The good news is that over the last several years we’ve done what a lot of people said could not be done. We grew the cultural economy while welcoming increasing numbers of visitors to Charles Town Races & Slots. We’ve shown that annual events like the Contemporary American Theater Festival,  Goose Route Dance Festival, and new galleries and heritage attractions, can be compatible with large-scale tourism attractions like gaming. In general, quality of life for residents has improved—more art, more good restaurants, more things to do.

At the same time, we’ve accepted our role as an essential funding source for state coffers by allowing table games at Hollywood Casino. It’s not too far fetched to say someday we will send half a billion dollars to Charleston each year from our combined tourism economy.

Now we have to deal with those traffic jams. It’s time to deal with the “Gateway” connecting Maryland and Virgina to Charles Town.

We missed a great opportunity a few years ago when we re-built the bridge over the Shenandoah. We could have forced the National Park Service and federal government, which controls Harpers Ferry Gap, to help create a beautiful safe entrance into our state. Those efforts were blocked by the National Park Service’s notion that Harpers Ferry’s heritage was better preserved by a crowded, cramped, treacherous road through the gap—where paddlers and rafters are dodging harried motorists—than by a world-class parkway through the gap that extends all the way to Charles Town. It’s time to fix this.

The County Commission is developing concepts for Route 340 from Harpers Ferry Gap to the Virginia line south of Rippon. But this is more than a local problem.

If the rest of West Virginia wants our tourism and gaming taxes, the Manchin administration needs to engage the federal government to bring federal money and assistance to build a long-term plan for Route 340 that facilitates safe travel and recreational access to the famed Shenandoah River; creates a world-class parkway-style passage through the region Jefferson said was worth a trip across the Atlantic; improves the quality of life for Jefferson County residents; and enables economic and residential development along Route 340 that we can be proud of.

What we have achieved as a county will be jeopardized if we can’t figure out basic transportation infrastructure and community planning. We urge our county commission, Statehouse delegation, and our U.S. Representative and Senators to force the issue in Charleston and Washington, D.C. We deserve it.

We all want to be safe. Whether it is protection from contaminated water, cars with faulty brakes, guns in schools, or explosive gas in coal mines, we look to government to provide us a safe environment in which to live and work. This expectation of safety extends from the workplace, to the goods we consume at home and to the places where we have fun. It may be unpopular to say in this era of anti-government, tea-party activism, but there continues to be a role for government in ensuring the framework of security within which we live.

West Virginia has some of the strictest rules in the country governing commercial whitewater rafting. Unlike many other states, all guests on a commercial trip must wear life jackets. Each raft must have a first aid kit and throw-rope. Guides must obtain a license and receive state-sanctioned training. Given that West Virginia is one of the country’s top two whitewater destinations, second only to Colorado, we should be grateful that state legislators have stepped in so aggressively to maintain safety standards.

Tourism in West Virginia is a significant industry in the state. According to a study commissioned by the West Virginia Division of Tourism, over $4.38 billion is generated each year in travel-generated spending, and in some areas of the state, tourism is one of the primary sources of earnings and employment. With over a quarter of a million visitors each year, whitewater tourism is at the center of this important industry. And just like coal mining, the state plays a key role in ensuring safety—for both guests and trip guides.

However, accidents do happen. According to the nonprofit group, American Whitewater, with 55 deaths, West Virginia had the third highest number of whitewater fatalities between 1975 and 2009. One of these occurred in Jefferson County in September 2004 when Roger Freeman took part in a corporate team-building commercial whitewater trip on the Shenandoah (see article in this issue). The river was at least 12 feet above normal conditions, and yet the outfitter took Freeman and his colleagues on a guided trip. The result was catastrophic.

The Jefferson County operator of Freeman’s fatal whitewater trip says the state should not set cut-off points for commercial whitewater operators, no matter how high the water is or how fast the river is flowing. But other whitewater outfitters say that the state’s Whitewater Commission should set water level limits on the most busy whitewater zones—The Cheat, New River, Tygert Valley, Gualey, and Shenandoah—above which commercial trips should not be operated. Indeed, the State of Tennessee limits commercial whitewater trips on the Ocoee River above certain flow rates.

In our opinion, this is exactly the role government should play. If experts believe that commercial trips are not safe when water levels rise above a certain level, then these level should be set down in law. If not, it is easy to imagine how commercial interests might outweigh the safety of the inexperienced passengers. Just as coal operators would prefer government to leave them alone, so it is with commercial whitewater operators. But if they want their businesses to grow and thrive, both industries must embrace the role of regulators in ensuring the safety of all those involved.

Focusing on the circus atmosphere rather than the issues does a disservice to Surkamp’s challengers as well as to him. We face serious problems in our county; let’s all make an effort to concentrate our collective energies on solving these, rather than indulging in petty grievances and personal vendettas.

In an effort to focus on the issues, instead of political process, we at The Observer surveyed the candidates in the upcoming primary races for County Commission, House of Delegates, and Senate. We were struck by the thoughtfulness and depth of their answers, the range of their opinions, and their level of community commitment. We think you will be, too.

Slogging through candidate surveys may not be a light evening read, but if you plan to vote, you owe it to yourself to spend some time with the candidates.

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The case of The Shepherdstown Observer, Inc. v. Meghan has gone to the state’s highest court. The case involves the refusal by the Jefferson County Clerk Jennifer Maghan to make public the names of signatories on the 2009 zoning referendum ballot as requested through a Freedom of Information Act (FOIA) request. The Observer has now been joined in its case by two respected national organizations, the Society of Professional Journalists and the Reporters Committee for Freedom of the Press. In a statement, the SPJ said, “The Society of Professional Journalists is upholding its mission to protect open government and Freedom of Information laws by joining an amicus brief written by the Reporters Committee for Freedom of the Press that supports the Shepherdstown (W. Va.) Observer in its battle to attain records of petition signatures that should be public.”

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This edition of The Observer sees our paper distributed to every home and business address in Jefferson County, a leap from last month’s circulation of 9,000 to a distribution of 25,000. We are excited to be reaching the entire county. If this is your first time experiencing The Observer, we hope that you enjoy it, and we invite you to participate in providing stories, comments and feedback both by letter and email.

Here are a few questions you might ask.

Delegate and Senate Races

Tort Reform. Banging the drum for tort reform has become almost cliché. But what do the candidates really mean by this? Having enacted reforms in recent years, West Virginia is “competitive” with neighboring states on torts issues. Ask candidates to give you straight answers on specific changes they might propose.

Right-to-Work Laws. States with right-to-work laws are often dubbed pro-business and anti-union. As a result, any attempt to modify the playing field brings out the lobbyists. Are there changes that could be made to West Virginia labor law that would make the state more competitive without sacrificing the state’s worker-friendly traditions?

Collective Bargaining for Public Employees. Public-employee unions now represent the largest segment of organized labor nationally. We don’t allow it in West Virginia—even among teachers. Should we?

Intermediate Appellate Court. West Virginia is one of very few states without an intermediate appellate court. Every appeal must be reviewed by the state’s Supreme Court—and very few are ever accepted for full argument. Should we spend a little more money, and make a better, more modern court system?

How We Elect Judges. Should we continue the current practice of partisan election for judges, or, like many states, have judges run without party affiliation? And should we provide public financing for Supreme Court races? For that matter, do we want to elect judges at all.? In many states, judges are appointed.

County Commission Races

Budget. What changes, if any, would you propose in how the county creates and implements its annual budget?

Levy. Would you have voted for or against increasing the levy?

Zoning. How would you propose to modernize land-use planning in the light of the defeated proposed ordinance?

Board of Education

One question; and it’s a loaded one. Should the legislature grant local school boards the authority to set their own levy rates?

See if they even know what you’re talking about. The League of Women Voters of Jefferson County will host a series of candidates’ debates in April on the second floor of the War Memorial Building, German and King streets in Shepherdstown. These events are free and open to the public. For information, call 304-876-2775. Candidates for Jefferson County Commission will debate on Tuesday, April 6, 7–9pm. Debates for the Jefferson County School Board, the 57th Delegate District and the 16th State Senatorial District will take place on Thursday, April 8, 7–9pm.

The importance of the Observer v. Maghan case grew to national importance when it was cited in a brief last week in the U.S. Supreme Court case John Doe v. Reed. That case involves efforts to prevent the release of petition names collected in support of Washington State’s Referendum 71 to grant “everything but marriage” benefits to gay and lesbian couples. Although Clerk Maghan did not raise constitutional issues in withholding petitioners’ names, the Jefferson County circuit court did. The U.S. Supreme Court will hear arguments April 28.

While some issues apply to both cases, there are clear differences between the two. First, the State of Washington dictates that petition drives be supervised by observers for and against the referendum. This was not the case in Jefferson County, where only the clerk’s office vetted the petition lists.

Second, it is clear from the way the Washington petition was written that those who signed clearly disagreed with providing equal rights to gay and lesbian couples, thus a release of the names could conceivably impinge on the petitioner’s right to a secret ballot. The same cannot be said in Jefferson County, where the petition organizers repeatedly said that the act of signing the petition was not a vote for or against the referendum; in other words, a petitioner’s right to a secret ballot would not be affected.

When the West Virginia Supreme Court of Appeals hears Observer v. Maghan this spring, these issues are likely to be presented. If this case is heard before the U.S. high court hears John Doe v. Reed, the Jefferson County case could have an impact in the eventual ruling made by the United States Supreme Court.

Hunkering down indoors during a snowstorm is also a relaxing time for activities like a) looking at your utility bills and realizing how much money you’re spending on them, b) taking away your kids allowance in favor of family nights in front of the television, followed by c) walking to the nearest watering hole to drown your sorrows in a pint. It turns out these things are related.  

Over the last decade, public opinion polls have consistently shown that Americans view energy conservation as patriotic. Increasingly, it’s also about saving money—thereby having  money for that pint!

Energy conservation is thrifty. In reality, a lot of energy produced in the United States is not used at all—it’s wasted like produce forgotten in the fridge. Here are a few examples from the U.S. Department of Energy (DOE).

Your television uses more electricity during the hours it’s turned off than the time when it’s turned on. If you watch TV four hours each night, your set actually draws slightly more energy during the other 20 hours each day because modern TVs idle in standby mode. That way the picture lights up instantaneously when you turn it on, rather than taking a couple of seconds to warm up. This slow draw on your power is called vampire energy. If you can live with a two-second warm-up, you can save a lot of energy and not miss a single show. Those little clocks on microwaves and VCRs are another example—they suck energy without adding to your quality of life.

An outlet with an on-off switch or a power strip is all you need to eliminate phantom energy drain—even if you just turn all this stuff off at bedtime, you’ll save a lot.

Your washing machine uses 90 percent of its energy to make hot water. Says the DOE: Unless you’re dealing with oily stains, the warm or cold water setting on your machine will generally do a good job of cleaning your clothes. Switching your temperature setting from hot to warm can cut a load’s energy use in half. Energy saved; way of life intact.

About 20 percent of your house’s electricity goes to indoor lighting. Just using more efficient bulbs can save 50 to 75 percent on energy usage. Same amount of light—no cramp on your way of life.

If you really want to go hog wild, you can look at not only saving energy, but making it right at home. Thanks to federal and state tax incentives, a solar-powered home can make economic sense for a lot more people. The incentives are an interesting approach to leveling the playing field of energy choice. Coal, petroleum, and natural gas have always benefitted from an array of taxpayer subsidies—all of which directly went to energy producers. Solar energy tax credits go directly to consumers. It’s a way of allowing consumers—taxpayers, that is—to decide which type of energy production will benefit from their largesse.

There are stories about energy conservation, solar energy, and a variety of environmental topics in this month’s Observer.

An Apology In Order

 In The Observer’s January edition, we published a satire about Shepherdstown’s annexation of part of Shepherd University. The satire featured quotes from “Governor Tiffany Lawrence.” Some readers told us they thought the photo was sexist, an insult both to Lawrence and to women in general. Other readers said the photo was dismissive of Ms. Lawrence’s community service while serving as Miss West Virginia.

Having Delegate Lawrence appear as governor was meant to poke fun at the state’s old-guard establishment politicians who spend their careers mapping a path to the Governor’s Mansion, only to be outdistanced by a young delegate from the Eastern Panhandle. The joke was supposed to be on them.

We apologize.

For a couple of years now, we at The Observer have been digging into the conventional wisdom about casino gambling. Not surprisingly, most of the research is sponsored by people looking for a specific outcome on one side of the issue or the other. Although we don’t have Steven Levitt’s chops (or research budget), we share his skepticism about conventional wisdom. Here’s a little of what we’ve learned.

Casinos are not crime magnets. Open one in a dangerous place, and the place might still be dangerous. Open one in a place with a low crime rate, and the crime rate remains low.

Casinos are not magnets for the downtrodden. Many casinos have been opened in poverty- stricken zones as a way to lift the place up economically, and the results have been mixed. But the casinos are not the cause of poverty. In fact the poorest, most dangerous places to live in America have no casino gambling or betting establishments. Two of them, Washington, D.C., and Baltimore, Maryland, are nearby.

On the flip side, casino jobs don’t pay any better than similar jobs in a given region. Why is this? Prevailing wage rates are determined by labor supply. The more people you have looking for work, the lower the wages employers offer. And the economic multiplier effect of casinos is very difficult to predict, as it is with nearly any tourism-related draw. Even those Ph.D. folks who study the economic benefits of tourism argue continuously over their own methods.

So, if we strip away the rhetoric on both sides, here’s what’s left.

The establishment in question has operated in Charles Town since 1933. They seem to run a fine operation. Its appearance is clean and tidy, and the negative impacts forecasted with the opening of slot machines have not materialized. They’ve been responsive neighbors, too: Several years ago when Jefferson County residents complained about the use of searchlights over the county’s skies, the company stopped the practice.

Now they want to expand their business. There is no real difference between betting on horses, betting on slots, the state lottery, or a little ball at a roulette table. It does take people — employees — to run table games, and that’s a plus. The craps table alone employs four people at a time.

About gambling: It’s a legitimate recreation pursuit — just ask the millions of people who enjoy it. Our county’s heritage is rich enough, special enough to accommodate a range of tourism activities. In fact, some of the county’s most ardent preservation and conservation activists either support the referendum or don’t see it as a threat to our heritage.

No one likes the apparent collusion between the unimaginative politicians in Charleston and a big corporation. Let’s try to get beyond that. And no thinking person likes the idea that our state and each if its counties and municipalities are dependent upon lottery receipts and coal royalties to survive. Let’s all resolve to change that.

It’s tough enough to attract large employers to West Virginia. We have one that wants to expand their operation. We’ll vote yes to that.

There have been other issues raised by opponents of table games. One of these is traffic. For their parts, table-games boosters can’t credibly on one hand tout the tens of thousands of new tourists who will spend money in Jefferson County, then on the other hand claim that table gaming won’t result in increased traffic volumes. Opponents, though, need to be honest. The 15,000 to 20,000 people coming each day for slots now do not cause big-city-style traffic jams. That’s because the majority of the traffic comes into and out of the county during non-commuting hours, and much of it is spread out over many hours each day.

Proponents should acknowledge the data from other gaming states: big gaming often does have a deleterious effect on local retail business. We need to admit this challenge and figure out how to do it better here. A little honesty on this front would go a long way.

Our beef in 2007, expressly stated then, was with the West Virginia legislature, the de facto owner of all gambling operations in the state. They set the terms, determine what the profit will be, and divvy up the proceeds throughout the state as they see fit.

We did not like the terms they set back in 2007, and we advocated a better deal. Since then, Delegate John Doyle and Senator Herb Snyder went to Charleston and brought back a better deal. It’s not perfect, but it reflects an honest effort to help Jefferson County offset some of the increased costs resulting from gaming. Delegate Doyle in particular was ridiculed for the idea that a better deal was possible, and he proved his detractors wrong.

As in 2007, we still do not like the tendency of government to spend windfall revenue like gaming proceeds on day-to-day operations, as if the money could forever flow in greater quantities. Table game opponents are right about this: states that depend on gaming for general revenues are being hardest hit by the recession.

It does not need to be that way. If table games are approved, we could use gaming royalties for special projects like buying parkland, making infrastructure investments, and establishing better financial-management systems.

A lingering and legitimate concern among many voters is how table gaming, and the inevitable growth of more of it, would influence the rural character of Jefferson County—especially given remarks by the CEO of Charles Town Races & Slots’ parent company that Charles Town might become another Branson, Mo. No thanks.

But Jefferson County’s growth management challenges are far bigger than table gaming. With or without gaming, the county needs to modernize its approach to planning, or risk a diminishing quality of life and a downward spiral in property values.

These issues could be addressed through a modern, thoughtfully conceived planning and zoning ordinance. Coincidentally, there is one on the ballot slated for November 7. Our advice: however you decide to vote on the table games issue, vote “Yes” for the zoning ordinance to establish a smarter planning framework.

It is by no means perfect, but when compared to the 21-year-old existing ordinance, the choice is a no-brainer.

The existing system, so-called non-traditional zoning, is not zoning at all. It is based on the antiquated Land Evaluation and Site Assessment system, or LESA. It was already outdated by the time Jefferson County adopted it, and as a zoning tool it’s been abandoned by nearly every jurisdiction nationwide that tried it. Here are just a few of the problems.

First, it takes away every one of your Constitutional property rights, and doles them out one by one as privileges. Want to open a B&B in your Jefferson County home? Forget it. How about a childcare business to serve your neighbors? Nope. A country store or some other rural business? Nope. Sure, you can lie prostrate before county officials and beg, but . . .

Second, the bar keeps moving. There are no clear statements of what standards must be met in order to win approval. Address one issue, and another one might arise, and worse . . .

Third, as the bar is raised ever higher, so is  the price tag. Are you a farmer who wants to sell produce from your land? Well, if you can spend $20,000 on a site plan, you might—might—get it approved. As a result . . .

Fourth, only the wealthiest people or companies can make the system work for them. If you have enough money to convince zoning authorities that it makes sense to build townhouses eight miles from the nearest town, you win. Oh, and when the residents of those townhouses wake up one morning to the smell of manure, the farmer next door—the one providing the scenic rural view—is said to be creating a nuisance.

It’s not surprising that so many activists are suspicious of moving to a more “traditional” zoning regimen. Their experience with the current one has made almost no one happy.

The proposed new ordinance offers everyone a level playing field and a degree of certainty that everyone can live with.

It encourages rural economic enterprises. It spells out in clear detail what the requirements are for various types of business in each zone, it offers definitions in plain English, it attempts to both manage growth and promote economic development, and it offers a nod to the modern farm economy by allowing—even encouraging—farmers to develop value-added businesses compatible with their farm operations. It even acknowledges that businesses like small-engine repair are as much a part of the rural landscape as equestrian operations.

It’s not perfect. Some people complain that it promotes too much development. It does allow more growth than the current ordinance. And the proposed ordinance provides modern environmental protections for the groundwater beneath our distinctive karst typography. It also requires a permit to demolish a historic building.

If you are someone who has been burned by the baffling, frustrating—okay, infuriating—current system, the proposed ordinance offers you relief.

If you are someone who just plain hates government, you will still be better served by the proposed ordinance. You won’t ever have to go beg and plead again: if you can read, you can navigate through the rules easily enough.

If you are one of the few who has benefited most from the existing arcane system, take heart. You’ll be able to spend more time growing your business and less money on lawyers. Even you will be better served by rules that offer clear standards.

If you live within one of the county’s incorporated municipalities, sorry, you can’t vote. The West Virginia legislature places no value on your Constitutional right to equal protection. To find out if you are eligible to vote, see jeffersoncountyclerkwv.com.

No matter where you live in Jefferson County, you should read the proposed ordinance. It takes about two hours to skim through the entire document. It is long, almost 300 pages, but only 88 pages deal with rules. The rest is preamble, useful definitions, and application procedures.

It’s available at local libraries and online at Jefferson County Planning.

The document has changed a lot since its first public unveiling. Clearly, county officials were listening to what they heard at public forums.

We give it a thumbs-up, and urge you to do the same. Election Day is November 7; early voting is October 16 through November 4.