------------------------------
FROM: sherridn@...
DATE: Tue, 10 Apr 2007 17:33:10 EDT

to moderator: please post text below *** in response to Message 2413
about talking to neighbors
******************************

Yes, Lillian. We did talk to the neighbors, several times. I'd rather not
go into details about that on a public forum, but suffice it to say that
communication efforts have failed. (It's hard to communicate about a dog
that's been barking for hours nonstop in the middle of the night when
neighbors respond by hanging up on you.) Other people I've spoken with
have had efforts at communication with their own neighbors responded to
with rude hand gestures and insults that are not fit to print here.

Communication fails in a lot of cases because investigating the causes of
nuisance barking and taking measures to fix it involves some initial time
and effort on the part of the dog owner. While being a good neighbor is
enough incentive for some people to make the effort and fix the problem,
sadly, it is not enough for many.

I firmly believe disputes about nuisance barking should always begin with
talking to the neighbor and trying to work it out. When negotiations
fail, however, a law is needed to give the dog owner the incentive and
motivation that is needed to cooperate. It also gives the complainant
some backing.

If the law is passed, it would be helpful to also provide some
educational material -- 1) material on how to train dogs not to nuisance
bark for the dog owners and 2) material for complainants (who also may be
pet owners themselves) on how to best initiate discussion with their
neighbors in the most friendly, effective way possible.

Here's a handy flier for solving barking problems:
www.awsjc.org/docs/Barking Problems.pdf

I realize enforcement is an issue here. A rapidly growing county like
this one has growing pains in many areas, including this one.  I'm sure
if everyone made a list prioritizing the needs for enforcement in this
county, each list would be a little different. From your statement, I
gather that nuisance barking does not affect you personally. It's human
nature to feel things that don't affect us personally are not important.
For instance, people who are disabled will be a lot more adamant about
accessibility issues. People without children may not be crazy about
paying school taxes, but some things are for the public good and need to
be done even when they don't affect every single person or to the same
degree.

Barking is a serious noise stressor. The word "stress" is overused,
including deadlines at work and minor annoyances such as having to wait
in line. Some stress, however, is very harmful. Research proves noise
stress, like other types of stress that can't be controlled, is hazardous
to the health. So is resulting sleep deprivation. Resulting health
problems include hypertension, ulcers, decreased immunity, and impaired
driving to name a few. Because the damage from this type of stress is not
as easily seen as an external wound, it tends not to be taken as
seriously as it should.

Much of the enforcement of this law, or at least the initial complaint,
could possibly be handled by Animal Control to free up sheriff deputies
for things like crime. Animal Control gets several calls a day about
nuisance barking dogs and feral cats, and the number of calls increases
each year. I can't speak for them here, but I imagine it must be
frustrating for them to continually get all these calls and not be able
to do anything about them because there's no law.

Enforcement and the need to have a law are two separate issues. Highly
interrelated, to be sure, but different. Laws cover many things that are
hard to enforce. Things like under-age drinking and child abuse go on
behind closed doors all the time, and many never get punished by law
because the perpetrators don't get caught. Does that mean we should take
these laws off the books?

Laws are effective, of course, when they are enforced, but they are also
powerful DETERRENTS. How many people slow down when they see a police car
parked on the side of the road? A lot more than the number of people who
actually got stopped by that officer and given a ticket. By providing
some education with this law, as I explained above, lots of mileage can
be derived from its power as a deterrent, easing the burden of
enforcement. In fact, before a nuisance barking complaint is pursued, the
officer can ask the complainant if he/she first made an effort to
communicate with the neighbor and ask for details about how it went.

When a neighbor is confronted about nuisance barking and says "why should
I do anything? There's no law against it," the complainant can say,
"actually, there is a law and here's a copy of it along with helpful tips
on how to train your dog. I don't want to get the law involved any more
than you do. Can't we work this out ourselves?" If done right, having a
law will enhance and increase neighbor-to-neighbor communication, not
replace it.

The Nineteenth Annual Potomac River Cleanup is ON for the day after tomorrow,
Saturday, April 14, Rain or Shine.

The Nineteenth Annual Potomac River Watershed Cleanup will take place
tomorrow, April 14, the postponed date because of inclement weather
last week.
This event is coordinated locally by the Jefferson County Watersheds
Coalition.
Our objective is to collect and remove all trash from the West
Virginia shore and
flood plain of the Potomac River from Rumsey Bridge downstream to
Rattlesnake Run.
Please join us at 8:30 AM in the Shepherd University parking lot at the
intersection of Princess and High Streets in Shepherdstown (diagonal
from
the Blue Moon Cafe). There we will form teams, dispense work gloves and
trash bags, and move out to the River to pick up trash from 9:00 to
12:00
noon.
Don't miss this great opportunity to give something back to your
community, state and region. See you there!

Questions, Call Dick Latterell (876-6072) or <latterell@...>

HB-2718 was passed authorizing the subject referendum. The introduced version of
this bill was fair to the Counties and Municipalities (within the Counties)
where the tracks are located.

   The version signed by the Govenor is far from fair to these same localities.

   Below are excepts from section 29-22C-27 of both versions. This section deals
with the State dispersion of funds from table games.

   The as introduced version:

   (4) Two percent shall be divided, prorata based on relative adjusted gross
receipts from the counties' racetracks, among the counties where racetracks with
authorized table games are located;
   (5) Two percent shall be divided, prorata based on relative adjusted gross
receipts from the individual licensed racetracks, among municipalities located
within each county where the authorized table games are located. The total
amount under this subdivision shall be allocated pro rata to each municipality
in the county based on its population determined at the most recent United
States decennial census of population: Provided, That, for each allocation, when
a municipality is physically located in two or more counties, only that portion
of its population residing in the county where the authorized table games are
located shall be considered;

   The passed version of the bill:

   (5) Transfer two percent of the adjusted gross receipts from each licensed
racetrack to the governing bodies of municipalities within counties where
racetracks with West Virginia Lottery table games are located, which shall be
allocated as follows:
   (A) One half of the amounts transferred under this subdivision shall be
allocated to the municipalities within each county having a racetrack table
games licensee, based on relative adjusted gross receipts from West Virginia
Lottery table games from those racetracks and the total amount allocated to the
municipalities within a county shall be divided pro-rata among the
municipalities based on each municipality's population determined at the most
recent United States decennial census of population: Provided, That: (i) For
each allocation, when a municipality is physically located in two or more
counties, only that portion of its population residing in the county where the
authorized table games are located shall be considered; (ii) no single
municipality in a county where West Virginia Lottery racetrack table games are
played may receive a total share under this part A that is in excess of
seventy-five percent of the total distribution under this part A for the county
in
  which the municipality is located; and (iii) no municipality receiving monies
under this part A shall receive an amount which is less than that received by a
municipality under provisions of subdivision four, subsection (c) of this
section; and
   (B) One half of the amounts transferred under this subdivision shall be
allocated pro-rata to the municipalities within all the counties having a
racetrack table games licensee based on each municipality's population
determined at the most recent United States decennial census of population:
Provided, That: (i) No municipality which received funds above its pro-rata
share pursuant to subpart (iii) of part A above shall receive an allocation
under this part B; (ii) for each allocation, when a municipality is physically
located in two or more counties, only that portion of its population residing in
the county where the authorized table games are located shall be considered; and
(iii) no single municipality in a county where West Virginia Lottery racetrack
games are played may receive a total share under this part B that is in excess
of twenty-five percent of the total transfers under this part B: Provided,
however, That the county board of education of a growth county, as
  that term is defined in section three, article twenty, chapter seven of this
code, which has enacted the Local Powers Act, and in which county a racetrack is
located that has participated in the West Virginia Thoroughbred Development Fund
since on or before the first day of January, one thousand nine hundred
ninety-one, shall receive the two percent of adjusted gross receipts as provided
in this subdivision for the purpose of capital improvements ;
   (6) Transfer one-half of one percent of the adjusted gross receipts to the
governing bodies of municipalities in which a racetrack table games licensee is
located, which municipalities shall each receive an equal share of the total
amount allocated under this subdivision: Provided, That no distribution under
this subdivision shall be made to any municipality which did not have a licensed
racetrack within its municipal boundaries as they existed on the first day of
January, two thousand seven: Provided, however, That if no racetrack table games
licensee is located within a municipality, no transfer shall be made under this
subdivision; and...........

   (3) Transfer ten percent, to be divided and paid in equal shares, to each
county commission in the state that is not eligible to receive a distribution
under subdivision four, subsection (b) of this section: Provided, That funds
transferred to county commissions under this subdivision shall be used only to
pay regional jail expenses and the costs of infrastructure improvements and
other capital improvements.
   (4) Transfer ten percent, to be divided and paid in equal shares, to the
governing bodies of each municipality in the state that is not eligible to
receive a distribution under subdivisions five and six, subsection (b) of this
section: Provided, That funds transferred to municipalities under this
subdivision shall be used only to pay for debt reduction in municipal police and
fire pension funds and the costs of infrastructure improvements and other
capital improvements.

   I could really use some enlighenment here!

   It appears to me that under the passed version Jefferson County government
would receive zero dollars. Jefferson's one percent goes to the schools. The
muncipalities within Jefferson County will receive 1% doled out by population.

   Pay special attention to sections (3) and (4) above. The way I read that is
Berkeley County (and all other Counties not having a track) will split 10% of
the funds. Likewise Martinsburg and all other Municipalities.

   If these numbers are correct, there is no way I would vote for such a
disparity!!!

   Joe Coakley

All:

Great news !

On Friday April 13, 2007, West Virginia Public Service Commission Deputy Chief
Administrative Law Judge Ronnie Z. McCann issued a "Recommended Decision"
granting hauling rights to Allied/ BFI Waste Services to operate as a common
carrier in the transportation of solid waste in commercial service in Berkeley
and Jefferson Counties.

Allied/BFI's application was originally filed on July 19, 2005. Five days of
testimony was conducted in 2006 on the matter in both Martinsburg and
Charleston.

I would like to point out that this application applies to the commercial waste
hauling and recycling service ---  that we historically associate with WMI. The
decision does not impact the single family home residential service ---- that we
associate with Apple Valley Waste.

The 83 page "recommended decision" becomes a "final decision" in 30 days ----
unless appealed ---- and requires Allied/BFI to start providing service in 6
months. WMI was granted intervener status in the case and vigorously opposed the
issuance of the Allied/BFI permit. In my opinion, it is reasonable to expect an
appeal. But, nonetheless, this is a remarkable GIANT step in the right direction
of developing the solid waste infrastructure to include multiple meaningful
haulers and recyclers.

The BCSWA has a lot of folks to thank for the years of assistance in this
endeavor. I would like to take a moment to mention those who personally
testified in favor of another meaningful hauler. Those include Delegate Bob
Tabb, Delegate Craig Blair, Delegate Walter Duke, Berkeley County Commissioner
Steve Teufel, Jefferson County Commissioner Jim Surkamp, Jefferson County SWA
Chairman Jim McGowen, Berkeley County SWA Vice Chairman Edgar Mason, former
Jefferson County SWA Chairman Terry Courtwright, Susan Erwin, Blair Hess, Vernon
Cornwell, Kimberly Lanager, Sheila McArtor, Donald Neukam, Thomas Rowsey,
Michael Hood and Antoinette Yates.

There are several meaningful parts to Judge McCann's decision. One of my
favorite is on page 81, where he   wrote (# 3) "WM has artificially created or
contributed to a solid waste disposal crisis beginning in 2004 ......."

Sincerely,

Clint Hogbin
Chairman
BCSWA
----------------------------
from moderator:
The 4/13/07 recommended decision in case 05-1055-MC-C is at
http://www.psc.state.wv.us/imaged_files/orders/2007_04/ord20070413163554.pdf

The April meeting of the Jefferson County Watersheds Coalition will
feature a presentation on Green Infrastructure by Michael Schwartz of
The Freshwater Institute.  The meeting will convene at 7:30 PM at the
Byrd/Science Center of Shepherd University. The number of the meeting
room will be posted at entrances.

All are welcome to attend.

Dick Latterell  (876-6072)

Michael Schwartz of The Freshwater Institute will present a talk with
maps on Green Infrastructure tonight,  Tuesday, April 17 at 7:30 at
the Byrd/Snyder Science Hall, Shepherd University. Room number will
be posted at all entrances.  This is a special presentation by the
Jefferson County Watersheds Coalition.
Dick Latterell (876-6072)

From moderator:
The County Commission approved Poll Workers on a 3-2 vote (No: Frances & Dale).
Workers' names are at http://groups.yahoo.com/group/j-a/message/101
----------------------------
June 9, 2007 Special Election Time-line

SUBMITTED BY JENNIFER MAGHAN, COUNTY CLERK
April 19, 2007 AT THE REGULAR SESSION OF THE COUNTY COMMISSION

Note: There are dates that marked TBA.  An updated version will be
delivered for the April 26, 2007 Commission Meeting

APRIL
16 APRIL  Deadline for Executive Committees to submit list of approved Poll
workers for Special election on June 9th

19 APRIL  Presentation of Poll worker lists to County Commission for
approval

24 APRIL  WV SOS SPECIAL PROCEDURAL AUDIT OF COUNTY ELECTIONS DIVISION

25 APRIL  Deadline for ballot Approval by Ballot Commissioners 10am

30 APRIL  10:00 am Poll Worker Training

MAY
2 MAY    6:30 pm Poll worker Training

7 MAY   10:00 am Poll Worker Training

9 MAY    6:30 pm Poll worker Training

10 MAY  LAST MEETING IN COUNTY COMMISSION ROOM

11 MAY  10:00 am Poll Worker Training

14-16 May Prep-Commission Room for Early Voting – WEBCAMS FOR BALLOT
SECURITY ON TODAY

17 MAY  LAST DAY TO REGISTER TO VOTE

18 MAY   EARLY VOTING BEGINS

21 MAY   1st Publication of Sample Ballot in Spirit and Chronicle

27 MAY    2nd Publication of Sample Ballot in Spirit and Chronicle

28 MAY  COUNTY OFFICES CLOSED IN OBSERVANCE OF  MEMORIAL DAY

   TBA MAY  Absentee Ballots Applications Available TBA

JUNE
6 JUNE EARLY VOTING ENDS

6 JUNE  Courthouse Teams- Procedures for Election Night Training 6:00 pm

9 JUNE –COUNTY POLLING PRECINCTS OPEN FOR VOTING 6:30 AM VOTING ENDS
AT 7:30 PM

15 JUNE  Canvass of Special Election -10:00 am in the Jefferson County
Commission Room

Early Voting Dates and Times

Early voting will be available at the Jefferson County Courthouse, 100
East Washington Street on the following days:

Friday, May 18, 2007 through Wednesday, June 6, 2007 from 9:00 a.m.
until 5:00 p.m.

There will be NO SATURDAY EARLY VOTING for the special election.

There will be no early voting on Monday, May 28, 2007 as the Court House
will be closed in observance of Memorial Day

Last day to register to vote for the special election is May 17, 2007

The Jefferson County Democratic Association will hold its monthly
meeting on Thursday, April 26 at 7:30 p.m. in the basement of the
Charles Town Library.

The evening will begin with a special presentation from Ed Smith,
Operations Manager for the Jefferson County Ambulance Authority.  He
will discuss current and future fire and emergency medical service
needs in Jefferson County, as well as policy and budgetary challenges
for the department.  The event is open to the public.

JCDA will hold a brief business meeting following the presentation from
Mr. Smith.  For more information, contact JCDA President Rod Snyder at
rodsnyder2004@... or (304) 728-8187.

# # #

A new farmers market opens tomorrow, Saturday, 9-12 in the Bank of Charles Town
parking lot downtown.

This is in addition to the Thursday Farmers Market on 340 and the Shepherdstown
Farmers Markets

For a fuller list, see http://www.listener.homestead.com/files/farm.htm and let
me know if it needs updates

From moderator:

The following respond to Coakley's interpretation of how much money will
come to the county
http://groups.yahoo.com/group/listener/message/2421
I've asked the track for their interpretation, and they'll answer in due
course.
-----------------------
From: "Sharon Pennington" <sharonp25425@...>
Date: Fri Apr 13, 2007 7:43 pm

I will be voting NO to tables.  All Jefferson County is going to get is
MORE
traffic.  We cannot handle the traffic now.  What are they going to do,
add
ANOTHER stoplight?

What I am reading here is certainly not what was in the paper!!
------------------------------
From: Pete Smith <n4zr@...>
Date: Tue Apr 17, 2007 8:18 am

Seems to me the outlines are pretty clear - the track wants the
referendum
as soon as possible, because their polling indicates broad support for
approval - the less time the opposition has to argue the case, the less
likely they are to change minds.  Hence Doyle's position in favor of a
delay.

Meanwhile, Coakley and Doyle complain that the deal given Jefferson
County
in the new law is not good enough.  I'm prepared to acknowledge that it
would have been better if the law were closer to the original draft, but
is
there anyone here who doesn't recognize that horse-trading in Charleston
is
essential to getting any law passed, and that our voices in that are
roughly proportionate to our numbers -- 3/55.

I don't think that Coakley is correct in concluding that the law provides
no money for county commissions.  As I read it, subsection 4, which he
did
not quote in his message, allocates 1 percent of adjusted gross receipts
to
the counties with racetracks, and 1 percent (of AGR) to the school board
in
Jefferson County only.  In other words, I believe the school money is in
addition to, not in lieu of, the money provided to the county commission.

Here's the text:

"(4) Transfer one percent of the adjusted gross receipts from each
licensed
racetrack to the county commissions of the counties where racetracks with
West Virginia Lottery table games are located. The one percent
transferred
under this subdivision shall be divided pro rata among the counties with
a
racetrack with West Virginia Lottery table games based on relative
adjusted
gross receipts from each county's racetrack: Provided, That the county
board of education of a growth county, as that term is defined in section
three, article twenty, chapter seven of this code, which has enacted the
Local Powers Act, and in which county a racetrack is located that has
participated in the West Virginia Thoroughbred Development Fund since on
or
before the first day of January, one thousand nine hundred ninety-one,
shall receive one percent of adjusted gross receipts as provided in this
subdivision for the purpose of capital improvements"


What hasn't been adequately clarified is how we would derive any leverage
in Charleston from voting down table games on June 9.  If the other three
venues pass them, but we turn them down, will that impel Penn National to
go to Charleston and ask the legislature to give us a better deal?

One thing more - the turnout in special elections is historically very
low.  That raises the very real possibility of an outcome that would not
be
the same as if the same question were put to voters as part of a regular
biennial election.  Motivated interest groups are quite capable of
running
away with a special election, simply by mobilizing a thousand votes or
so.  If I were Penn National, I think I would be less than sanguine.

Pete Smith

Tue May 1, 7pm: Hear Charles Town Council candidates.

The Jefferson County NAACP will sponsor a forum for the candidates that
are running for a seat on the Charles Town Council. The forum will be on
at the St. Philip's Episcopal Parish all at 410 South Lawrence Street in
Charles Town (SW of Wright Denny School). Each candidate will be given
the opportunity to present their platform; then they will be subject to
questions from the audience.

Early voting begins Fri May 4th, 2007 and ends on Mon May 21st, 2005 5:00
p.m. at City Hall

General Election on Thu May 24, 2007 with polls opening at 6:30 a.m. and
closing at 7:30 p.m at Visitors' Center, Rouss Hall, behind Shu Chen
-------------------------------
Wed 5/9 noon: Lunch Discussion with Charles Town Races+Slots about the
June 9 referendum on Table Games.

Open to the public, order lunch from the menu, at Towne House restaurant,
549 E Washington St, Charles Town. Sponsored by active & retired federal
employees

Last day to register to vote for the special election is May 17, 2007

Early voting will be available at the Courthouse, 100 East Washington
Street on
Fri 5/18-Wed 6/6 from 9am-5pm, except Memorial day 5/28.

NO SATURDAY EARLY VOTING for the special election, since the election
itself is Saturday

9 JUNE –COUNTY POLLING PRECINCTS OPEN FOR VOTING 6:30 AM. VOTING ENDS AT
7:30 PM

15 JUNE Canvass of Special Election 10:00 am in the Courthouse
--------------------------------
From: "Daniel Chiotos" <daniel.chiotos@...>
Date: Wed, 25 Apr 2007 15:08:39 -0400

Mountaineers on the Move
Support W.V.-ians Defending Rights and Health: Local Fundraiser
Sat. April 28th, 7:00 PM in Shenandoah Junction

    Mingo County and the rest of Southern WV is being hit hard by
mountaintop removal coal mining and other irresponsible coal company
practices that value profits over life.  For far too long coal companies
have had undue influence on our state government to pass laws allowing
abuse of the people and land.  Many residents of the Southern WV
mountains are standing up and acting to defend their homes and families.
They have and are lobbying both their state and federal representatives,
but it is time for their voices to be heard on an international stage.
This fundraiser is being organized to support a delegation of mountain
residents who are testifying at the United Nation's Commission on
Sustainable Development about the abuses they see every day.

     This event will feature Tricia Feeney who is the Ohio Valley
Environmental Coalition's  (OVEC) Community Organizer in Mingo County,
WV.  She will speak about mountaintop removal, coal slurry (waste)
poisoning peoples' drinking water, and how coal company influence on the
state government affects us in the Eastern Panhandle.  We will also show
clips of the documentary film Black Diamonds, which recently won the
Spadaro award for best documentary on Appalachia.   There will be plenty
of time for questions and discussions afterwards.

      Any advances in laws towards justice in Southern West Virginia
directly benefits us in the Eastern Panhandle as we are in the same state
government.  We also occupy a unique space to support community groups
that are working towards justice as, try as Don Blankenship might, our
delegates are not under the same coal company influence as delegates from
the rest of the state.

     Our mission is twofold:
--To advance environmentally and economically sound energy development
and use by joining forces with other community-based organizations
working towards the same end.

--To expose the human rights violations being committed by the fossil
fuel industry, thus stopping current abuse and preventing future harm.

    This fundraiser will be held at the house of Rod Snyder
(congratulations on his recent eletion as President of the WV Young
Democrats!) at 1113 Shenandoah Junction Rd, Shenandoah Junction, WV,
25442.  This is the gravel driveway beside the Jefferson High School 9th
Grade building.  There will be light snacks and drinks served.  Please
RSVP with Rod Snyder by emailing rodsnyder2004@... or calling him
at (304)279-2584.

    If you cannot attend the event for any reason but would still like to
make a tax-deductible donation to this effort, please mail a check to 335
Old Shenandoah Trail, Harpers Ferry, WV, 25425 made out to "OVEC" with
"UN Delegation" in the memo line.  We thank you for any and all support
you are able to give!

    If you have any questions, please email Danny Chiotos at
Daniel.Chiotos@... or call him at (304)886-3389.

More information can be found at...
http://www.wvcoalfield.com/
http://wvgazette.com/static/series/mining/
http://www.friendsofthemountains.org/

-Daniel Chiotos

Tue May 1, 7pm: Hear Charles Town Council candidates.

The Jefferson County NAACP will sponsor a forum for the candidates that
are running for a seat on the Charles Town Council. The forum will be on
at the St. Philip's Episcopal Parish all at 410 South Lawrence Street in
Charles Town (SW of Wright Denny School). Each candidate will be given
the opportunity to present their platform; then they will be subject to
questions from the audience.

Early voting begins Fri May 4th, 2007 and ends on Mon May 21st, 2005 5:00
p.m. at City Hall

General Election on Thu May 24, 2007 with polls opening at 6:30 a.m. and
closing at 7:30 p.m at Visitors' Center, Rouss Hall, behind Shu Chen
-------------------------------
Wed May 2, 7pm:
From: "Rob Perks access" <rperks@...>
Date: Fri, 27 Apr 2007 13:23:55 -0400

IMPORTANT MEETING ANNOUNCEMENT CORRECTION:

There will be a Special Meeting of the Jefferson County Board of
Education and representatives from Charles Town Races and Slots to
discuss the WV table gaming legislation. This is an information session
for the Board of Education as beneficary of the legislation, should the
June 9, 2007 table games referendum pass.

Please note:  The public is welcome to attend and observe, but may not
comment or pose questions to either the Board of Education or Charles
Town Races and Slots during this meeting.

Meeting Date:  Wednesday, May 2, 2007
Time:  7:00 p.m.
Location:  Board of Education Central Office, 110 Mordington Avenue,
Charles Town, WV 25414

Apologies for the incorrect prior announcement of this meeting.
Rob Perks, Television/Media Analyst
Jefferson County Schools
110 Mordington Avenue
Charles Town, WV 25414
Office:   304-728-9202       Cell:      304-283-7150
FAX:     304-728-9274       Home:   304-725-5660

Email:  rperks@...
--------------------------
Wed 5/9 noon: Lunch Discussion with Charles Town Races+Slots about the June 9
referendum on Table Games.

Open to the public, order lunch from the menu, at Towne House restaurant, 549 E
Washington St, Charles Town. Sponsored by active & retired federal employees

Last day to register to vote for the special election is May 17, 2007

Early voting will be available at the Courthouse, 100 East Washington
Street on Fri 5/18-Wed 6/6 from 9am-5pm, except Memorial day 5/28.

NO SATURDAY EARLY VOTING for the special election, since the election
itself is Saturday

9 JUNE –COUNTY POLLING PRECINCTS OPEN FOR VOTING 6:30 AM. VOTING ENDS AT 7:30 PM

15 JUNE Canvass of Special Election 10:00 am in the Courthouse
--------------------------------
The following article was published in the Shepherdstown Chronicle and is
being reproduced here with permission of the Shepherdstown Chronicle.

Note that Coakley has been saying the cities & school board will get
money from table games. Delegate Doyle below says neither county nor
cities get money: it all goes to the school board. The first & last
sentences of subsection (5) which Coakley quoted at
http://groups.yahoo.com/group/listener/message/2421 do say, "(5) Transfer
two percent ... to the governing bodies of municipalities... Provided,
however, That the county board of education of a growth county... shall
receive the two percent"

Doyle also says the 4 county commissioners other than Frances Morgan
rejected the idea of postponing the vote and having a longer campaign
period. Actually Frances Morgan discussed the length of the campaign when
the date was first established, and all 5 commissioners, including her,
voted to set the date on June 9 (early voting starts 5/18).

~moderator
---------------------------------
FROM: bhumes1@...
DATE: Mon, 30 Apr 2007 07:29:31 -0400

From: "John Doyle"

     In last week's Chronicle, County Commissioner Jim Surkamp addressed
the upcoming June 9 referendum on whether or not the Charles Town Races
should be permitted to have a full-blown casino at the track.

     While he did not actually take a position on the issue, I regard his
analysis as heavily slanted in favor of passing the "table games"
referendum. It also contained several inaccuracies, one of which
mischaracterized my position on this referendum.

     I oppose the passage of "table games" this year for several reasons.
Principally, I think Jefferson County gets a raw deal on the distribution
of revenue from the games. Can we expect to get a better one if we defeat
the referendum? I have no idea, but there's only one way to find out.

     Penn National Gaming, Inc. (PNGI), parent company of the Charles Town
Races, will keep approximately 60% of the revenue from the games. Of the
remaining 40%, Jefferson County gets to keep 3%, all of which goes to our
schools (for capital improvements, not salaries). While I think its good
that the money goes to the school system, I think 3% is way too small a
percentage to go to the host county.

     In a couple of places in his article, Commissioner Surkamp seems to
imply that Jefferson County and its five municipalities would get some
money from table games, should the referendum pass. He must have meant
something else, because they won't.

     Mr. Surkamp said that the money for schools will be "seven figures"
each year. That's speculation. It could be higher or lower. Jim thinks
that because estimates for revenue from racetrack slots have been
consistently low, therefore this estimate will be low. That's poor logic.

     Indeed, estimates for the legalized "gray machines" (video poker in
bars) have been consistently high. All we can presume from the history we
have is that the estimates for table games revenue will very possibly be
wrong. We don't know in what direction, or by how much.

     Too often, we in Jefferson County complain about the poor treatment
given us by "Charleston." For a change, we have a chance to stand up and
say "no," rather than grouse to each other and talk about "secession"
(which, because it would require "Charleston's" permission, is certainly
not an option). Let's stop selling ourselves short, and let the folks
"over the mountain" know we think we've been taken for granted. We can do
that by defeating this referendum.

     Related to this, the racing industry is also short shrifted in this
bill. Mr. Surkamp argues that PNGI should be lauded because it has helped
our farms, by putting much video slots money into racing. But PNGI did
not do that out of the goodness of its heart. It was forced to by the law
that permits the slots, that law being generous to racing.

     The new law puts very little table games money into racing, so the
games will be of little use keeping farming viable. In fact, an amendment
I sponsored putting more money from PNGI into farmland protection in
Jefferson and Berkeley Counties was defeated, partly because of strong
opposion by PNGI. Even if we vote down table games, the money from slots
will continue to go into racing (because the law requires it).

     Likewise, the money the county and our cities are getting, for law
enforcement, historic preservation and other things, will continue to
come in, whether or not we defeat this referendum. Interestingly, an
amendment I sponsored taking money from table games for historic
preservation efforts statewide was defeated, due to opposition by the
gambling industry.

     There will be no accountability to the public with these games. When
I offered an amendment that would have required each chip and dye to be
electronically monitored, it was defeated, due to strong opposition from
the Lottery Commission and the tracks. How can Jim now expect the same
Lottery Commission to apply this accountability administratively?

     Mr. Surkamp said that $19 million for the county's second high school
came from slots at Charles Town. Not so. That money, distributed by the
School Building Authority (SBA), came from the state's general revenue
fund. The original round of "SBA" buildings (some of which were in
Berkeley County, but none in Jefferson) were built with lottery money.
The SBA money for our new high school came from general revenue.

     Another reason I oppose this referendum is the type of development
proposed by PNGI if the referendum passes. What we will see is a glitzy
cross between Las Vegas and Branson, Missouri. The latter is a small town
that has been developed into a country music theme park that sees, every
weekend, crowds the size of the Mountain Heritage Arts and Crafts Fair.
Do we want that in Jefferson County? I don't. How many "historic"
tourists will want to compete with that traffic?

     Can Jefferson County zoning prevent that? Not if the track is annexed
by either Charles Town or Ranson. In fact, Charles Town already has that
area planned as an "entertainment district," should it be annexed.

     When I originally supported the "racetrack video lottery" bill in
1994, I hoped we would see a gorgeous, well-maintained racetrack
supported by video lottery machines. Instead, PNGI wants to have a
gambling palace with as little investment into racing as the law permits.
Of the $100 million plus that PNGI has invested in its Charles Town
plant, almost all has been invested to make slot machines more
profitable. Only a tiny fraction has been invested in racing. The table
games law should have required a greater investment in racing than it
does.

     We should have been given more time to debate this question. I asked
the County Commission to reschedule the referendum at a later date. They
could have done so. I'm mystified why the commissioners unanimously
refused (Frances Morgan was absent).

     When I saw the final version of the table games bill, I was intent on
voting against it, because I believe it to be disastrous for our county.
I was persuaded to vote for it because of the plight of our brothers and
sisters in the Northern Panhandle, an area where economic circumstances
approach "Great Depression" conditions. Two of our state's four
racetracks are located there, and those voters will also have a table
games referendum.

     Even then, I could only bring myself to vote for the bill because I
knew the voters of Jefferson County would be able to turn "table games"
down. I believe the future of our county depends on the voters doing just
that.
----------------------------------
From: Joe Coakley <jdcoakley2000@...>
Date: Fri, 27 Apr 2007 11:50:14 -0700 (PDT)

We received a survey in the mail on the table games referendum. This
survey was from a group named "Table Games Revenues and Jobs Referendum".
The cover letter for this survey was signed by the following persons:

Victoria A Lotts, Teacher, Jefferson County Schools.
Dr DC Master, DVM, Former Mayor of Charles Town.
A Scott Sudduth, Member Jefferson County Board of Education.
Mary M Via, Executive Director, Jefferson County Chamber of Commerce &
Executive Director of Mountain Heritage Arts and Crafts Festival.

This survey reminds me of the propaganda put out for the original Slot
Machine Referendum. That is; it is entirely one sided and makes several
unsupported claims. One of these claims states "….including an estimated
$40 million for our local schools over the next ten years".
Previous statements made in support of this referendum have stated an
estimated $1.5 million/year for school capital improvements. How can this
be stretched into $40 million in 10 years?
Recent newspaper articles have also touted $1.5 million/yr for schools.
To date, no one has definitively answered my questions on amounts going
to the Jefferson County Commission and/or the Municipalities.

The first sentence of the text below states one percent for the County.
The last sentence (referring to the board of education) states in part;
"...shall receive one percent of adjusted gross receipts as provided in
this subdivision for the purpose of capital improvements."

It is the words "as provided" that are unclear to me since there is only
one percent provided
within this section. The same wording is not included within the section
on Municipalities.

As Pete recently pointed out, here is the text of the law pertaining to
the County:


"(4) Transfer one percent of the adjusted gross receipts from each
licensed
racetrack to the county commissions of the counties where racetracks with
West Virginia Lottery table games are located. The one percent
transferred
under this subdivision shall be divided pro rata among the counties with
a
racetrack with West Virginia Lottery table games based on relative
adjusted
gross receipts from each county's racetrack: Provided, That the county
board of education of a growth county, as that term is defined in section
three, article twenty, chapter seven of this code, which has enacted the
Local Powers Act, and in which county a racetrack is located that has
participated in the West Virginia Thoroughbred Development Fund since on
or
before the first day of January, one thousand nine hundred ninety-one,
shall receive one percent of adjusted gross receipts as provided in this
subdivision for the purpose of capital improvements"

Joe Coakley
-------------------------------
FROM: fredblackmer@...
DATE: Fri, 27 Apr 2007 15:46:22 EDT

Joe,

Just a suggestion. Read the entire section. The first part relates to
counties. The end is related to local boards of education. It appears to
be written specifically to provide Jefferson County's BOE and additional
1 percent for capital projects. Whenever "growth county" and "local
powers act" appear in a section of code, only Jefferson qualifies.

PNGI and Charles Town Races worked hard to get this provision in the
enabling code. They knew additional school funding was a legitimate local
issue. You will down play it and continue to throw sticks in the spokes
but the simple truth is this. The addition of table games to the
amenities offered at Charles Town Races will ensure the continued
economic benefit CTR brings to the county.

You often talk about tax increases, real or imagined. Every single dollar
the county, towns and BOE get from CTR is a dollar's worth of services
residents get without tax dollars paying for them. That amounts to about
30 percent of all local government budgets. Gaming revenue has also
provided $19 Million dollars toward the new high school construction that
tax payers didn't need to spend.

I suggest those that oppose this additional economic development and
revenue for the county focus on specific negative impacts if there are
any. The no amount is enough gambit rings hollow.

Fred Blackmer
304 725 6754