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	<title>The Observer &#187; David Lillard</title>
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		<title>Summer Arts Preview</title>
		<link>http://www.wvobserver.com/2010/06/summer-arts-preview/</link>
		<comments>http://www.wvobserver.com/2010/06/summer-arts-preview/#comments</comments>
		<pubDate>Wed, 30 Jun 2010 15:21:01 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[Arts]]></category>
		<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[Featured]]></category>
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		<description><![CDATA[
By David Lillard
Each July in Jefferson County, the curtain rises on a growing variety of arts, entertainment, and cultural offerings. From the Contemporary American Theater Festival’s five-play repertory to Shepherd University’s quiet historical walks featuring characters in historic dress, from the 10th annual Goose Route Dance Festival to the Over the Mountain summer art show, [...]]]></description>
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<p>By David Lillard</p>
<p><em>Each July in Jefferson County, the curtain rises on a growing variety of arts, entertainment, and cultural offerings. From the Contemporary American Theater Festival’s five-play repertory to Shepherd University’s quiet historical walks featuring characters in historic dress, from the 10th annual Goose Route Dance Festival to the Over the Mountain summer art show, there’s a lot to see and hear. Plus, there’s a new art gallery in Charles Town, one celebrating its three-year anniversary in Shepherdstown, and a new art school in Shepherdstown. The month ends with an arts and humanities weekend in Shepherdstown called Uniquely Shepherdstown.</em></p>
<p><strong>CATF 20th Season</strong></p>
<p>The Contemporary American Theater Festival rolls into its 20th season with five plays in rep at three venues. Almost as remarkable as the idea of 20 seasons for CATF is the sense that the festival has remained true to its founding ideals of challenging audiences, being a playwright’s theater, and daring to do the unexpected with faith in the audience to come along.</p>
<p>Enter <em>The Eelwax Jesus 3-D Pop Music Show</em>. For every theatergoer who has wondered aloud, when’s producing director Ed Harendeen going to start doing musicals, <em>Eelwax Jesus</em> was probably not what you had in mind. But unless your taste for music theater storytelling is stuck somewhere in the Austrian Alps—heck, even if it is—this should be a lot of fun. One informal “focus group” likens the tunes to <em>Cuckoo’s Nest</em> meets Monte Python with a soundtrack inspired by Leonard Cohen with Nick Cave &amp; the Bad Seeds. But even that description is too limiting—and it doesn’t account for the kitch.</p>
<p>It takes place in a “socially isolated group home where residents are fed a daily dose of the charismatic Mr. Shine,” say the CATF liner notes. It’s a CATF world premiere featuring longtime CATF favorite Lee Sellars, who also composed the music. He teamed with Max Baxter, who wrote the book and music. Sellars devotees won’t be surprised by the offbeat humor, but picture this: he’s been playing Officer Krupke in the second year run of Arthur Laurents’ of West Side Story on Broadway.</p>
<p><em>Eelwax</em> plays at the Frank Center main stage, a venue that was built for music.</p>
<p>The other plays in the five-play season:</p>
<p><em>Breadcrumbs</em>, by Jennifer Haley. In this CATF world premiere, Alida is a reclusive writer of fiction slowly losing her memories. Reluctantly, she has come to depend on a young caregiver to complete her final book,  an autobiography. The two women wrestle over the nature of language, loneliness, and the essential self.</p>
<p><em>Inana</em>, by Michele Lowe. On the eve of the U.S. invasion of Baghdad, one man, an Iraqi museum curator, plots to save the statue of Inana, goddess of war, from destruction by the invaders. Fleeing to London with his young bride, he makes a life-altering deal to ensure the statue’s preservation. </p>
<p><em>Lidless</em>, by Frances Ya-Chu Cowhig. Fifteen years after being released from Guantanamo Bay, Bashir walks into the shop of Alice, his former U.S. interrogator. He’s tracked Alice down and wants her to know the emotional and spiritual pain she inflicted upon him. With her past brought to light, how does she explain her actions to her teenage daughter? Can Alice protect her from the truth?</p>
<p><em>White People</em>, by J.T. Rogers. What does it mean to be a white American? What does it mean for any American to live in a country that is not the one you were promised? This is a controversial and darkly funny play about the lives of three ordinary Americans placed under the spotlight.</p>
<p>For ticket information, see <a href="www.catf.org">catf.org</a></p>
<p> </p>
<p><strong>Speaking of Milestones, Goose Route</strong></p>
<p>Ask Kitty Clark, director of the Goose Route Art Collaborative, what’s got her most excited about the 10th anniversary Goose Route Dance Festival, and you’ll get the subdued smile of a now seasoned producer. “We’re still here,” she says. “Ten years ago, I couldn’t see beyond getting the first season up.” During that first festival weekend dancers, choreographers, and audience members had a question she hadn’t yet pondered: Have you set the date for next year’s festival?</p>
<p>“It wasn’t until the fourth or fifth year that I allowed myself to think that this truly was an annual festival.” If it took Clark that long to figure it out, her audience and the performers were way ahead of her. Although the festival has matured over the decade, it’s winning formula emerged early on: Welcome the best choreographers and small dance companies to Shepherdstown, and make them truly part of a shared community experience involving audiences of all ages in workshops, discussions, and performance.</p>
<p>“Originally, we arranged for host families to house the dancers out of financial necessity. But the dancers and the families love it,” said Clark. “It’s part of the Goose Route experience. Our dancers go to the farmers market or restaurants, and people who saw them dance the night before want to say hello and chat.”</p>
<p>Offering dance companies memorable experiences like this has helped attract some of the most notable names in modern dance, which in turn has raised the profile of the Goose Route fest even higher in the dance community. Still, despite the success, a big challenge remains. It’s the “I don’t understand dance” crowd. Clark hears it all the time, and her response is always the same: “Don’t try to understand it. Just enjoy it. The dancers are beautiful, their movement is beautiful, and it’s fun to watch.”</p>
<p>Based on the packed houses for nearly every festival performance each year, clearly a lot of people have caught on to modern dance.</p>
<p>The festival opens July 16 and runs through July 25 with eight performances, two kids’ shows, six classes for adults and teens, three classes for children, and four post-performance discussions. Nearly all the events take place at the War Memorial Building, 102 East German Street, Shepherdstown. The full schedule and tickets are available at <a href="http://www.gooseroute.org">www.gooseroute.org</a></p>
<p> </p>
<p><strong>Over the Mountain Studio Tour Summer Show</strong></p>
<p>Craftspeople and artists of Jefferson County’s Over the Mountain Studio Tour, which takes place in November, will preview their works at a special summer show during “Uniquely Shepherdstown,” the weekend of July 30, 31, and August 1.</p>
<p>Five different venues in town will present the art and craft of 20 artists. You can experience the diversity of Jefferson County’s craft and culture by artists who have been working cooperatively for over 20 years. The work these artists produce reflects the special quality of life that Jefferson County offers.</p>
<p>At the Bavarian Inn overlooking the Potomac River, heritage furniture maker Thomas McGarry, Birnum Wood Joinery, will be joined by Rebecca Jones, fiber, collage, and wood artist. Potter Joy Bridy’s special wood fired pots will complement the work of blacksmith Eric Johnson of Southwood Farm Forge.</p>
<p>At the CraftsWorks In Town studio, corner of Duke and Washington streets, Isabelle Truchon, creator of modern-day Byzantine arts, will be joined by Sheila Brannan, stained glass artist, and Linda Wright, with decorative painting on furniture, and Nancy Streeter, wood carver.</p>
<p>Greg Didden Associates at 107 West German street will host folk artists Pat Langerhans, who will be joined by quilter Elaine Mosel and photographer Teressa Blickenstaff-Kitts.</p>
<p>At Dickenson &amp; Wait, Tara Bell presents “Dream Circle Art,” colored pencils drawings, collage, and prints.</p>
<p>The historic Entler Hotel rounds out the summer tour with fine silver artist and jeweler Carrie Singer, painter and printmaker Doug Kinnett, Anne Bowers’ Heirloom Baskets, Fran Brolle’s hot glass and silver jewelry, and Ren and Pam Parziale of Sycamore Pottery, with stoneware, salt, and redware.</p>
<p>The weekend show offers a glimpse into the incredible diversity of art from Jefferson County. Hours are 2pm to 7pm Friday, noon till 7pm Saturday, and Sunday 10am to 3pm. Check out <a href="http://www.studiotourwv.org">www.studiotourwv.org</a> for details.</p>
<p> </p>
<p><strong>Charles Town’s New Gallery</strong></p>
<p>As Paul Pritchard’s involvement grew with the Arts &amp; Humanities Alliance of Jefferson County (AHA!), it became clear to him and his wife Susan Ford Pritchard that local artisans needed a permanent space in Charles Town to showcase and sell their work. After a meeting with local artists in late 2009, the concept of using space in the Pritchard’s historic building in downtown Charles Town reached a fevered pitch.</p>
<p>The result of this inspiration? The recently opened Washington Street Gallery &amp; Gift, an arts oasis showcasing the juried work of 40 local painters, jewelers, potters, sculptors, photographers, and other artists. The gallery held its grand opening during the last weekend of June.</p>
<p>Ford Pritchard sees the purpose of the gallery as two-fold: “to bring art to the community and bring the community to art. We both feel so fortunate to be living in an area that brims with all forms of art.”</p>
<p>And this is a truly democratic space. Whether people are buying or just window-shopping, whether they take a class—the gallery offers yoga instruction and art lessons—or get a piece of art framed, there is something that will appeal to nearly every price point.</p>
<p>“Without exception,” says Ford Pritchard, “people say this is just what Charles Town needs: a place dedicated to local artists and artisans and a place where people can purchase a quality, one-of-a-kind gift.”</p>
<p>Washington Street Gallery &amp; Gift, 235 W. Washington St., Charles Town; 304-724-2090; <a href="http://www.WStreetGallery.com.">WStreetGallery.com.</a></p>
<p> </p>
<p><strong>Birthday at Bridge</strong></p>
<p>The Bridge Gallery is beginning its third year in business, and owner Kathryn Burns is looking forward to bringing in new and exciting artists and offering expanded framing services to the community.</p>
<p>The birthday year begins with an exhibit of new work by three exciting young artists. Local painter and Schuler School of Fine Art graduate Michael Davis will show new still life and portrait work as well as a series of life drawings. Jacob Stilley, a graduate of the Maryland Institute in Baltimore and heading to the New York Studio School to work on an MFA, is presenting a series of intimate interior spaces painted from life. Also on exhibit will be new sculpture by Frederick artist Gavin Gardner with a debut presentation of “Summer Bath,” a classically modeled full-size figure. Gardner lives outside Frederick, Md., and is working on private commissions in bronze. The summer exhibit opens Saturday July 10 with a reception from 5:30 to 7:30pm. The exhibit runs through August 1. Special pre-CATF show refreshments will be available on weekends.</p>
<p>The Bridge Gallery features local and regional art and offers full framing, design, and art consulting services. 8566 Shepherdstown Pike (Route 230), Shepherdstown WV 25443. For information, (304) 876-2300 or www.bridgegalleryandframing.com.</p>
<p><strong><em>Doug Vaira contributed to the reporting on this piece.</em></strong></p>
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		<title>An inside look at Hollywood Casino</title>
		<link>http://www.wvobserver.com/2010/06/an-inside-look-at-hollywood-casino/</link>
		<comments>http://www.wvobserver.com/2010/06/an-inside-look-at-hollywood-casino/#comments</comments>
		<pubDate>Wed, 30 Jun 2010 15:06:17 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[Headline]]></category>
		<category><![CDATA[Staff Blogs]]></category>

		<guid isPermaLink="false">http://www.wvobserver.com/?p=1923</guid>
		<description><![CDATA[ 
By David Lillard



 



At first the new name, “Hollywood,” seemed a stretch. You can dress it up, but Charles Town should go by the familiar Chuck Town to locals. Sure it’s the town the Washingtons built, and even the Colonials loved horse racing.
Two steps into the door, though, this really is Hollywood, not because the giant, [...]]]></description>
			<content:encoded><![CDATA[<p align="center"><a href="http://www.wvobserver.com/wp-content/uploads/2010/06/cover-photo.jpg"><img class="alignleft size-full wp-image-1955" title="cover-photo" src="http://www.wvobserver.com/wp-content/uploads/2010/06/cover-photo.jpg" alt="cover-photo" width="300" height="450" /></a> </p>
<p>By David Lillard</p>
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<p>At first the new name, “Hollywood,” seemed a stretch. You can dress it up, but Charles Town should go by the familiar Chuck Town to locals. Sure it’s the town the Washingtons built, and even the Colonials loved horse racing.</p>
<p>Two steps into the door, though, this really is Hollywood, not because the giant, curvaceous hi-def video wall plays movie trailers. “Hollywood” comes from the feeling of walking onto a movie set. Or stepping into the movie.</p>
<p>Workers are raising massive stone pillars that seem to hold up the sky as they arch across the high ceiling. Welding torches are aflame. It’s pure fantasy. Forget the actual games for now; this is Cecil B. DeMille erecting pyramids. The craftsmen working in steel and glass crisscross the floor in choreography inspired by Busby Berkeley.</p>
<p>In two weeks, there will be nine table game areas with 85 games, plus a 27-table poker room. Twelve types of games will be played, ranging from classic casino games like roulette and craps to pai gow poker, an Americanized version of the Chinese domino game. Four hundred dealers have been hired to staff the games. According to General Manager Al Britton, 70 percent of these are West Virginia residents and 40 percent are Jefferson Countians.</p>
<p>There are no gaming tables yet. By West Virginia law, Hollywood owners Penn National  can’t bring the tables into the state until they have a license in hand. That won’t be issued until midnight July 1 when, in a Tinsel Town ceremony, Britton hands over a check to the state lottery director. Once given the okay, Britton will make a phone call telling the trucks to roll into the Mountain State.</p>
<p>The movie pans over to a grand room where most of the slots are. In many casinos these rooms are overwhelmed by flashing lights at eye level beneath utter darkness above. Not in this film. Your eyes are drawn upward to the soft glow of a fixture the size of a small moon with a mood to match. You expect to see Hedy Lamarr and Greta Garbo come chatting by as they walk from one set to the other. As if on cue, there’s the sound of ladies laughing as they enter the scene—it’s a group of schoolteachers on a summer outing apparently enjoying both their slots winnings and being in a place where children are absent.</p>
<p>I take a look backstage into Hollywood on the Roof, a party pit still under construction. Even amid the din of cranes and hammers, it evokes Oscar-night parties. Whether any patrons will ever wear a tux or gown here is an open question, but the attire wouldn’t be out of place.</p>
<p> </p>
<p><strong>Meet the Dealers</strong></p>
<p>A few floors above I meet the real performers in final rehearsal. These are the dealers.</p>
<p>Unlike the casino floor, the training room is a garden variety gypsum board and fluorescent-light space. Each of the dozen games that will be offered is set up for training and practice. The roulette and craps tables occupy a prominent space. Over at craps, two dealers—regardless of the game, each game’s manager is called a dealer—are discussing some finer point of table management. Along a back wall, dealers are working novelty games, the lower-skilled games you might see at a church-sponsored casino night. Every dealer needs players to practice, so they take turns as players.</p>
<p>At three-card poker, Daniel is dealing. I see familiar faces, people I’ve seen at the supermarket or hardware store over the years. Daniel continues the game through the introductions and banter. When introduced, he gives a nod and a smile, but never takes his eyes off the table. He continues this through four or five hands, allowing his colleagues to answer questions for him, collecting the checks, or tokens, when the house wins, paying out when the player wins. The players describe his every move as if interpreting kabuki poses.</p>
<p>“The checks are stacked according to value and color,” one of them says. <em>Checks</em> are what basement poker players call chips. Each color has a money value, so to <em>color up</em> is to exchange smaller denomination chips for larger denomination chips.</p>
<p>If you were to look at the table from the ceiling, you would know the action (the combined value of all the bets) just by counting the stacks of checks in each color. In fact, security cameras will be positioned above each table in the pit for that very reason.</p>
<p>“I’m loving this,” says Jim, a retired carpenter from Bunker Hill. “I wanted a chance to make a living with my brain instead of my body.” That sentiment resonates with many dealers met that day: “A few months ago, I was commuting 70 miles each way to work,” said a dealer at one table. Another, Pat at the craps table says, “I’ve been an independent homebuilder for 18 years, and I’m getting to an age where I didn’t want to be on a ladder and working in hundred-degree weather.”</p>
<p>As they play at three card poker, the dealer-players continue to teach me the finer points of gaming. Bart, a retired nurse from Bakerton, folds on a hand that looked pretty good to me. “A regular gambler wagers on the possibilities, but a pro bets on the probabilities,” says Jim.</p>
<p>“Ooh, someone’s been reading the training manual,” one of the guys jokes.</p>
<p>Butch chimes in. He’s a former cabinet maker whose work can be seen in local businesses. After a minute, we discover that I know his brother and niece. “The technical elements are only half the dealer’s job. The rest is managing the table. You have to welcome players to the game, teach some of them how to play, answer their questions, and continue the game—all without ever taking your eyes off the table.”</p>
<p>Now I know why Daniel has not been engaging in the banter. He’s managing the table. Navigating the game through this kind of chatter, not to mention constant interruptions from a knucklehead reporter, are all part of his practice. He’s done well.</p>
<p>“If he accidentally drops a check on the floor,” Bart chimes in, “he still can’t take his eyes off the table.” In that case, the dealer calls “Check down!” to his supervisor, in the old days called a pit boss.</p>
<p>“Did you notice how Daniel calculates the payout?” says Butch. He knows the dividend of each hand, and calculates the winnings in his head. “Did you notice that?”</p>
<p>It’s hard not to notice this. It’s automatic. Often at casinos you see players counting their checks after a sizable payout, just to be sure. The dealer unfailingly calculates it correctly.</p>
<p>“The math test here was tough!” says Jim. He’s not joking; there’s a math test.</p>
<p>“Give me a blackjack wager,” says someone. In blackjack, the payout is three to two—150 percent of the bet.</p>
<p>“Give one to Larry. He’s a math savant.” This turns out to be true. There is a blackjack payout chart on the back wall. In the left column is a list of bet amounts, on the right is the corresponding 3 to 2 payout.</p>
<p>“$125,” I call out. “$187.50,” Larry calls back before the words are out of my mouth.</p>
<p>“One eighty fi . . .”</p>
<p>“$277.50,” says Larry. And on it goes.</p>
<p>Over at the craps table, Pat and Jason are getting ready for opening day. Jason became a dealer after working in the Charles Town Racing &amp; Slots accounting department. “I was ready for a change,” he said. It’s the fourth job he’s had at the facility, and he appreciates the ability to move around in the company. Penn National encourages employees to train for new jobs in the company, whether to advance their careers or, like Jason, to keep it fresh. In a partnership with Blue Ridge Tech, college classes and training programs are offered on site.</p>
<p> </p>
<p><strong>Hollywood, Not Vegas</strong></p>
<p>There’s a line at the end of the movie <em>Casino</em>, when Ace Rothstein is lamenting how the gaming business has changed since Las Vegas’ rough and tumble days. “. . . the big corporations took it all over. Today it looks like Disneyland.” And it does. Disney is in the movie business, show biz. Hollywood’s business.</p>
<p>Hollywood—the industry—creates short fantasies that captivate audiences for two hours at a time. We pay a little bit, enjoy some refreshments, and escape for a while watching the silver screen. Gaming, these days, is not so different. It’s a special occasion event, like a visit to a big amusement park.</p>
<p>Wandering the floor, hanging with the dealers, talking with people who work in Hollywood—the one in Chuck Town—this film is more G-rated than most people imagine. About the only thing resembling the old Vegas here, again quoting from <em>Casino</em>, is that many of the employees know your name.</p>
<p>Another compelling thing about this film is the script: 96 percent of the patrons come from out of state, and 90 percent of the employees live in West Virginia. People drive into the state, drop a massive pile of money that employs 1,750 people and funds several hundred million dollars in services, then go home. That’s a pretty good ending. Who writes this stuff?</p>
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		<title>National Parks: Perfect for Tea Parties</title>
		<link>http://www.wvobserver.com/2010/05/national-parks-perfect-for-tea-parties/</link>
		<comments>http://www.wvobserver.com/2010/05/national-parks-perfect-for-tea-parties/#comments</comments>
		<pubDate>Thu, 27 May 2010 19:20:59 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[Blue Ridge Press]]></category>
		<category><![CDATA[David Lillard]]></category>
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		<guid isPermaLink="false">http://www.wvobserver.com/?p=1867</guid>
		<description><![CDATA[
Blue Ridge Press by David Lillard
I just spent a few days in my favorite national park, Shenandoah. It was great to escape cell phones, wi-fi, and email. It was even better to escape the “anger” being flashed on TV screens and splashed across newspapers. Enjoying the majestic Blue Ridge Mountains from Skyline Drive, it became [...]]]></description>
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<h3>Blue Ridge Press by David Lillard</h3>
<p>I just spent a few days in my favorite national park, Shenandoah. It was great to escape cell phones, wi-fi, and email. It was even better to escape the “anger” being flashed on TV screens and splashed across newspapers. Enjoying the majestic Blue Ridge Mountains from Skyline Drive, it became clear that we Americans have much more to be thankful for than angry about. And though it’s unpopular to say it in some quarters, we taxpayers have often invested wisely.</p>
<p>Approaching summer, at a time when every family is stretching a dollar, national public lands offer vacation values to fit every budget. Near my home are national parks like the Chesapeake &amp; Ohio National Park, Potomac Heritage Trail, Harpers Ferry and Appalachian Trail. Within a half-day drive are parks and public lands to fill every weekend in summer.</p>
<p>Interested in history? In western Pennsylvania, the Johnstown Flood National Memorial (www.nps.gov/jofl) tells a gripping and tragic story—a story with good guys and bad guys, heroes and villains, told for people of all ages. While you’re in the area, check out Fort Necessity National Battlefield, where George Washington fought for the British army in the opening battle of the French and Indian War (nps.gov/fone). In Central Pennsylvania, you can spend a few hours or several days—even rainy ones—at Gettysburg National Battlefield (nps.gov/gett) and one of the finest visitor centers in the world. You gotta see the world-famous cyclorama of the battle.</p>
<p>How about something by the seashore? Delight the kids with the wild ponies at Assateague Island National Seashore (nps.gov/asis), or catch a glimpse of migrating peregrine falcons at Blackwater National Wildlife Refuge (fws.gov/blackwater). Further up the Delmarva Peninsula are Prime Hook (fws.gov/northeast/primehook) and Bombay Hook (fws.gov/northeast/bombayhook), where shorebirds feast on millions of those strange refugees from dinosaur days, the horseshoe crab.</p>
<p>Down in North Carolina, rent canoes and paddle around Cape Hatteras National Seashore (nps.gov/caha). For the cost of a movie, you can camp in one of four campgrounds, then watch the sun come up over the beach—then go right back to sleep.</p>
<p>If you’re visiting Washington, D.C. this summer—whether to celebrate the nation’s history or protest against it—you can find a list of all the national parks in the national capital area at nps.gov/ncro/parklist.htm.</p>
<p>A few of the crowd pleasers include the Old Post Office Tower, which soars to 315 feet, above the Nation’s Capital. At the 270-foot observation level, catch a view of the entire city (nps.gov/opot/index.htm). Another popular favorite is the Jefferson Memorial, monument to the American patron saint of taxpayer irony. Jefferson preached small government, then spent lavishly from the national treasury on his own pet projects. He died drowning in personal debt after borrowing heavily to finance construction of his home at Monticello—avoiding debtor’s prison only through the generosity of his creditors. Do we hold this against him? No. Nor should we. His monument celebrates his contributions while acknowledging his humanity—it’s an inspiring memorial to a great and complex American (nps.gov/thje).</p>
<p>Within a day’s drive of my home are Great Smoky Mountains National Park to the south and Acadia to the north. In Great Smoky (nps.gov/grsm), the fishing is superb, the hiking leads to breathtaking views, and kids enjoy horseback riding. Visit in June to witness the wondrous synchronized firefly phenomenon, where, in a display scientists don’t quite understand, millions of fireflies blink in a seemingly coordinated rhythm like something out of Close Encounters. In Maine’s Acadia, explore the park’s scenic 45-mile carriage road system on a bike or horse-drawn carriage tour, or hike through forests and up mountains on 125 miles of historic hiking trails.</p>
<p>This list is just the beginning, and I didn’t even mention the millions of acres of national forest available for hiking, fishing, camping, wondering and relaxing—many with no admission charge. Buy a national park annual pass for the price of appetizers-for-four at a chain restaurant, and you can visit all these national parks for free.</p>
<p>So wake up, stop complaining, and start packing. Get away from all the noise for a day or two, and gain some perspective on your country. Sure, your government overspends from time to time, but some things are worth what we pay for them. If you’re a member of the “anger movement,” remember that spend-happy politicians are responding to voters like you, and that some of what they throw money at are the things you demanded of them.</p>
<p>As for me, I’m willing to pay more for parks and open space, and I’m not willing to give them up.</p>
<p>If you really want to play “tea party,” do it with your kids at a national park. Bring their dolls along, spread a blanket, and enjoy the view. It’s yours.</p>
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		<title>The Race in On &#8211; 2010 Primaries in Jefferson County</title>
		<link>http://www.wvobserver.com/2010/05/the-race-in-on-2010-primaries-in-jefferson-county/</link>
		<comments>http://www.wvobserver.com/2010/05/the-race-in-on-2010-primaries-in-jefferson-county/#comments</comments>
		<pubDate>Sat, 01 May 2010 18:59:11 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[From The Paper]]></category>
		<category><![CDATA[Headline]]></category>
		<category><![CDATA[Staff Blogs]]></category>
		<category><![CDATA[craig blair]]></category>
		<category><![CDATA[elliot simon]]></category>
		<category><![CDATA[Jefferson]]></category>
		<category><![CDATA[john doyle]]></category>
		<category><![CDATA[john unger]]></category>
		<category><![CDATA[lori rea]]></category>
		<category><![CDATA[paul taylor]]></category>
		<category><![CDATA[politics]]></category>

		<guid isPermaLink="false">http://www.wvobserver.com/?p=1720</guid>
		<description><![CDATA[ 
In advance of the upcoming primary elections, The Observer’s David Lillard asked candidates for the County Commission, House of Delegates and W.Va. Senate to share their views on a range of topics. Because this is a primary race, we surveyed only the races in which there were intra-party contests. But to give all candidates in [...]]]></description>
			<content:encoded><![CDATA[<p> <a href="http://www.wvobserver.com/wp-content/uploads/2010/05/may-2010-front-cover.jpg"><img class="alignleft size-medium wp-image-1724" title="may 2010 front cover" src="http://www.wvobserver.com/wp-content/uploads/2010/05/may-2010-front-cover-300x231.jpg" alt="may 2010 front cover" width="300" height="231" /></a></p>
<p><a href="http://www.wvobserver.com/wp-content/uploads/2010/02/politcaljunkie1.jpg"></a><em>In advance of the upcoming primary elections, </em>The Observer’s David Lillard<em> asked candidates for the County Commission, House of Delegates and W.Va. Senate to share their views on a range of topics. Because this is a primary race, we surveyed only the races in which there were intra-party contests. But to give all candidates in those races “equal ink,” we surveyed unchallenged candidates in the races we surveyed. So, if a couple of Democrats are facing off in a primary, we surveyed an unchallenged GOP candidate in the same race. In each race, the candidates are listed in alphabetical order by party.</em></p>
<p><strong> </strong></p>
<p><strong>County </strong><strong>Commission</strong><strong> </strong></p>
<p> In the race for the Shepherdstown District seat, incumbent Jim Surkamp faces two primary challengers in lawyers Ruth McQuade and Paul G. Taylor. Walt Pellish is running un-opposed for the GOP nomination.</p>
<p><strong>Democrats</strong></p>
<p> </p>
<p><strong>Ruth McQuade</strong></p>
<p><strong>www.mcquadeforcountycommission.com</strong></p>
<p><strong>Budget</strong>. The county’s budget is now approximately $20 million dollars, so it is critical that this money be spent wisely and carefully by the County Commission. We have to avoid the reccurring problem of the County Commission discovering monies in July after making cuts to the budget in March—which now seems to happen annually. Additionally, we cannot have a situation, as we did recently, when the County Commission suddenly discovered that one agency they oversee had $800,000 in unencumbered funds of which the Commission was unaware. To avoid these situations, as Commissioner I would make the following changes to ensure that the County Commission does a better job of projecting its expenditures and revenues: (1) prepare and implement a 5 year financial plan for the County; (2) require that the county agencies and elected officials submit work plans and financial statements very early in the budgeting process so that the County Commissioners have a complete understanding of the workings of the agency and how their monies are being spent; and (3) ensure that the county’s essential services are budgeted and paid for first before providing monies to agencies or groups for which the county does not have direct oversight or budgeting authority.</p>
<p><strong>Levy</strong>. Would you have voted for or against increasing the levy? I would have voted against increasing the levy.</p>
<p><strong>Zoning</strong>. First of all, I believe that the failure of the proposed zoning ordinance was due in large part to the manner in which the County Commission handled it. A draft zoning plan was issued to the public without fixing many of the document’s most obvious problems, and this did not engender trust by the public that the County Commission knew what it was doing. Second, the document itself was over 300 pages. I believe that we need to make any zoning changes as part of the county’s 2014 Comprehensive Plan, and do it in a way that includes greater public participation.</p>
<p><strong>Urgent Issues</strong>. The single most important issue facing Jefferson County is the widening gulf of mistrust between the County Commission and the voters. I have spent much of the last four months talking to voters. They feel that the County Commissioners spend too much time fighting among themselves, and even their own staff, and not enough time handling the county’s business. My first job will be to restore this trust and confidence. Acting civilly, collaboratively, and cooperatively with my fellow county commissioners, and with county employees will go a long way to restoring this trust and confidence.</p>
<p>The second and third most important issues of the county are the budget and economic development. I have already described some of the changes I would make to the budgeting process to ensure the financial health of the County. Equally important is the role the County Commission can make in the retaining of existing businesses and jobs in the county as well as attracting well paying jobs to the county. The county’s current unemployment rate is at 8%, and half of our county residents leave the county each day for jobs elsewhere. These figures have important consequences for our families. As your County Commissioner, I am committed to working closely with the Economic Development Authority to address these issues. I will also create an environment that is friendly to business and that when businesses appear before the County Commission, I will ensure that they are treated fairly, consistently, and respectfully.</p>
<p><strong>Motivation</strong>. What, personally, motivates you to seek office (or to stay in office)? Throughout my life and career in public service, I have always been motivated by the desire to better people’s lives, whether it’s by protecting their environment or their children. I want to continue to do that in an even broader way for the residents of Jefferson County.</p>
<p><strong>Closing</strong>. I want to bring more professionalism to the County Commission and to the management of county government generally. Sadly, the Commission all too often appears to be at war with other county elected officials, with itself, and even its own employees. This not only results in inefficiency, it often means increased costs to taxpayers from lawsuits, procedural delays and duplications of effort. As an attorney, and as an individual who has been involved in various aspects of government, I believe that I can bring a reasoned, practical, and non-emotional approach to county management. The Commission has a lot of work to do in the near future, and I see myself as a consensus builder who can help re-unite a very divided county. I learned as the 10th child in a family of 15, that the ability to get along with others was critical to achieving your goals, whether personal or professional. I also learned about honesty, hard work, and helping others. My parents taught us that all people are equal and should be treated with respect, regardless of income or circumstances. These same principles will guide my approach to county government.</p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<p><strong>Jim Surkamp</strong></p>
<p><a href="www.jimsurkamp.net">www.jimsurkamp.net</a></p>
<p><strong>Budget</strong>. Jefferson County Government is unique in this region and maybe anywhere in that it has no debt, and $7 million in a capital outlay fund, $4.3 million in successfully sought grant funds, and a new top notch County Administrator with considerable experience managing budgets four times the size of ours. There is a myth that the County has a budget almost the size of Berkeley County.Berkeley and Martinsburg together have a budget more than twice the size of Jefferson County’s budget.</p>
<p>The County Commission has set up a series of work session in the late fall to hear face to face department needs. That was not done in the past. Our budget officer sets guidelines before January for each department to prepare a budget at either flat levels of with a 5 percent cut.</p>
<p>A statewide procedural problem occurs when a County has a year-end surplus. After the state mandated budget is submitted in April, there comes an unknown sum of money as unencumbered balance that is known for certain in July. This creates misunderstandings. I think my fellow Commissioners should more accurately estimate that amount in advance. I think it will be over $2 million this year.</p>
<p><strong>Zoning</strong>. It is unlikely residents will be forced to pay for the costs of services to lots and lots of new homes because of the economy and because the county’s zoning presently allows only one dwelling for every fifteen acres in the agricultural zone which covers more than half the County. The three years of study were very productive in that we we able to write new subdivision ordinances that are now in effect. It is unfortunate a lot of incentives for farmers, home business were in the zoning ordinances that was voted down by the voters. We can continue to draw from the information of those studies to address water issues on the Mountain, historic preservation, and economic development, such as heritage tourism.</p>
<p><strong>Levy</strong>. I was the only County Commissioner of five to vote against an increase of the tax levy rate. It was not needed given our funds. All services, especially emergency and public health services can be maintained without going into the pockets of our citizens, particularly seniors and the poor, during these very uncertain economic times.</p>
<p><strong>Urgent Issues</strong>. 1) the quality of education, 2) the crisis of water and sewer politics, 3) being very careful with the people’s money. The issues are too complex to deal with in a few words here.</p>
<p><strong>Motivation</strong>. I have demonstrated my devotion to Jefferson County and its people steadily for twenty-seven years, be it in the the form of as an unpaid lay support person helping people grieving death losses in over 800 support group settings and making 10,000 phone calls between 1985 and 2004; making many hours of regionally-broadcast videos on the history of Jefferson County that are now all on You Tube (search “jsurkamp”); and fighting one huge planned development for 3200 homes with a lawsuit. I have no kids or grand-kids. So I serve this wonderful place and people in a way a person does who wants to leave it as their legacy to those who follow.</p>
<p><strong>Closing</strong>. I am not a lawyer with a practice and clients. This is not a second job for me. My only client has always been the people of Jefferson County and that relationship is transparent. I was deeply moved when I received an unsolicited letter (check contribution enclosed) from Beth Haney in Harpers Ferry saying, “You’re doing a great job . . . No one has kept their promises like you have.” That is my compensation. http://jimsurkamp.net to see my video.</p>
<p> </p>
<p><strong>Paul Taylor</strong></p>
<p><a href="http://www.paultaylor4commissioner.com">www.paultaylor4commissioner.com</a></p>
<p><strong>Budget</strong>. In order to fully answer this question, I’ll need a bit more study of the issue. However, here are some things I’ll be mindful of:</p>
<p>a. I would not be inclined to include the unspent funds from prior years in a new budget. In other words, I’d be inclined to treat those funds as a windfall and bank them for a “rainy day,” and not include them as a line item in the budget.</p>
<p>b. I would not be inclined to rely too heavily on gambling revenue. It can ebb and flow, depending on economic conditions. Again, I’d be inclined to hold at least part of that revenue in reserve.</p>
<p>c. All agencies seeking funds from the commission should be willing to open their books in justification of funding requests. Otherwise, it is unfair to both the commission and the more needy agencies for the commission to provide funding in the dark.</p>
<p><strong>Levy</strong>. It’s always easy to play arm-chair-quarterback after the fact. Hindsight is usually 20/20. Anyway, this is a tough question, and I’m reluctant to second guess the people that really studied the issue more than me. Economic conditions being what they are, the commission had to make some tough decisions regarding all the hungry mouths to feed. I have to confess that I don’t really understand raising the levy when home prices have dropped. </p>
<p>We need to make our county more business friendly. As new businesses/employers come to the area, it should relieve the tax burden on individual homeowners.</p>
<p>I direct your attention to the points I made regarding the budget question you asked. I will also add this: perhaps it would be benficial in the budgeting process to begin trying to come up with budget forecasts. Hopefully, this will give some idea of what to expect in planning a budget and avoid the mad scramble and tough decisions that are made under the current budgeting practices. It should help avoid raising taxes.</p>
<p><strong>Zoning</strong>. Ah, the hot topic of the last few years.</p>
<p>The current economy has, temporarily, thrown a wet blanket on this issue. However, when the economy rebounds (as it will), this issue will heat up again.</p>
<p>Look, we can’t build a wall around the county and blow the bridges to keep people out. We all love this place; that’s why we’ve made it our home. Our county has historical sites that should be preserved and promoted. Of course, we have beautiful open spaces that should also be preserved. I love the view out my back door of Fruit Hill Farm. I hope it never changes. We should try to also preserve the agricultural aspects of our home.</p>
<p>However, growth will come; it is inevitable. I beleive it’s wrong to stifle growth and stagnate. Growth has its benefits, too. For example, it should provide jobs and tax revenue.</p>
<p>I don’t like labels. They often don’t fit or are black and white when they should be some shade of gray. If you want to label me, I’d say I favor balanced growth. That is, we need to develop a mechanism that is fair and balanced in dealing with growth in our area. It should preserve what we love about the area and at the same time direct growth in a way that benefits our economy. Zoning that is balanced can help us accomplish that goal.</p>
<p><strong>Urgent Issues</strong>. Based on the newspaper headlines today and in the recent past, we need to restore faith and confidence in county government. Let’s stop the pursuit of personal agendas. Let’s stop micro managing county government. Let’s stop the infighting that is detrimental to the democratic process. County government has become so strident and shrill. To quote Rodney King as he spoke while Los Angeles was burning: “Can’t we all just get along?”</p>
<p><strong>Motivation</strong>. It sounds corny, but I’m running for county commission out of a sense of responsibility. I don’t like the direction the county is heading. I don’t like the inefficiency in county government. I know I can do a better job.</p>
<p><strong>Closing</strong>. Thanks for this opportunity to share my thoughts with you. Power to the people.</p>
<p><strong> </strong></p>
<p><strong>Republican</strong></p>
<p><strong>Walt Pellish</strong></p>
<p><a href="http://www.waltpellish.com">www.waltpellish.com</a></p>
<p><strong>Budget</strong>. The existing budgeting process makes the assumption that the current year’s budget is a good one. I don’t accept that assumption. My business experience has taught me that a budget should be zero based, with the current year and prior year expenditures used as reference points. Each line item needs to be evaluated both for amount and necessity. Needs change each year. In tough economic times you must evaluate necessities versus “like to have.” Some good projects may need to be delayed until funds are available. Consulting fees, studies, and legal fees need to be scrutinized and minimized. Targeted spending cuts, not across the board cuts, should be implemented. The safety of our residents is paramount. We should not be cutting the budgets of fire and emergency departments just because we are cutting other departments. Each department’s budget should be evaluated independently. That does not mean we assume that their current budgets and spending are correct.</p>
<p><strong>Levy</strong>. I would not have voted to increase the levy. We already pay a significant amount of taxes. We should not have to pay more taxes because of the economy, and decreasing home values causing a decrease in overall government revenue. In our personal lives, and in the business world, if income decreases than spending must be reduced. We cannot magically create new income. As responsible elected officials we need to reduce spending as discussed above. We can help minimize this type of problem in the future by attracting new business to the county, which broadens the tax base and takes financial pressure off of the residents. That is how you broaden the tax base! A broader tax base will help Jefferson County residents.</p>
<p><strong>Zoning</strong>. I believe in good, reasonable, common sense zoning. We need to work together to improve the existing ordinances, using a balanced approach and common sense. Existing ordinances are not broken beyond repair. We need to explore all available options and work them into a plan that works for all residents. No one group has all the answers. I advocate amendments that promote protection of open space without taking away property rights. Reasonable zoning will benefit all residents, not just a few.</p>
<p><strong>Urgent Issues</strong>. The three most important issues are jobs, jobs, and jobs. The Commission needs to become business friendly and welcoming. We have so many great things to offer businesses to move and grow here, not the least of which is our skilled dedicated workforce. Let’s get our thousands of commuters off the trains and roads, and keep them here. We need to help business candidates get here by being proactive in their due diligence. We should not be a traffic cop directing an approval process; rather, we should say, “what can we do to help you make the right decision and come to Jefferson County?”. We can bring new, clean, safe business to our County. We need to be innovative and help entrepreneurs. A revolving loan program administered by our local banks, a concept which is currently being explored by the Development Authority, can be an excellent tool to attract and grow business. Taking this new approach will broaden our tax base and help resolve budgeting problems. Finally, we need to build a closer alliance with educators. One of the first questions businesses ask about a potential new location concerns the quality of the education systems. We need to help educators understand the types of employees and kinds of courses businesses need. I know how to do that, and in fact, have been working with educators via the Gateway New Economy Council.</p>
<p><strong>Motivation</strong>. I love this County and want to help improve the lives of our residents. We have a golden opportunity to change our way of governing the County. We need to work together as a team with common goals. My Human Resource skills and business management experience can help achieve that. I will listen to all points of view with respect, and treat all residents and employees with dignity as we address and resolve issues.</p>
<p><strong>Closing</strong>. It’s time for fresh ideas and new leadership in our governance of Jefferson County. I have a proven track record of leadership and management both in the business world and in the County. I am very active in addressing issues in the community. I serve on the WVU-East Hospital Foundation Board, and the Gateway New Economy Council. In the past, I served on the United Way Board, the Senior Center Board, and was a founding member of the Jefferson County Education Foundation Board. I served at the State level as a board member on the Industrial Council for Workers Compensation.</p>
<p>I know how to get things done, and involve people to consider all points of view. I welcome your feedback, and respectfully request your support and vote.</p>
<p><strong> </strong></p>
<p><strong>House of </strong><strong>Delegates</strong></p>
<p> </p>
<p>In the 57th District, incumbent John Doyle has a primary challenger in Lori Rea, executive director of the Gateway New Economy Council. For the GOP nomination, Elliot Simon faces the often hard-to-find Shepherd U. freshman Donny Jones.</p>
<p> </p>
<p><strong>Democrats</strong></p>
<p><strong>Del. John Doyle, </strong></p>
<p><a href="http://www.keepdoyle.org">www.keepdoyle.org</a></p>
<p><strong>Tort Reform</strong>. We passed Medical Malpractice reform early in this decade. We no longer “stick out like a sore thumb” compared to neighboring states. We passed some insurance reform four years ago, which I think has accomplished the same purpose for the insurance market. I think we’ve done enough.</p>
<p>While we should not be more “anti-business” than our neighbors (all of whom are larger and more economically powerful than West Virginia), we must not go so far to appease business that we fail to protect workers or consumers. I think we now have the right balance.</p>
<p><strong>Collective Bargaining For Public Employees</strong>. I support this, with three caveats. Any collective bargaining law we pass must contain an effective “no-strike” clause. It must give the Legislature final say on any financial implications. And it must provide for localized bargaining units. For example, Shepherd University employees should be a separate bargaining unit; they should not be grouped as a bargaining unit with all higher education employees statewide.</p>
<p><strong>Intermediate Appellate Court</strong>. We need such a court to guarantee that the loser in circuit court be guaranteed at least one appeal. To me, fairness dictates we should get a “second opinion” if we want one. An objection is the cost—opponents say it will cost $5 million or more. I’ve been on the Finance Committee for 18 years and I’m convinced we could do it for considerably less.</p>
<p><strong>How We Elect Judges</strong>. The present system of partisan judicial elections makes no sense. A judge is supposed to be a neutral arbiter, the person with the whistle assigned to call fouls evenhandedly. Yet we require any person who would be a judge to declare a fundamental partisanship the moment he or she seeks the position. I prefer either non-partisan elections, appointment or a combination of the two over the present system. I voted for public financing of Supreme Court races and I favor public financing for all offices on the ballot.</p>
<p><strong>Jobs and the Economy</strong>. The Eastern Panhandle is ripe for increased high-tech jobs, which comprise a large percentage of the jobs that will be created in the forseeable future. Statewide, we must get many more West Virginians some college study under their belts before most of our state will be attractive for these types of jobs.</p>
<p>The entire state, including the Eastern Panhandle, is ripe for an immediate major increase in tourism jobs. Increased tourism could be a bridge to a high-tech future. Stronger land-use laws would help this effort immensely.</p>
<p>I’ve sponsored efforts, some of which have been adopted, to increase both high-tech and tourism jobs.</p>
<p><strong>Urgent Issues</strong>. There are three. They are tax reform, land use, and improved education from kindergarten to graduate school.</p>
<p>As a member of the Finance Committee I’ve been a leader in fights to eliminate both the business franchise tax and the sales tax on food. This is being done gradually, so we don’t knock a big hole in the budget all at once.</p>
<p>A few years ago, after the Legislature passed an unfunded Farmland Protection Act, I found a stable funding source for that program. This year I worked with Jefferson County’s delegation to neuter a bill which would have interfered with Jefferson County’s ability to operate its own zoning ordinance.</p>
<p>A few years ago, I led the fight to require civics education for all students in our high schools. I also led the fight to create our community college system and to make more master’s degree programs available to West Virginians.</p>
<p><strong>Motivation</strong>. Fair treatment of Jefferson County in all areas of public policy is my primary, but not my only, motivation. We live in an area of the state that is alternately ignored or discriminated against, so any representative of our area must focus more on local questions than is the case with representatives of other areas of our state. I also very strongly believe that West Virginia could be more economically successfult than it has been. I have worked hard toward making our state more successful, and will continue to do so if re-elected.</p>
<p><strong>Conclusion</strong>. Service in the Legislature is about a lot more than passing bills with your name on them. Preoccupation with that is indicative of an ego trip. The one quarter of us who serve on the Finance Committee spend more time with budgets and appropriations than we do working on bills &#8211; that’s our job. I’ve helped secure two grants worth $200,000 to save part of the Shepherdstown Battlefield. I’m about saving the whole thing. I led the fight to get $6 million in economic development money to build Washington HIgh School &#8211; it’s the only high school in the state built even in part with economic development money</p>
<p>If I’m re-elected, I’ll continue to work to budget properly and pass any bill I think is good, no matter who the sponsor is.</p>
<p> </p>
<p><strong>Lori Rea</strong></p>
<p><a href="http://www.Reafordelegate.org">www.Reafordelegate.org</a></p>
<p><strong>Tort Reform.</strong> Several reforms that can help restore balance include stopping “litigation tourism,” enforcing consequences for frivolous lawsuits, stemming abuse of consumer laws, ensuring that pain and suffering awards serve a compensatory purpose, and strengthening rules to promote sound science.</p>
<p><strong>Collective Bargaining.</strong> I am opposed to collective bargaining for public employees because I believe it would lead to:</p>
<p>• Increased costs for state government to administer such a system resulting in significant tax increases.</p>
<p>• A decrease in the effectiveness of the associated agencies to carry out their mission effectively.</p>
<p>• Increased opportunity for service disruption to the citizens.</p>
<p>• The development of policy by professional arbitrators unfamiliar with our area.</p>
<p>Our state would be forced to develop a sophisticated labor relations bureaucracy.</p>
<p>The real question is: Would the taxpayers get anything more for their money?</p>
<p><strong>Appellate Court</strong>. Our state needs an appeal change of one sort or another. Here are the semantics: a “right of appeal,” which currently exists, means that any party has the right to appeal a judgment, but not necessarily a decision on the merits. In opposition, an “appeal as of right,” like the Chamber of Commerce wants, means that one has the right to appeal and to receive a decision on the merits of the appeal. The WV State Supreme Court explained that their caseload is declining; the establishment of an intermediate court would cost about $10 million per year; and would add significantly to the time required for an appeal. If they would change to an “appeal as of right,” expanding the court if necessary to accommodate the increased case load, we might please most and save some money. Otherwise, let’s go forward with an appellate court.</p>
<p><strong>Judicial Elections</strong>. I definitely believe that we should have non-partisan election or appointment of judges. This change will also enhance our economic development prospects by ensuring a level-playing field for the business community.</p>
<p>The idea of public financing for judicial elections seems like a positive idea at first. It would seem to remove any suggestion that only the wealthy can get elected, or even worse, that big business can “buy” a judge. However, the fact that participation is optional means it falls short of achieving the desired controls.</p>
<p><strong>Jobs &amp; the Economy</strong>. Our future lies in training the next generation of innovators. We cannot spend our way out of this bad economy. We must innovate our way out of it. All our universities must promote research, inventions and patents, and ntellectual property, we must eliminate barriers to business creation and foster a willingness to accept risk and sometimes failure. We must begin today to plan for the day that our existing statewide industries are gone. How can we train workers for green business opportunities?</p>
<p><strong>Urgent Issues</strong>. If we remain at the bottom of the poverty list, or the list that gauges the percentage of those without college degrees, we diminish our greatest asset: our human capital. In the end people are the resource that makes everything else happen. Why tolerate any legislator who is either unwilling or unable to stimulate economic growth, improve health and safety, decrease poverty, protect our environment or enhance education? A legislative record cannot be ignored. Does your legislator put forth bills that address the barriers to a healthier, more-stable economy. If not why not? The status quo is inadequate and we can do better. How to address this ? Elect legislators that accomplish our objectives; demand excellence in everything we do; encourage business development at every turn; treat education as a top priority.</p>
<p><strong>Motivation</strong>. My constituents live next door, down the street, around the corner. They’re my friends, my neighbors, my coworkers. I see them at the Food Lion, the post office, the gas station. I’m not likely to forget that these people elected me. They’ll still be my local farmer, my mechanic, my shop keeper  after they elect me. They’ll still be the backbone of this community. They’ll still be at the forefront of all my decisions. But I want to give them the kind of representation I always wished I had. In the end, its’ always about people &#8211; not policy! Achieving my community’s fullest possible potential is my motivation.</p>
<p><strong>Closing</strong>. Readers, I ask that you do consider each candidate’s position on the issues. But also consider the issue of effectiveness. What good will it do if you agree with a candidate on every single issue, but they are unable to covert opinion into executed action? If your Delegate is not effective, agreement matters little. Being ineffective diminishes our access to the fullest possible representation. It limits our success in Jefferson County. Elect people who can affect positive improvements for our citizens!</p>
<p> </p>
<p><strong>Republicans</strong></p>
<p><strong>Elliot Simon</strong></p>
<p><a href="http://www.simonfordeleagate.com">www.simonfordeleagate.com</a></p>
<p><strong>Tort Reform</strong>. I still think that we still have a long way to go. West Virginia continues to have a negative reputation with regard to our legal system. I believe that we should change the way judges are selected. The best way would be to have judges appointed. Many states nominate judges either through the executive branch or by a panel through a peer review process. An intermediate step might be to have judges elected in a non- partisan election. </p>
<p><strong>Collective Bargaining</strong>. No.</p>
<p><strong>Intermediate Appellate Court</strong>. 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 change our court system by adding an intermediate appellate court? Why or why not? I believe that the time has come to acknowledge the right of appeal in West Virginia. While I am hesitant to add additional cost to the system, justice is something that is worth paying for. There are other steps that might be taken to mitigate the strain on the system. The goal of any society is to hold all parties accountable for their actions, while encouraging amicable settlement of differences. To this end, many states have set up efficient arbitration mechanisms. Many states have small claims courts that encourage people to keep their claims in proportion to the damages.  Another approach might be to establish a business arbitration system for business related cases. This might encourage parties to settle their differences amicably. </p>
<p><strong>How We Elect Judges</strong>. This was part of my response to the question of tort reform. We should change the way judges are selected. Ideally, appointment is the best way to go. Many states have the executive branch select candidates that are then submitted to a panel for peer review. The candidates are then submitted to the legislature for confirmation. The process for selecting United States Supreme Court justices is similar. I think it might be awkward if the Supreme Court justices ran for office every few years. Short of that, non partisan elections would be an improvement. </p>
<p><strong>Jobs and Economy</strong>. What strategies will help transform West Virginia’s economy from our current status as “a poor state” to one with diverse economic opportunities? Our state has the lowest long term economic growth rate of any state in the nation at 1.4%, and yet we continue doggedly to pursue the status quo. Our per capita income relative to other states peaked in 1934 at 30th in the nation. It has been at or near the bottom ever since. The size of our government is out of balance with regard to the size of our state and its population. We need to modernize our tax structure, continue to pursue tort reform and to enact sunset procedures for ineffective regulation.</p>
<p><strong>Urgent Issues</strong>. The economy and jobs! According to many experts, the tax structure of West Virginia undermines the highway signs that say, “West Virginia, Open for Business.” The tax that is the biggest job killer is the property tax on business including machinery and inventory. The reason that this is such a job killer is that it builds in additional risk for businesses operating in West Virginia. A property tax must be paid whether or not there are any profits. It must be paid whether or not there are any revenues! This is a non starter for most businesses. In fact, in recent years, in order to attract job creating businesses to West Virginia, there have been notable circumventions of this tax.</p>
<p>The size of government. I believe we should have limits on the growth of government. If the West Virginia economy and population were growing, one might be able to make a case that the government might have to grow in proportion to that growth. I personally believe that government should be able to achieve economies of scale that might allow it shrink instead of grow. There are perverse incentives that encourage government to grow at tax-payer expense. But what are the limits? Many states have enacted Tax and Expenditure Limits (TEL) legislation that limit the rate of growth of the state government to the rate of growth of the population plus inflation — otherwise known as “popflation.” How has West Virginia done in this regard? During the years of 1990 through 2004 the rate of growth of the West Virginia state government was nearly twice that of “popflation.”</p>
<p><strong>Motivation</strong>. I am extremely concerned with the recent direction our economy has taken. This is due in part to what has happened in Congress over the last several years. However, West Virginia has followed similar policies for 80 years. It’s time for change. I believe that we can improve the standard of living and quality of life for all West Virginians by adhering to sound common sense policy and good economic principles. I’m involved in our community, and I would like to take that involvement to the next level in service to my fellow concerned citizens. </p>
<p><strong>Closing</strong>. Throughout my campaign, one of the things that voters tell me is that they want to be informed with regard to what goes on in Charleston. We live in the Information Age, and I believe that the exchange of information between legislators and constituents is vital. You can find out about my campaign by visiting my website at www.simonfordelegate.com. Please contact me with regard to questions or concerns at 304-591-8610 or simon@simonfordelegate.com.</p>
<p> </p>
<p><strong>Donny Jones</strong></p>
<p>We attempted to reach this candidate but could locate no phone number or email address. He is a freshman at Shepherd University who enjoys playing guitar in his spare time. His website is http://<a href="http://www.donnyjonesfordelegate.com.">donnyjonesfordelegate.com.</a></p>
<p><strong> </strong></p>
<p><strong>WVa. </strong><strong>Senate</strong><strong></strong></p>
<p> </p>
<p>Senator John Unger, incumbent in the state’s 16th District faces a primary challenge from former Delegate and Berkeley County Commissioner Patrick Murphy. Delegate Craig Blair, District 52, is running unopposed in the Republican primary.</p>
<p> </p>
<p><strong>Democrats</strong></p>
<p> </p>
<p><strong>Patrick Murphy</strong></p>
<p>304-263-0586</p>
<p><strong>Tort Reform</strong>. The April 5 mine disaster shows how what was once treated as tort should now be addressed as criminal. Watching frightened miners speak in secrecy, hearing reports that paying fines for safety infractions was better business than repairing the same, and seeing full-page adds by Massey in our local papers for their newfound concern convinced me that the Sago legislative reforms were just another example of Big Coal on a Roll in West Virginia.</p>
<p>We need to criminalize blatant safety violations and extract one’s freedom when they harm or exterminate lives for profit. How many limbs and lives must we ask West Virginians to lose?</p>
<p><strong>Collective Bargaining</strong>. I support collective bargaining for public employees. Educational processes should be bargained at the county level. We have to lift certain code sections like 18A-4-5, which limits to 10 percent the statewide salary differences for school employees. Jefferson county has the highest salary gap with any neighboring state’s school system. If our students are to be afforded the same educational opportunity as other students in West Virginia, their local communities must have a chance of recruiting and retaining quality instructors.</p>
<p><strong>Intermediate Appellate Court Expansion</strong>. The West Virginia Supreme Court requested an opportunity to make internal changes after having public hearings. We should respect their request. I am reluctant to expand any branch of government in general—especially in these economic times. An expanded appeal process would add local taxpayer costs. It would prolong the contentious legal process, and require adding prosecuting-office staff.</p>
<p><strong>How we elect judges</strong>. We need a two-tier election process for judge selection. It could be on a non-partisan model. You should narrow the field in the first round down to the top two candidates, then let them “joust” for the bench seat.</p>
<p>I am reluctant to see public financing for judges. One solution would be an instant political-donation disclosure process via the internet.</p>
<p><strong>Jobs and Economy</strong>. In the 1980s when I served in the House of Delegates, West Virginia attempted to capture the Golden Ring—the proposed Saturn plant. The attempt led to changes in our code which were positive, like the location of Quad-Graphics printing. The recent Inland Port Authority activity at the regional airport is another outgrowth of that period. In 1989, I sponsored HB 2695, which created a state Port Authority. Twenty years later, quiet plans are being put together to generate a business venture which will employ local folks through the mechanics this law created.</p>
<p>We need to convince Charleston to allow normal state taxes to be left in the generating area and reinvested for business development and infrastructure needs. I am not advocating this just for roads, but for broadband, equipment for research and industrial development, and support services. Small start-up rotating seed funds or micro loans should also be explored.</p>
<p>Finally, we need a quality local Research Center. If we can network our hospitals with WVU, then we could put our local commuting talent into state-of-the-art research studies rather than on the morning train. We need to involve our local colleges along with the wealth of talent residing in our communities.</p>
<p><strong>Urgent Issues</strong>. We are treated like West Virginia’s aphids who are being milked by the Charleston ants. We need to restore local educational management to the board we elect and the educators we employ. Our state BOE is unaware of our local problems. I advocate that the BOE be elected in a nonpartisan manner with one member from each senatorial district. Their rules should be under legislative review like other agencies. It is wrong for a local teacher to be told she can’t show a bathroom break on her daily schedule because some other minimum instructional mandates will be shortchanged. A line of honesty and common sense is crossed when our teachers must falsify reality to meet Charleston administrative nonsense. Our teachers should not be forced to give one moment’s time for garbage coming out of Charleston.</p>
<p><strong>Motivation</strong>. Problem solving is one of my reasons for running. For example, I would like to see two dozen of our willing school bus CDL drivers given a chance to bid through their seniority process to be cross-trained to drive snow plows. We have some serviceable surplus snowplows in Buchannon which could be driven by our local bus drivers who know the secondary roads like the back of their hands. We could get the roads open before they become hard-packed with ice. The local highway department would continue to hit the primary roads and shift to the secondary like they normally do which would remain to be plowed. The added cost is minimal for the bus drivers compared to the cost for each day our schools are closed, the community is in gridlock, and emergency travel is impaired by impassible roads. The state could pay for the fuel and salt like they would if they plowed the entire system. Liability issues would need to be addressed by statute. We need to find solutions with existing resources, and not allow turf barriers limiting our vision for problem solving.</p>
<p> </p>
<p><strong>Senator John Unger</strong></p>
<p>Email: SenatorUnger@verizon.net</p>
<p>Phone: 304-263-5488</p>
<p><strong>Tort Reform</strong>. Several years ago, West Virginia implemented major medical malpractice reforms that meant to keep and attract quality physicians to our state. We should take a look at the results and impact this legislation has brought to our state. We should also continue to look at ways to make West Virginia more competitive economically while increasing workplace safety and enhancing the quality of life for all West Virginians.</p>
<p><strong>Collective Bargaining for Public Employees</strong>. Collective Bargaining for Public Employees has been discussed in the legislature, but has not been acted upon. This is just one of a number of things the legislature has been considering in the past several years. It is important that we continue to strive and put policies in place that will foster better labor-management relations within state government. Our state and local government employees are one of our greatest assets. We should ensure that they have competitive wages and benefits so we can continue to attract and retain the best talent to serve our people.</p>
<p><strong>Intermediate Appellate Court</strong>. This past session we passed legislation that would allow the West Virginia Supreme Court to create business courts that would have specialized judges that could expedite business cases and ease pressure on the other courts with heavy criminal and civil caseloads. This change should make our court system more efficient. Even though business courts will help our court system, West Virginia still has the problem of only having a few appeals heard by the Supreme Court. Therefore, we should continue to look at creating an intermediate appellate court.</p>
<p><strong>How We Elect Judges</strong>. Most states have judicial elections. These judicial elections are important because our judges make decisions that affect all parts of our lives. Our judges should make fair, unbiased decisions based on law in each case. We expect them to be independent from political and economic influences so have a judicial system that we all can trust.</p>
<p>Opinions vary on if judges should be selected or elected. There is concern that the judicial system is subject to the influence of political forces and money that come along with elections. Also, there is a strong commitment in to keep the power of judicial elections in the hands of the people.</p>
<p>The election of judges should stay in the hands of the people. We should do everything possible to eliminate any political and economic forces that would influence judicial rulings. Without the rule of law being upheld and trusted by the people, democracy and economic development cannot be sustained in our society. This past legislative session we passed legislation that would set up a pilot program to allow public financing in Supreme Court races. The purpose is an attempt to minimize the influence of money in these races. Although there have been discussions on making judicial elections non-partisan, there hasn’t been any legislation passed yet. This should be the next thing the legislature addresses. Judicial candidates should be more forthright in communicating and addressing their qualifications and legal philosophy to the voters.</p>
<p><strong>Motivation</strong>. We need to elect servant leaders who have vision to see beyond just politics, and who have understanding of the concerns of the people. They need to be willing to take strong innovative actions to solve problems. In other words, we need servant leaders who will take what Theodore Roosevelt called, “the long look ahead.” I strive everyday to be that servant leader. With your support and with us working together, we will bring a better, brighter tomorrow to West Virginia.</p>
<p><strong>Jobs and Economy.</strong> In today’s economy, there is a lot of concern for our future. The world around us continues to change. This change brings uncertainty to our families that could lead to fear. However, this change could also bring opportunity and hope to our state.</p>
<p>These economic and technological advances can emerge as opportunities for our country and state in a new energy economy. This new energy economy will be a major test for our state and opportunity to creation good, quality jobs in decades to come.</p>
<p>As your state senator, I have focused my energy on and will continue to fight for families and children in Jefferson and Berkeley Counties. We need more investment in our state’s educational system, improved transportation and infrastructure, and financial security that gives us a foundation to build, innovate and improve the quality of life for all West Virginians.</p>
<p>An excellent education is absolutely essential for success in this new energy economy. In order to prepare our students for these challenges, our schools must provide an education that emphasizes both skills and creativity. This starts with our teachers. We must ensure that our teachers have the tools and much needed support to excel in the classroom. We must be more competitive in attracting and retaining highly qualified and motivated teachers by giving them competitive salaries and financial security through benefits.</p>
<p>This new energy economy poses many challenges for workers and their families. While incentives for economic growth and innovation are important, we must also ensure that our workers are empowered through quality jobs with good wages and benefits (i.e. health and retirement security). As Chairman of the Senate Transportation and Infrastructure Committee, I continue to strive to help working families. With the creation of the Division of Energy and the Broadband Deployment Council, we are looking at expanding and attracting quality green energy jobs and innovative technology jobs to West Virginia.</p>
<p><strong> </strong></p>
<p><strong>Republican</strong></p>
<p><strong>Craig Blair</strong></p>
<p><a href="http://www.electcraigblair.com">www.electcraigblair.com</a></p>
<p>I am a four-term legislator who strongly believes in term limits, and who is now seeking the higher office of State Senate, District 16 (Jefferson-Berkeley). I am a native of the Eastern Panhandle who owns and operates Sunset Water Services, a local water treatment company. I am married with two children.</p>
<p>My legislative efforts were strategic in the Reform of Workers’ Compensation, Automotive Privilege Tax, and Reducing the Food Tax.</p>
<p>My focus has been and will continue to be good jobs, reducing government waste and lowering taxes. Simply stated, government (politicians) cannot create private sector jobs. The creation of government jobs increases bureaucracies that require employees, but these jobs often hinder expansion in the private sector. Government jobs are funded with tax revenues generated solely from the private sector. Government’s role should be limited to performing the tasks that citizens alone cannot, such as security, infrastructure, education and judicial systems.</p>
<p>In West Virginia our economy is out of kilter because of a Constitution born out of our secession from Virginia (1862 &amp;1872) and then compounded by a Depression era rewrite of the West Virginia Code (1931) which frequently places our state at a competitive disadvantage with our surrounding states, as well as nationally and globally.</p>
<p>Over the years, laws have been written to circumvent this outdated framework and this convoluted statute has literally choked off any opportunity for prosperity and improvement. In the Eastern Panhandle it becomes more evident when so many of our residents go out of state to seek gainful employment. Most manufacturing industries have left our state, especially in the Eastern Panhandle. We must remember that the two most mobile things in any economy are capitol (funding) and labor (workforce).</p>
<p>With that said, there are improvements that can be made that will raise the average West Virginians’ salary (which nationally is near the bottom). Let’s also remember that productive taxpayers are not revenue stream liabilities. In many areas of the state, your tax dollars are being used to subsidize the unemployed or the underemployed workers because their job opportunities have vanished.</p>
<p>Our education system generates young, talented adults who then leave our state because of lack of employment. Higher wages and gainful employment will do more for our citizens than any other economic improvement. Education, personal income and tax revenues will all improve dramatically.</p>
<p>Here’s how we get there . . .</p>
<p>West Virginia’s judicial system continues to hinder economic growth. The lack of appellate review places defendants at a disadvantage and the judiciary generally favors local plaintiffs over out-of-state corporate defendants thus deterring future capital investments.</p>
<p>Prejudicial trial plans often stack the deck and place excessive pressure on defendants to settle claims even when the case lacks merit, thus increasing the cost of doing business and driving up the cost of insurance coverage.</p>
<p>There are also frequent departures from accepted tort standards like the cash awards for medical-monitoring without physical injury and allowing claims outside the no-fault workers’ compensation system.</p>
<p>Another issue within the judicial system is how judges are elected. School Board members are non-partisan positions because partisan politics has no place in education. The same goes for the election of judges. Justice should be without prejudice, both perceived and real. Basically, West Virginia’s court system should have one responsibility which is to dispense justice while rendering damaged parties whole without fostering lottery mentalities.</p>
<p>Next, we must eliminate the Personal Property Tax on equipment and machinery. This “job killer” tax must be eliminated. We must also accelerate the elimination of the Business Franchise Tax and reduce the Corporate Net Income Tax to the national average. There will be a short term reduction in tax collections which will yield long term increases in employment which in turn puts a greater demand on the workforce which then drives up worker earnings. During this process, government will become a leaner, more efficient and cost effective entity. This approach to government works well in Virginia and it will work well in West Virginia.</p>
<p>My motivation for seeking the position of State Senator is to continue to push for reforms as previously described. Make no mistake, I believe that government should help those who can’t help themselves, but not those who won’t help themselves. I have one special interest group &#8212; the people who go to work, pay their taxes and provide for their family. Our citizens deserve the respect of good, honest and efficient government.</p>
<p>It’s been an honor and privilege to serve the residents of the Eastern Panhandle these last eight years. With your trust and support, I will continue to be your strong, effective voice in Charleston. We can do better, together. Please feel free to share your comments or ideas by calling my cell phone at 304-671-9363 or email: craig@craigblair.com.</p>
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		<title>EPA Moves To Block Mining Permit</title>
		<link>http://www.wvobserver.com/2010/03/epa-moves-to-block-mining-permit/</link>
		<comments>http://www.wvobserver.com/2010/03/epa-moves-to-block-mining-permit/#comments</comments>
		<pubDate>Tue, 30 Mar 2010 23:47:04 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[From The Paper]]></category>
		<category><![CDATA[Staff Blogs]]></category>
		<category><![CDATA[coal]]></category>
		<category><![CDATA[EPA]]></category>
		<category><![CDATA[mountaintop removal]]></category>
		<category><![CDATA[Spruce]]></category>
		<category><![CDATA[West Virginia]]></category>

		<guid isPermaLink="false">http://www.wvobserver.com/?p=1617</guid>
		<description><![CDATA[ 
The U.S. Environmental Protection Agency (EPA) announced a proposal under the Clean Water Act to restrict or prohibit mountaintop mining at the Spruce No. 1 surface mine in Logan County, W. Va. The project was permitted in 2007 and subsequently delayed by litigation. The EPA says Spruce No. 1 mine would bury over seven miles [...]]]></description>
			<content:encoded><![CDATA[<p> </p>
<p>The U.S. Environmental Protection Agency (EPA) announced a proposal under the Clean Water Act to restrict or prohibit mountaintop mining at the Spruce No. 1 surface mine in Logan County, W. Va. The project was permitted in 2007 and subsequently delayed by litigation. The EPA says Spruce No. 1 mine would bury over seven miles of headwater streams, directly impact 2,278 acres of forestland, and degrade water quality in streams adjacent to the mine.</p>
<p>Last year  EPA launched a review into applications for permits allowing mountaintop removal. It’s a process in which the top of a mountain is removed by blasting, to expose underlying coal seams. Excess rock and soil is dumped into valleys and streams, and has been found to pollute rivers and water supplies. </p>
<p>Spruce No.1 mine is one of the largest mountaintop removal operations ever proposed in Central Appalachia. According to EPA, the proposal comes after extended discussions with the company failed to produce an agreement that would lead to a significant decrease of the environmental and health impacts of the Spruce No. 1 mine. If finalized, the veto would invalidate the Army Corps of Engineers’ permit for the Spruce No. 1 surface mine in southern West Virginia that was first issued in 2007.</p>
<p>“We are so glad to see the Obama administration based its decision on sound science,” said Dianne Bady, co-director of the Huntington, West Virginia based Ohio Valley Environmental Coalition.</p>
<p>The proposed determination is being published in the federal register and EPA is taking public comment for 60 days. EPA is scheduling a public hearing in West Virginia to provide an additional opportunity for public input. If the veto stands, it is expected to touch off another round of litigation that could last years.</p>
<p>The Clean Water Act authorizes EPA to restrict or prohibit placing certain pollutants in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in “unacceptable adverse impacts” to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the CWA. A final decision to restrict or prohibit the Spruce No.1 mine will be made in EPA Headquarters based on a recommendation from the Regional Administrator, public comments, and discussions with the Army Corps of Engineers and the Mingo Logan Coal Company.</p>
<p> “Coal, and coal mining, is part of our nation’s energy future, and for that reason EPA has made repeated efforts to foster dialogue and find a responsible path forward. But we must prevent the significant and irreversible damage that comes from mining pollution —and the damage from this project would be irreversible,” said EPA Regional Administrator for the Mid-Atlantic, Shawn Garvin. “EPA has a duty under the law to protect water quality and safeguard the people who rely on these waters for drinking, fishing and swimming.”</p>
<p>EPA has used its Clean Water Act veto authority in just 12 circumstances since 1972, and never for a previously permitted project.</p>
<p>The proposed determination identifies potential adverse impacts associated with the Spruce No. 1 project. According to EPA’s findings:</p>
<p><strong>Fish and Wildlife Impacts</strong>. Mining waste put into headwater streams will impact fish and wildlife which depend for all or part of their lifecycles on these headwater systems. Ecosystem functions performed by headwaters are lost when the headwater stream is buried or removed. These functions are lost not only to the headwater stream itself, but also to downstream aquatic ecosystems. </p>
<p><strong>Water Quality Impacts</strong>. EPA says the mine would cause adverse impacts to drinking water, native aquatic and water-dependent communities in the Spruce Fork watershed. Drainage from the Spruce No. 1 project is likely to include high levels of total dissolved solids (TDS) and selenium. Scientists say these cause birth defects in fish and other aquatic life. They also can result in toxic effects to embryos, resulting in abnormal development or death for those organisms.</p>
<p><strong>Mitigation Impacts</strong>. The project’s mitigation plan inadequately evaluates the nature and extent of mining related aquatic impacts and therefore fails to replace streams’ lost ecological services. Natural stream channels buried by mining will be replaced, in part, by ditches being built to drain stormwater off of the mine, not to compensate for natural stream losses. These ditches will also drain water contaminated by mining into streams adjacent to the mine.</p>
<p><strong>Cumulative Mining Impacts</strong>. EPA believes that the Spruce No. 1 project, in conjunction with other mining operations either under construction or proposed for the Coal River basin, will contribute to the cumulative loss of water quality, aquatic systems, and forest resources. The Coal River basin is already heavily mined and substantially impaired. Landscape and site specific assessments reveal that past and current mountaintop mining has caused substantial, irreplaceable loss of resources and an irreversible effect on these resources within the Coal River basin.</p>
<p>The proposed ruling is at <a href="http://www.epa.gov/region03/mtnt">www.epa.gov/region03/mtnt</a></p>
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		<title>Appellate Court A No Go In Charleston</title>
		<link>http://www.wvobserver.com/2010/03/appellate-court-a-no-go-in-charleston/</link>
		<comments>http://www.wvobserver.com/2010/03/appellate-court-a-no-go-in-charleston/#comments</comments>
		<pubDate>Thu, 04 Mar 2010 00:15:07 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[From The Paper]]></category>
		<category><![CDATA[Staff Blogs]]></category>
		<category><![CDATA[Jefferson County]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[West Virginia]]></category>
		<category><![CDATA[Zoning]]></category>

		<guid isPermaLink="false">http://www.wvobserver.com/?p=1540</guid>
		<description><![CDATA[By David Lillard
Imagine this. A couple of West Virginia high-school kids commit some pranks one weekend. Local officials decide to teach them a lesson, and file criminal charges. One of the kids, call him Ted, happens to be 18 years old, an adult. The case is heard by a circuit court judge who only recently [...]]]></description>
			<content:encoded><![CDATA[<p><em><a href="http://www.wvobserver.com/wp-content/uploads/2009/09/wvcourtroom.jpg"><img class="alignleft size-medium wp-image-892" title="wvcourtroom" src="http://www.wvobserver.com/wp-content/uploads/2009/09/wvcourtroom-300x198.jpg" alt="wvcourtroom" width="300" height="198" /></a>By David Lillard</em></p>
<p>Imagine this. A couple of West Virginia high-school kids commit some pranks one weekend. Local officials decide to teach them a lesson, and file criminal charges. One of the kids, call him Ted, happens to be 18 years old, an adult. The case is heard by a circuit court judge who only recently took office—the guy ran for judge after tiring of his career as a government lawyer doing arcane administrative work. The judge is new to criminal law. He is in over his head, outmatched by the prosecutor, and blows the case from the bench. Ted gets jail time.</p>
<p>In nearly every other state, Ted could appeal to a higher court and have his case heard to see if the trial judge made any errors in the case. Not in West Virginia. Ted’s only recourse here is a petition to the state’s Supreme Court of Appeals, and hope they agree to hear his case. Odds are they won’t. According to the state public defender’s office, the high court refuses to hear appeals on 84 percent of the criminal petitions they receive—75 percent of defendants facing life in prison won’t have their cases heard.</p>
<p>West Virginia’s Supreme Court is the busiest in the United States. In 2007, it received 3,959 petitions. That’s 1,500 more than Nevada, the second busiest state without an intermediate. In 2008, thanks to a new system for worker’s comp cases, the court received “only” 2,411 filings. Nearly everyone agrees this is too heavy a load for the court.</p>
<p>Appellate courts review actions or decisions by trial courts on questions of law or procedural error. Unlike trial courts, appellate courts don’t have juries or witnesses. Their reviews are restricted to the evidence and exhibits that were presented at the original trial.</p>
<p>In most states, a defendant has the right for his case to be heard on its merits by an appeals court; an appeal as of right, it’s called. And only a handful of states do not have an intermediate appellate court to hear appeals. West Virginia is the only one with neither.</p>
<p>What West Virginia does have, according to the Governor-appointed Independent Commission on Judicial Reform, whose honorary chair was former U.S. Supreme Court Justice Sandra Day O’Connor, is a broken judicial system that has lost public confidence. The commission’s report, issued in late 2009, also says the West Virginia judicial system is polluted by its campaign-finance system and partisan elections, and teeters on a total loss of integrity.</p>
<p>The commission strongly recommended creating an intermediate appellate court.</p>
<p> </p>
<p><strong>Meanwhile, in Charleston</strong></p>
<p> </p>
<p>By the end of February, more than a thousand bills were pending in the legislature. They ranged in purpose from the mundane, like creating a barber’s apprentice program, to local home rule. Few bills have generated as much public rancor as the bill to create an intermediate appellate court.</p>
<p>The state’s chamber of commerce wants it. They think an intermediate court would mete out better justice than the Supreme Court. The Chamber faults the state’s judiciary for Chesapeake Energy’s decision to scrap plans to build a regional headquarters in Charleston after the Supreme Court refused its petition for appeal from a $404 million verdict. They claim frivolous lawsuits are driving businesses from West Virginia. But you know the old joke: What’s the definition of a frivolous lawsuit is? Answer: a lawsuit.</p>
<p>The West Virginia Association for Justice, a plaintiff’s lawyers trade group, opposes creating the court. “Adding a layer of appeal would incentivize insurers to draw out cases,” said one Jefferson County lawyer. Faced with the near certain prospect of an appeal, plaintiff’s lawyers would be less willing to take on the risk of contingency cases. “Imagine how difficult it would be for a lawyer to take a case with a $20,000 claim when you have to plan, in effect, for trial and appeal,” the lawyer.</p>
<p>The Supreme Court says they don’t need another court either, thanks very much. They say it will cost too much, about $8 million a year. They also say they already review every case—they just choose not to hear each one.</p>
<p>At this point, the sides can’t even agree on what the definition of “right” is. Plaintiff’s lawyers and the Supreme Court contend West Virginians already have a right of appeal. The court reviews every petition, then decides which to hear. Business groups say this is hogwash: Sure, everyone has the right to file an appeal, but the court chooses to hear only  a small percentage each year. Proponents of the new court don’t want a right to appeal, they want an “appeal as of right” in which each appeal would have its day in court.</p>
<p>The Commission of Judicial Reform agrees with the Chamber. West Virginia’s Supreme Court of Appeals, the commission says, “serves as the state’s only level of appellate review and maintains a completely discretionary docket, with no appeal as of right.”</p>
<p>So, far no one seems too concerned about Ted spending time in jail.</p>
<p> </p>
<p><strong>Money Can’t Trump Justice</strong></p>
<p>Here’s how appeal petitions work. It begins when a petitioner files a designation of record and petition for appeal, indicating what portion of the record made in the lower court that the petitioner would like the Supreme Court to review.</p>
<p>The Supreme Court’s staff counsel reviews the petition, prepares a summary of the arguments, and circulates it all to the justices, who review the files. The Court meets to discuss each petition. They refuse some of the petitions outright, and decide to hear oral arguments on some. Other petitions get oral presentation on the motion docket, where petitioners get a chance to persuade the court to hear their case. The court decides which of these petitions to add to its docket.</p>
<p>They do this between 2,000 and 3,000 times a year. This means if justices spent only 30 minutes on each case, between their individual review and their conference, just deciding which cases to hear could occupy three quarters of a calendar year. That’s before they hear a single case.</p>
<p>Senator Herb Snyder, meanwhile, thinks there is more support for the court than meets the eye. “People are concerned about the price tag, about $8 million a year,” he said. “But, we can’t let money trump justice.”</p>
<p>Snyder and a group of Senate Democrats did introduce a bill in the 2010 regular session to create an intermediate appellate court. Five Republican Delegates introduced a similar measure in the House. No one expected the bill to advance this year, but they will  re-introduce it next year.</p>
<p> </p>
<p><strong>Paying for Elections</strong></p>
<p>Another recommendation from the Commission on Judicial Reform is to try using public financing for judicial elections. Campaign money, they said, has poisoned the system. The poster child for this cause was Justice Brent Benjamin, who in 2008 brought notoriety to the state when he refused to recuse himself in a case against Massey Energy. Massey’s president Don Blankenship had spent millions more on Benjamin’s campaign than all his other supporters combined. The case landed in the U.S. Supreme Court, which ruled that elected judges must recuse themselves from cases where exceptionally large campaign contributions from interested parties create the appearance of bias.</p>
<p>In the commission’s opinion, public financing might fix this problem. As of this writing, the prospects of a deal in this session look dim. As Senator Snyder put it, “Anything with money attached is difficult right now.”</p>
<p>Tell that to Ted.</p>
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		<title>Sugaring Time</title>
		<link>http://www.wvobserver.com/2010/02/sugaring-time/</link>
		<comments>http://www.wvobserver.com/2010/02/sugaring-time/#comments</comments>
		<pubDate>Wed, 03 Feb 2010 19:00:56 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[Environment]]></category>
		<category><![CDATA[Featured]]></category>
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		<guid isPermaLink="false">http://www.wvobserver.com/?p=1482</guid>
		<description><![CDATA[By Davic Lillard
West Virginia was once a leading producer of maple syrup. Today, even though 80 percent of the Mountain State is covered with hardwoods—about 110,000 square miles of them—West Virginia barely registers in syrup production. Neal Super’s Mountain State Maple is starting a homegrown sugarin’ renaissance here in the relative flatlands of Jefferson County. [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.wvobserver.com/wp-content/uploads/2010/02/More-buckets-in-a-tree.jpg"><img class="alignleft size-thumbnail wp-image-1492" title="More buckets in a tree" src="http://www.wvobserver.com/wp-content/uploads/2010/02/More-buckets-in-a-tree-200x200.jpg" alt="More buckets in a tree" width="200" height="200" /></a>By Davic Lillard</p>
<p>West Virginia was once a leading producer of maple syrup. Today, even though 80 percent of the Mountain State is covered with hardwoods—about 110,000 square miles of them—West Virginia barely registers in syrup production. Neal Super’s Mountain State Maple is starting a homegrown sugarin’ renaissance here in the relative flatlands of Jefferson County. In February, when the days are warming but the nights are still cold, it’s sugaring time in our region. Unlike many sap tappers, solitary figures working sugar stands in a secluded hollow, for Super it’s a chance to visit the neighbors whose trees are an integral part of his enterprise. It started a few years ago when the Supers noticed Yellow-bellied Sapsuckers feasting on the nectar from the four large sugar maples in their front yard.</p>
<p>“I became a hobby syrup maker immediately,” said Super. It takes about 40 gallons of sap to make a gallon of syrup, so those four trees supplied only enough syrup to be shared as gifts with family and friends. Then Super started pondering all the other untapped larger sugar maples nearby. You can see sugar maples everywhere; it’s the state tree, after all. But large stands are rare in these parts.</p>
<p>At about that time Johni Anderson called Super to buy a rain barrel. When he found out Super was sugaring, he offered up the trees at Springdale Farm, which, Super says, “is loaded with sugar maples.” Anderson and Super became partners in the county’s first syrup venture, and with spring 2009 taps were hanging from Springdale Farm’s maples. The site of all those taps at Springdale Farm piqued the interest of neighbors, and soon one of Anderson’s neighbors offered up their trees. And the tree circle continues to grow. Mountain State Maple now sells syrup at Shepherdstown Farmers Market.</p>
<p>In 2009, Super increased production, “still in very small quantities,” Super adds, but large enough to see he was on to something. This year they hope to tap 50 trees. Sounds like a lot, but on a good day, says Super, a tree will put out three gallons or more of sweet water. If the weather stays just right—freezing nights and warm days—a tree might give up enough for a gallon, maybe two, in a season. It’s a micro enterprise by any stretch. But it fits in well with the primary theme of the rest of Super’s enterprise: maple. Mountain State Maple Company is a small producer of woodcraft as well as syrup. As with sugaring, Super is self-taught in the world of wood. His hand-crafted objects are created mostly from hardwoods that are found, reclaimed, or, as Super puts it, “rescued.” Super’s wood creations are available at Westwind Potters, in Harpers Ferry and O’Hurleys General Store in Shepherdstown. He makes jewelry like pendants, pins, bracelets, rings, and earrings; and household objects like candle holders, wine accessories, cutting boards and platters. Super says Mountain State Maple’s syrup prospects are limited only by the number of sugar maples he can tap. And with today’s “buy local” appeal for homegrown, unprocessed foods, Mountain State Maple is looking for more good neighbors.</p>
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		<title>Shepherd Town Council Moves to Frat House</title>
		<link>http://www.wvobserver.com/2010/01/shepherd-town-council-moves-to-frat-house/</link>
		<comments>http://www.wvobserver.com/2010/01/shepherd-town-council-moves-to-frat-house/#comments</comments>
		<pubDate>Tue, 05 Jan 2010 22:45:47 +0000</pubDate>
		<dc:creator>Thomas Harding</dc:creator>
				<category><![CDATA[David Lillard]]></category>
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		<guid isPermaLink="false">http://www.wvobserver.com/?p=1378</guid>
		<description><![CDATA[﻿
—Shepherd Town, W.Va., December 29, 2020.
In a long an-ticipated move, the Shepherd Town Council approved a mea-sure to move its Town Hall to Omega House, a university fra-ternity house.Then they enjoyed a parade down German Street. The decision formalizes a decade-old merger de facto be-tween the Town of Shepherd, formerly known as Shepherds -town, and [...]]]></description>
			<content:encoded><![CDATA[<p><em><a href="http://www.wvobserver.com/wp-content/uploads/2010/01/tiffany-jpg.jpg"></a><a href="http://www.wvobserver.com/wp-content/uploads/2010/01/1001-draft-3-2.bmp"></a>﻿<a href="http://www.wvobserver.com/wp-content/uploads/2010/01/greek.jpg"><img class="alignleft size-medium wp-image-1420" title="greek" src="http://www.wvobserver.com/wp-content/uploads/2010/01/greek-296x300.jpg" alt="greek" width="296" height="300" /></a></em></p>
<p><em>—Shepherd Town, W.Va., December 29, 2020.</em></p>
<p>In a long an-ticipated move, the Shepherd Town Council approved a mea-sure to move its Town Hall to Omega House, a university fra-ternity house.Then they enjoyed a parade down German Street. The decision formalizes a decade-old merger de facto be-tween the Town of Shepherd, formerly known as Shepherds -town, and Shepherd Univer-sity’s student body.</p>
<p>The move, Council watchers say, merely completes a process begun in 2009 when the then-Shepherd-stown Council voted to annex a significant portion of the cam-pus, effectively handing con-trol of the town to Shepherd students.  A week earlier, Shepherd students approved a change in its government to have student council membership “mirror” Town Council. This means that students elected to Town Coun-cil will automatically serve in student government. With stu-dents holding all Town Council positions since 2012, the vote acknowledges the effective ir-relevance of the Town’s gov-erning body.</p>
<p>Speaking from atop his float in the Town’s annual Winter Solstice parade, Mayor Skip Dougherty, who goes by Town Dawg, or T Dawg, said, “It just makes no sense to have both a student government and a Town Council.” The first of-ficial to serve simultaneously as mayor and student council  government president, Dawg added, “Moving Town Hall will save thousands of dollars each year for important campusprojects like renovating the Young Republicans office, pro-viding valet parking for foot-ball games, and building floats for parades.”Not all Town residents are happy with the move to Omega House.</p>
<p>Surveys show a major-ity of residents in the section known as Olde Towne oppose the move. Olde Towners ap-peared at a public meeting in force to protest the vote, filing one by one up to the micro-phone to comment on the pro-posals.“Every resident of this town — the real town — opposes this measure,” shouted one resi- dent, visibly shaking at the po-dium. “Every resident opposedthe annexation in 2009,” shot back Council Member Britney Smith. “But that didn’t stop the old farts from giving us the Town.” The vote Smith referred to took place in 2009.</p>
<p>In a grab for a larger share of state video lottery revenues, the Shep-herdstown Town Council, de-spite vociferous and nearlyunanimous opposition from residents, approved annexing part of the West Campus. The rationale, according to then-Mayor Jim Auxer, was that few students would remain on cam-pus each year for the June elec-tions. Students had other ideas.  Within two election cycles,students had a complete lock on Council positions. “Ain’t no thing,” said T Dawg. “Coupla keggers to pick candidates, make some strategy. Game over.”</p>
<p>Mickey Mitchell, director of the Shepherd Town free shut-tle, was upbeat about the Town  ﻿Hall move. He says that moving the Town Hall will require add-ing two more shuttle drivers. The new staff will be hired with video lottery funds.Mitchell served as Shepherd Town’s last police chief before the force was abolished by the Council in 2016 and converted into a campus shuttle service. Now Mitchell heads a force of 24-hour drivers who have solved the town’s parking prob-lem by making cars virtually unnecessary. Mitchell opposed de-funding the police depart-ment four years ago, but is now sanguine about the changes the Town has undergone. “After the Council got rid of the park-ing meters, it made no sense to have police on the beat,” said Mitchell. “And without the me-ters and parking tickets, there wasn’t any funding for a de-partment anyway.”For his part, Mitchell enjoys the stress-free work of the new force. “Our cops used to pull women from their cars, and tackle them to the pavement. Sometimes we beat them up,” said Ricks. “Now we get to drive those pretty co-eds home.”</p>
<p>The student’s seizure of the Town Council raised eyebrows among Jefferson County’s po-litical establishment. When  reached for comment, long-time Charles Town mayorPeggy Smith had no comment. Moments later she collapsed to the floor in an uncontrollable fit of laugher, requiring the as-sistance of a physician. “This is why we took the county seat from Shepherdstown. What a joke!”If residents of Olde Towne aren’t laughing about the state of affairs, residents in the an-nexed New Towne sections are enjoying the changes they’ve seen over 10 years.</p>
<p>When Shepherd Town became West Virginia’s first municipality to license medical marijuana dis-pensaries, aging baby boomers flocked to the area and success-fully petitioned to annex 12 neighborhoods into Shepherd Town. Currently, seven more an-nexation applications are pending, including one from the entire town of Harpers Ferry.</p>
<p>Orem Schmoke, who leads Harpers Heads for Hemp, is the organizer. He said repeated efforts to license marijuanadispensaries in Harpers Ferry have been thwarted by the fed-eral government, forcing many residents to move their official place of residence to Shepherd so they qualify for dispensary  privileges.“Put it this way, dude,” said Schmoke, “I’m tired of paying 12 bucks a year for a Shepherd Town address just to qualify for weed residency. Not to men-tion the carbon footprint from all that driving.”Schmoke is often men-tioned as a potential Shepherd Town mayoral candidate after Harpers Ferry is annexed. He is considered one of the few non-students with a chance of capturing the position. Heir to a West Virginia coal family, Schmoke financed the 2018 ini-tiative “Shepherd Off the Grid,” a pilot program that retrofitted the entire Town to run on wind and solar energy with geother-mal heating.</p>
<p><em> </em></p>
<p><a href="http://www.wvobserver.com/wp-content/uploads/2010/01/1001tiffany.jpg"></a>Now Gov. Tiffany Lawrence has pledged to take the program to other West Vir-ginia towns.“Shepherd Town does give West Virginians something to laugh about in tough times,” said Governor Lawrence, “but there are successes we can rep-licate in other towns — I mean the energy efficiency, not the pot smoking.”Lawrence confirmed that the state would foot the bill to help Charles Town go solar, includ-ing facilities at Charles Town Races &amp; Slots. “With Maryland and Pennsylvania poised to power their casinos with re-newable energy, we feel it’s im-portant for us to stay competi-tive,” she said. Going solar is expected to save CRTS several million dollars a year. “That’s money CRTS could be giving to schools and charities,” said Lawrence, who was employed there until she was elected to statewide office.</p>
<p>Back at the Solstice parade in Shepherd Town, Mayor T Dawg was resplendent as James Rum-sey atop a spectacular float, a replica of Rumsey’s historic steamboat. In what has become  ious cheering bacchanal, then blasted the steamboat through the lower bulkhead, unleash-ing a tidal wave down Princess Street for the traditional Town Council Surf to the Rammin’ Jammin’ Tobacco Warehouse Pub for holiday ales. Later, the solar-electric Rumsey float would, as in past years, sprout wheels and ferry the mayor and council to Omega House. There they hosted U.S. Sen. Joe Manchin at a traditional Eng-lish tea. Meanwhile, residents of Olde Towne would partake of their own traditional Solstice rites.   In perhaps the only non-carbon neutral display of the holiday season, they would burn in effigy the likenesses of the Town Council members who, a decade ago, had turned the town over to the student body.</p>
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		<title>Table Games Wins Approval</title>
		<link>http://www.wvobserver.com/2009/12/table-games-headed-to-easy-win/</link>
		<comments>http://www.wvobserver.com/2009/12/table-games-headed-to-easy-win/#comments</comments>
		<pubDate>Sun, 06 Dec 2009 02:44:37 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[David Lillard]]></category>
		<category><![CDATA[Featured]]></category>

		<guid isPermaLink="false">http://www.wvobserver.com/?p=1362</guid>
		<description><![CDATA[The countywide referendum to allow table games at Charles Town Races &#38; Slots won easy approval. The measure was carried by a margin of 6279 to 4343,  winning in nearly every precinct. The results are unofficial until the official canvass to be held on December 11 at Charles Town Library Meeting Room at 9am.
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			<content:encoded><![CDATA[<p>The countywide referendum to allow table games at Charles Town Races &amp; Slots won easy approval. The measure was carried by a margin of 6279 to 4343,  winning in nearly every precinct. The results are unofficial until the official canvass to be held on December 11 at Charles Town Library Meeting Room at 9am.</p>
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		<title>Church Night At The Race Track</title>
		<link>http://www.wvobserver.com/2009/11/church-night-at-the-race-track/</link>
		<comments>http://www.wvobserver.com/2009/11/church-night-at-the-race-track/#comments</comments>
		<pubDate>Wed, 25 Nov 2009 04:04:56 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[David Lillard]]></category>
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		<category><![CDATA[table games referendum]]></category>
		<category><![CDATA[Wheeling Island Casino]]></category>

		<guid isPermaLink="false">http://www.wvobserver.com/?p=1230</guid>
		<description><![CDATA[by David Lillard
It’s a stunning autumn morning on the interstate. Blazing strands of orange cotton stretch across the skies above the Allegheny Front, moving eastward as the car blazes west toward Wheeling and a maiden voyage to Wheeling Island Casino.
License plates on big pickups zoom past my slowpoke four cylinders in a parade of the [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-thumbnail wp-image-1306" title="Cards 2" src="http://www.wvobserver.com/wp-content/uploads/2009/11/Cards-2-200x200.jpg" alt="Cards 2" width="200" height="200" />by David Lillard</p>
<p>It’s a stunning autumn morning on the interstate. Blazing strands of orange cotton stretch across the skies above the Allegheny Front, moving eastward as the car blazes west toward Wheeling and a maiden voyage to Wheeling Island Casino.</p>
<p>License plates on big pickups zoom past my slowpoke four cylinders in a parade of the states. Maybe because I’m on my way to a racetrack, the plates and the dreaminess of a road trip drift me back some 30 years. One Delaware plate, Maryland, Maryland, Jersey . . . I’m counting cars — more precisely, I’m counting license plates at Delaware Park racetrack, a few miles from home. It’s spring of my senior year in high school. I was 18, old enough for wagering on the thoroughbreds.</p>
<p>Two Tcherzees, three De La War, Maryland, Pa Pa. It gets monotonous. You play word games. Pa Pa Pow, New Tcherzee. Delo wurt. Jersey girl, Della Where? Maryland. Maryland. There’s no good wordplay on Maryland. It drags out the morning. The idea is to start counting the rows farthest from the entrance gate, and quickly count your way to the employee entrance and a wad of cash in time for the fourth race.</p>
<p>It was primitive, low-cost market research. Two guys walking the lot counting cars and making notes on the number of luxury cars. The Track, alternately known as the Park, had started something new, and wanted to see how it was affecting their out-of-state draw. Simulcast racing, “simulcasting,” was hot.</p>
<p>Racing had fallen hard since its heyday in the middle 20th century when horses had been sports heroes. Everyone knew the names of the great ones, just as everyone knew the names of the prize fighters and ballplayers. Back then, horseracing, boxing, and baseball were America’s only major sports. The NBA didn’t get started until after World War II, and into the 1960s the NFL was so smalltime that players had off-season jobs. When racing was big, throughout the day trains delivered fans to the Delaware Park gate from East Baltimore to South Philly.</p>
<p>In the 1970s the Track was struggling. In a controversial bid to keep the horses running, ownership got permission to run a few simulcast races each day. Much like today’s Powerball drawings, wagers at tracks from several states were pooled on a single race. Then you’d watch the horses run on televisions at the track. By televisions, I don’t mean the giant jumbo-trons that hang above footballs stadiums today. I mean little 19-inch numbers at pari-mutuel stations. The gaming was as low-tech as the market research in the parking lot.</p>
<p>The gambit worked. Bigger purses from the simulcasts meant more wagers on the other races. It was almost quaint the way the televisions transformed the Park into dozens of cozy living rooms — like in the 1940s, an entire neighborhood gathering around the one 7-inch Crosley on the block to watch Truman pitch the Marshall Plan.</p>
<p>The simulcast idea had its detractors. The Catholic churches, in particular, were concerned about competition. It might cut their take from weekly 50-50 drawings, bingo games, and casino nights. But like all Catholic boys I understood that extra-curricular gaming was purely recreational, whereas tithing at parish gambling events would remain a necessary step toward eternal salvation.</p>
<p><img class="alignright size-thumbnail wp-image-1308" title="Guy playing poker courtesy Wheeling Island Casino" src="http://www.wvobserver.com/wp-content/uploads/2009/11/Guy-playing-poker-courtesy-Wheeling-Island-Casino-200x200.jpg" alt="Guy playing poker courtesy Wheeling Island Casino" width="200" height="200" />Wheeling is a four-hour haul from Jefferson County, but with a table game referendum on December’s ballot, it seemed a fitting time to see what’s causing such a stir here.</p>
<p>In our 20s, we’d occasionally roadtrip to Atlantic City on work nights and be back in time for Second City Television at midnight. It was cheap entertainment, safer than bars, an evening with the guys when the Phillies were out of town.</p>
<p>You could see the down side of unbridled commercialized gaming in A.C. An entire oceanfront metropolis had been offered up to the cause of filling state coffers with out-of-state money. There were the pawn shops and rescue missions. Those pictures, though, are not the whole story.</p>
<p>According to the Census Bureau, the poverty rate of the five-city Atlantic City metropolitan area is about 10 percent. That’s fairly low among metropolitan areas of 250,000. Atlantic City’s downtown poverty rate is higher, roughly that of Martinsburg’s, but not nearly as high as the rate in Washington, D.C. With a poverty rate in the mid 20 percent range, D.C. is among America’s poorest cities, but you don’t hear people blaming the city’s largest employer, Uncle Sam, for poverty there. Overall New Jersey’s poverty rate is 48th in the nation; West Virginia ranks 5th.</p>
<p>As for crime, the Sperling index — a mathematical calculus for various quality of life measures — gives Atlantic City and Charleston, W.Va., the same score for property and violent crime; Martinsburg ranks slightly lower than Atlantic City on per capita violent crime, but the same on property crime.</p>
<p>Some people are concerned that eastern Jefferson County would be one day lined with casinos like Atlantic City, and that downtown Charles Town would be lined with pawn shops. But West Virginia’s gaming is more akin to Delaware’s and the new Maryland casinos: the number and locations of gaming establishments are specified by state law. There can’t be a Vegas-style strip along Route 340 because all the gaming would take place at Charles Town Races and Slots.</p>
<p>Sure, a Charles Town casino would make Penn National an even bigger player in the local economy; like the biggest company in any town, it might throw its considerable muscle around. As far as state legislators are concerned, that’s the tradeoff for the vast sums of gaming revenue that fund state social services and the government of all 55 West Virginia counties.</p>
<p>To enumerate the chunk of change the state gets and distributes from lotteries is enough to make your eyes glaze over: Over the last five years it’s meant over $200 million for senior services, $50 million for libraries, $42 million for natural resource programs, $25 million for culture and history, $90 million for school buildings — nearly $900 million in all. Suffice it to say that every local government in the state depends on gaming and coal royalties to deliver services.</p>
<p>The irony is that many of the voters who oppose gaming are the same ones who advocate expanded social services. In a poor state like West Virginia, there are only so many sources to fund these programs. I also wonder how many Jefferson County residents, when turning on the light switch, think about the destruction caused by mountaintop removal — how many streams are filled with coal waste to fund their local services. Do we think about how we’ve sacrificed coal communities to electrify our 3,500-square-foot homes? Yet we bristle that gambling here funds state programs.</p>
<p><img class="size-thumbnail wp-image-1310 alignleft" title="Winning Big!" src="http://www.wvobserver.com/wp-content/uploads/2009/11/TablePlayers-200x200.jpg" alt="Winning Big!" width="200" height="200" /></p>
<p>On I-68, a light sprinkle develops into a steady downpour. The next 40 miles are dreary. Then the sky opens up. Again, it must be gaming on my mind, but I think of the honeymoon my wife and I spent in Nova Scotia. We arrived for the rainy season — who knew Nova Scotia had one? After several soggy days in sheets of rain, honeymoon or not, we were getting irritable.</p>
<p>We looked at the weather map, and drove toward the sunshine icons. Late in the afternoon, we pulled into a dead industrial town with absolutely nothing to recommend it save a decent weather forecast. At the town’s welcome center, the brochures pitched attractions on the other side of the province, the places  we’d just fled. We were marooned. It would be like spending your honeymoon in Bowie, Maryland — or Dundalk.</p>
<p>Our innkeeper did have a suggestion for something fun. “It’s church night at the racetrack,” she said. “At the Downs. Harness racing? Fifty cent hotdogs, too.” It was a brilliant idea for the Downs and the churches. Once a month, all the pastors promoted church night to their parishioners. Winners were expected to give their draw — or a sizable portion thereof — to their church. There was a sense of competition to see which congregation’s faithful could donate the most winnings to their church.</p>
<p>The track’s sorry little grandstand was packed full of Gamblers for God. Little boys and girls cheered on their favorites, dads glowed as they handed fistfuls of cash to their wives for presentation to their clergy; smiling priests and ministers paid no heed to the mustard and relish caking to their collars. It was glorious.</p>
<p>I think my new bride was inspired by the cause, too, as she had to be restrained on the size of her bets. Clearly she, I thought, was betting for the Lord. Also Catholic by upbringing, she — at least in my nostalgic recollections she did — donate a portion of her winnings, too. A lovely gesture that moved me as much as the evening’s blessing of the jockeys and horses performed ecumenically en masse by all the present clergy. That rainy week of driving had tested our young marriage, but Church Night at the Racetrack banished any doubts about our match.</p>
<p>En route to Wheeling, you can stop at the Kirby, Pennsylvania rest stop. Out front is a monument to John Lewis, a longtime president of the United Mine Workers. Inside are exhibits, some might call it a shrine, on coal miners. Even though this is in Pennsylvania, the message on table gaming comes through. Like it or not, West Virginia relies on a few industries to diminish the effects of poverty. Coal royalties fund the state. Miners are heroes not just for their hard work, but because their work funds every local government in West Virginia. Politicians are not brilliant; they’re not imaginative. But in a state with typography as challenging as Afghanistan, they’ve figured out how to find the money voters ask them to spend.</p>
<p>Under this lens table games are a godsend. It doesn’t cause black lung. Men don’t die dealing cards or spinning a wheel. Gambling doesn’t destroy watersheds, it doesn’t foul drinking water, or bring on lawsuits by the E.P.A. All it does is create jobs and bring in massive amounts of cash.</p>
<p>By the time you get to Wheeling, you have already driven by small cities facing wrenching challenges. For its part, Wheeling bustled with more than 61,000 residents in 1940. After a trickling decline in the next decade, the population went into a 50-year freefall — between 1980 and 1990 it dropped nearly 20 percent.</p>
<p>You think the real estate market here has been bad. In Wheeling you could pay off a 30-year note and find your house is worth less than the day you bought it. By every measure, Nail City’s wealth drain was as bad as any Rust Belt city’s. Today its population is about 28,000.</p>
<p>Unlike hundreds of small cities that are finally, after decades of downturn, experiencing population growth by transforming city centers into dining and shopping destinations, Wheeling would require more. People didn’t just move to the burbs; they bolted. Surrounding Ohio County’s population today is only 47,000, the same as Wheeling’s in 1970.</p>
<p>In his book <em>Far From Home</em>, Pulitzer Prize winner Ron Powers details the psychology of towns in turmoil. There are dreamers who believe the town could be an international tourist destination, the downand- out commercial property owners looking for federal bailouts, the nay-sayers who block every attempt to try anything new. Finally, someone figures out how, as a character in Powers’ book says, to find the “natural assets” of the place, and slowly build upon them.</p>
<p>Two of Wheeling’s assets were its proximity to Pittsburgh and its greyhound racing. Dog racing, like its equine counterpart, has experienced its own hard times, even steeper declines in audience and revenue than horseracing.</p>
<p>What’s more, greyhound racing doesn’t support a secondary economy of stables, pastures, and fields supplying hay and wheat straw. Table games proponents tend to overstate the economic significance of this secondary economy (and it’s silly to call this agriculture), but it’s real money nonetheless. In reality, economic value is gauged by the investment people are willing to make in a given activity. There are no data to suggest anyone is borrowing money to buy up farmland just to supply hay and straw to the racetrack. But the open space value is significant, and the contribution to rural character undeniable.</p>
<p>Greyhound racing has none of that, and little of the romance of horseracing. Since the opening of Wheeling Island Casino, the purses, according to track owners, are the highest of any dog track in America. Walk into the casino on any Saturday afternoon, and you’ll see what’s funding those purses.</p>
<p>From the outside, Wheeling Island Casino looks like any decent-sized hotel. The people wandering in from the parking lot could be the same folks who wander German Street in Shepherdstown. Inside the casino, you’re greeted by a towering waterfall plunging over faux granite cliffs. Ah, you think, it’s evoking the Allegheny Mountains. Then you see the palm trees and grasses, and you realize it’s an “island theme.”</p>
<p>Upstairs in the lobby, septuagenarians have lined up to play some sort of slot machine competition. As far as I can tell, it involves slapping the machine as fast as you can. Lindsey, a casino staffer as cheerful as Doris Day with the patience of Job, moves through the crowd talking into a cordless microphone. She smiles as she raises her voice to men who refuse to turn on their hearing aids. Mesmerized by the cheerfulness of the whole thing, I trip over a woman’s walker, nearly knocking her to the floor. She laughs it off.</p>
<p>Walking into the gaming area, “the pit,” I’m struck by the age range of the players, from young 20 somethings up to super-seniors, people who a generation ago would have been confined to rocking chairs. In an era of age-segregated suburbs, you rarely see intergenerational crowds on such a scale. At a craps table, two young guys in Steelers jerseys face guys in Ravens jerseys. The man rolling the dice might be older than all of them together. Whoops and hollers go up; high fives are slapped. You don’t have to spend a dime to watch the spectacle.</p>
<p>I wander, circumnavigating the casino, past the penny and nickel slots, in and out of the table games. I find a nickel machine, and feed a fin into the slot. I’m lucky enough to make five bucks last half an hour, then wander some more.</p>
<p>Whenever I can engage a staffer for a moment, I ask them about working at the casino. Almost to a person, there’s a story about how the job has made it possible to stay in the area where they grew up, or how they’d moved away but were able to return.</p>
<p>The more I wander, the cozier the place feels. Granted, it’s a Saturday afternoon. It’s that kind of crowd. Looking around, the western Pennsylvania Catholic influence is easy to see. Crucifixes hang between breasts like gold chains on a rapper. There are men in Knights of Columbus jackets. I mention this to one worker, who said there’s a minor exodus around 4:30 on Saturday afternoons of people heading to Saturday evening mass. Funny, I haven’t really been Catholic for several years, and my gaming has dropped off considerably.</p>
<p>People who don’t like legalized gambling often say it’s a way of taxing the poor people who play the games. That might be true for people who buy lottery tickets at the corner store, but table games are, in effect, a tax on the middleclass people who can afford to play blackjack at 15 dollars a hand — and up. They’ll riot if you raise their income taxes, but they’ll gladly drop two hundred bucks playing games. Income taxes aren’t fun to pay; games are fun to play.</p>
<p>The Big Six wheel is the most relaxed place in the pit. You put your chips down on one of six pictures, with each one paying out different odds. Then the “dealer” spins the wheel and you all watch it and cheer it on. There might be ten players plopping down chips on multiple odds, but somehow the dealer, in our case a genial guy named Wayne, keeps it all straight while maintaining a warm atmosphere and training the new players on the routine.</p>
<p>After about an hour, I realized I had stack of chips much larger than I started with; I decided to declare victory and cash out. A guy in his 40s stopped in and bought $10 in chips, and placed them on 10. He was on his way out, he announced, adding, “My last three visits here I’ve put $10 on 10-to-1 as I walked out the door, and I’ve hit it three times straight.” In an instant and without a word every player at the table was putting chips on 10. Around and around the wheel went, and for one long dramatic moment, that little rubber flipper hung on ten like a cartoon character levitating above a canyon. Shouts went up around the table. Then, it slipped onto the 1. We all moaned. Then, as Wayne moved chips in my directions it dawned on me: I’d also played a sawbuck on 1. From the jaws of defeat, a ten dollar winner!</p>
<p>I couldn’t help thinking about a trip when I was in college. It was harness racing at Ocean Downs. I had called the winner in five straight races — including a couple of trifectas. Just before the tenth race, as my horse sauntered to the gait, it keeled over and couldn’t get up. A dignified little ambulance gathered him up, and as he was ushered away, the horse lifted his head to acknowledge the applause, like an injured football player on a golf cart. I ran to the window to change my bet to an old codger running at 60 to 1. My substitute wager won the race, and it wasn’t even close.</p>
<p>Outside Shepherdstown one recent Saturday night, eight middle-aged guys played Texas Hold ‘Em. In terms of our day jobs, I guess we were the crowd you might expect to see in the pit at Charles Town: a school teacher, an accountant, a banker, a mechanic, a guy who does home remodeling, a guy who works at a trade association, and a fellow they called The Doctor — I wasn’t sure if he was actually a physician, but I hope he doesn’t work on patients with the same abandon he showed going “all in” with such a mediocre hand.</p>
<p>Now and then the talk turned to the table games referendum. Largely, any concerns that were raised echoed similar ones I’ve heard in coffee shops, watering holes, and on the street. It goes something like this: “We’re letting our politicians off the hook too easily. Changing the fortunes of West Virginia will take more than gambling, more than coal, more than federal jobs.” I think we can all agree on that.</p>
<p>As for the debate about whether we should allow table games in Jefferson County, both sides run fairly loose with their data. Upon closer examination, conventional wisdom on any topic often reveals positions that are based on emotion, anecdotal evidence, and self interest.</p>
<p>As for my self interest, I like to play. It’s fun. I feel bad for people who blow their money on things they can’t afford, but we haven’t made home mortgages illegal because people got in over their heads — or credit cards. Or shoe shopping.</p>
<p>Another thing: I think Jefferson County can be known for its cultural heritage and natural beauty, while mixing in some other things. Besides, gambling is part of our heritage. There’s been horseracing in Charles Town since 1933.</p>
<p>I admit I’m suspicious of big companies, just like I’m suspicious of government. But this is really about me. I just want to have fun. I like to gamble. You might even say it was once part of my religion.</p>
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