By Thomas Harding

9.45 am, Wellness Center, Romney.

We were all waiting for the Governor of West Virginia. There were maybe 20 of us – fitness center staff in blue polo shirts, executives in neatly pressed grey suits, a state senator in bright skirt and jacket – waiting in the concrete and steel lobby of the newly built wellness center in Romney. We were all standing, except six-term mayor William Hicks who sat in the corner, cane in hand, muttering that it was about time the governor showed up, and how he wanted the day to be soon over.

Then he arrived. The governor: olive green summer suit, yellow and green striped tie, slicked-back salt-and-pepper hair of a 1950s movie star. He stepped spryly out of a state trooper’s green Explorer, and with press officer and assistant in tow, walked through the glass sliding doors and greeted the small crowd of notables. This was the first event of the day and he was upbeat, energetic, and attentive. 

At the end of a short speech praising the multi-million dollar building, which had opened a year earlier, the governor took a piece of paper from his jacket pocket – and just as he would at every public event and campaign stop throughout the day – he read a not-entirely-pertinent quotation. Five minutes later, right on schedule, the assistant whispered something quietly in the governor’s ear. It was time to move on to the next venue.

This was stop number one. Fourteen hours, ten events and a hundred miles later, Gov. Joseph Manchin III would finish up the day at a campaign gala in Martinsburg. It was going to be a long day. 

Joe Manchin III was born on August 24, 1947 and grew up in Farmington, WVa, population of 300, situated thirty miles southwest of Morgantown. He went to public schools and played basketball and football. He won a football scholarship to WVU, but his career was cut short by a knee injury.

While he was away at college, tragedy struck: the family grocery store in Farmington burned down. Manchin returned home to help rebuild the store. To this day he refers to this event as a turning point in his life, a lesson that you can pull yourself out of adversity through combined community effort.

At WVU Manchin met his wife Gayle Conelly. They married in August 1967, and they now have three children: Heather, Joseph IV, and Brooke. They are known by their six grandchildren as “Nana” and “Dadoo”.

Manchin’s grandfather, Joe Manchin I, or “Papa” as Manchin called him, was an Italian immigrant and coalminer. In 1927 Papa Manchin was fired from his job at the Farmington mine, because he was caught organizing for the union. He tried various jobs, including circus performer, where he was known as “Nicodemus the Strong Man,” and beer garden owner — a place where poker was played in the backyard. Joe Manchin III told me, with a glint of mischievous pride in his eye, that Papa may also have sold liquor out of the back of his garage during prohibition. Papa eventually settled down and set up the grocery store. Later Joe Junior set up a furniture and carpet store next door. Both would serve terms as mayor of Farmington.

After college, Manchin worked in his grandfather’s grocery store and his father’s furniture and carpet stores in Farmington. This was where Joe III learned to be a tradesman and how to do business in small West Virginia town.

On November 20, 1968, another tragedy hit the family: a massive explosion rocked the Farmington coal mine. Manchin remembers waiting at the company store to hear the news, being frustrated at how long it took to get information. When word finally came, the news was bad: His uncle and cousin had died, along with many of his classmates. The cause of the explosion was never determined. This event became another touchstone for Manchin. During the Sago Mine disaster years later, Manchin committed to swift communication to mine families. For first time Gov. Manchin became recognized on the national stage.

In the 1970s Manchin worked in the energy sector running Enersystems, a coal brokerage in Fairmont. This fact has been airbrushed out of his official biography. You will not find it on the official bio on the Governor’s website, or that of the Democratic Party or the National Governor’s Association. Enersystems is now run by the governor’s son, Joe Manchin IV.

In 1982 Joe Manchin III was elected to the House of Delegates. Four years later he was elected to the state senate. While in the senate, Manchin’s cousin, State Treasurer A. James Manchin resigned after being threatened with impeachment for defrauding the government. Manchin remembers this period as “a very difficult time,” but he says his cousin was ultimately vindicated when he was reelected to the legislature a few years later.

In 1996 Manchin sought the Democratic nomination for governor, but lost to Charlotte Pritt. She had the support of organized labor, and successfully painted Manchin as the pro-business candidate. Pritt lost the general election to Cecil Underwood. After winning the secretary of state post in 2000, Manchin won the governorship in 2004. This time he had the support of both the unions and the business community. In his inaugural address he said:

“Well, I can tell you this much, business as usual just won’t cut it anymore. We must pursue a new and different course. The days of giving in to those who would take advantage of our state and our system of government are over. The people of this state deserve better. You deserve better.”

Four years later, on January 9, 2008, in his annual State of the State speech, Manchin touted the achievements of his administration: the lowest unemployment rates in the state’s history; a smaller government budget; a budget surplus; $300 million to upgrading water and sewer projects; and an increase in broadband access from 57 percent to 80 percent in 2008 during his term.

The governor’s supporters think he has done a great job. One such supporter is Scott Rotruck who is Vice President for Chesapeake Energy, Chair of West Virginia’s Tourism Commission – appointed by the governor – and a contributor to Manchin’s campaign.

Rotruck says Manchin’s greatest achievement was the privatization of workers compensation in his first year as governor. “It took many people to achieve, but it wouldn’t have happened without Manchin,” he said. “The governor did it by bringing everybody to the table and making a compelling argument that the state would be better off if it took this course. It showed the world that we could affect meaningful change.”  

But there many things that the governor and his supporters do not brag about.

West Virginia is the only state in the county where the death rate exceeds the birth rates. According to the 2009 West Virginia Executive Budget, a report produced annual by governor’s office, this was due to the:

“High median age, risky job mix, and low health status of many of it residents. Second, the state attracts overall about as many residents as it loses from other states (low net migration). This is related to the states relatively slow economic growth.”

Not a very happy scorecard by any measure.

But things get worse. The state has the third lowest growth rate in the country, increasing by 0.1 percent from 2006 to 2007. This is the third year of deceleration in growth in successive years, all since Manchin took office.

On education, West Virginia is one of the bottom ten states in the 2007 rankings for maths, reading, writing and science according to the US Department of Education. West Virginia has the third highest obesity rate in the nation, at 28% of the population, and ranks second in terms of diabetes, with 9.8% of the population with the disease.

On energy, while the governor has declared we must work to reduce greenhouse gas emissions, he is an ardent supporter of coal powered plants, one of the biggest contributors of climate changing gasses and a huge contributor to the state coffers.

As the governor says, there is much more to do.

10.40 am, Romney Senior Center, Romney.

Event number two for the governor in Romney went swimmingly. The small white meals-on-wheels truck was accepted with open arms by the volunteers at the Romney Senior Center, a one level brick building downtown. Now drivers would be able to deliver 2,000 hot meals each week to the elderly, who would be grateful for the warm grub, company, and attention. This was the first of 17 similar trucks distributed by the governor statewide from a $600,000 fund. Romney was a proud pioneer, and thankful for the governor’s largesse.

After a brief cutting of blue ribbon and more photos, the drivers were sent off with a “Now go and deliver your meals, you lazy lot”.

The elderly ladies, who had dressed up for the governor’s visit, went indoors coffee. As they watched Manchin walk boyishly into the kitchen and grab something to eat — as though he was taking something from his grandmother’s refrigerator — they giggled coyly to each other. 

After a short break it was time for event number three

Noon, Hampshire County Judicial Center, Romney

Over 300 people came out in the hot noon sun for the ribbon cutting — this time a red ribbon. Most crowded onto the sidewalk, trying to stay in the shadows of the newly built courthouse. Most were from Romney, but also present were state delegates, two sitting members of the West Virginia Supreme Court, a candidate for the Supreme Court, as well as a candidate for U.S. House of Representatives.

One local resident in red suspenders and blue train driver hat, joked, “Next time I’m here it will probably be in hand-cuffs.”

A prayer was said, the pledge of allegiance was uttered, the national anthem was sung. Then the governor was introduced to great applause. 

Manchin is clearly cherished in Romney. To the crowd’s pleasure he spoke of his love for Hampshire County, how he had visited as a boy and fished on the banks of the South Branch of the Potomac, how he and his high school teammates looked forward to an away-game in Romney as a chance to get away from Farmington, how he loved the beauty of the trees and the valleys so much that he had asked his helicopter pilot to fly low on the way in that very morning. 

At the end of his speech Manchin pulled out the creased paper from his jacket and read another quotation.

1.30 pm, Taggart Hall, Romney

One and a half hours later the governor was at another, more intimate event, this time across the street at a beautifully restored 18th century building. In a small low-ceilinged room toward the back of the building, Manchin surprised 86 year-year-old Mary Susan Williams by giving her the 35th Star, West Virginia’s highest honor. After a few words – this time without a quotation from his cheat sheet – Manchin sat down. With Williams’ family gathered around in their Sunday best, she told stories of 1963, when Joe had stayed with her while visiting Romney for a football game.

“I remembered that he was Catholic, but I had made a ham for dinner,” she said smiling, her hand patting the Manchin’s knee. “It was a Friday night, so I asked him if he would like to eat fish. Joe says, ‘I’ll eat it … if you make it.’ He was sooo polite. He didn’t like to eat fish you see!” Everyone laughed.

Manchin looked at her with delight. He said, “That’s true,” and went on to tell the group that after the football game, which his team lost, his teammates and residents did the snake-dance through the streets of Romney. Manchin was clearly having fun, charming all those around.

I asked the governor’s assistant if it was always like this, with the governor jumping from one event to the next through an over-packed schedule that ground on from dawn to dusk. “Yes,” she said. “He works 14, 15, 16 hours a day. He likes it. That is why he does it. It would be too tiring to do it all if he didn’t enjoy it.”

Manchin later explained how he pulls it off. “People give me energy. I have to get out of the office. It’s the only way to see what is really going on. You meet people face to face. You ask them questions. This is where the rubber hits the road.”

2.00 pm, Unscheduled meeting with protestors, Romney

During his speech outside the judicial center in Romney, Manchin was interrupted twice by hecklers shouting questions about the PATH high-powered transmission line that is planned to crisscross the state from St. Albans in the southwest to Jefferson County in northeast. Both times Manchin stopped and told the protesters he would speak to the “concerned citizen” after his speech, and after the tour of the building.

The governor did meet with the protestors as he had promised, one hour later in a private session with only his press secretary and state trooper nearby. One of the protesters was Ralph Wojtowicz, a financial consultant who recently moved from Northern Virginia with his wife and baby twins to a new $600,000 home in Yellowspring, W.Va. Wojtowicz said he was impressed that the governor met with him, but he was not satisfied with Manchin’s answers. The governor had said the best he could offer was to raise taxes on Alleghany Power, and call for lower electricity prices for consumers. Manchin said he could do nothing to stop the actual transmission lines being built.

I asked Manchin about the PATH proposal. He said that he had looked into the project a year ago, when, he said, he had been told the lines would prevent rolling blackouts on the East Coast. He said he had not been “in the loop” since then. He appeared skeptical of the project, saying that if it was not good for West Virginia he would not support it.

A letter Manchin wrote October 3, 2006 contradicts his claim. Manchin supported the project in a letter to the U.S. Secretary of Energy, writing that he “supported” the PATH project and “encouraged” the secretary to proceed with it as planned.

Wojtowicz is not the only person unhappy with Manchin’s role in the transmission line. Delegate Stan Shaver, Democrat, whose 46 district would be bisected by the transmission lines, had this to say in an email to a resident about Manchin: 

This is typical of how Manchin operates.  He negotiated with the power companies (behind closed doors) to offer consessions [sic] to landowners after all the public hearings were over, but the PSC had not made a ruleing [sic]. The PSC is worthless in WV. How can 99% of the people at these public hearing be opposed to something and the PSC pass it anyway.

Shaver told The Observer how frustrated he was with the process. “I know that the governor is supportive of taxation, but that will not help the landowner. The money will just go into the state’s general fund.” Instead, Shaver said, just as oil and gas companies pay royalties to landowners, he wanted to see the power companies pay royalties to landowners for the amount of electricity that runs through their land. He admitted, however, this was unlikely to happen. So far Manchin has not publicly supported such a proposal.

2.30 pm, Interview with The Observer, Romney

The governor was late. The meeting with the protestors had thrown him off schedule. He apologized as he came into the room, saying that he had been on the phone to Tim Kaine, the governor of Virginia. The same Tim Kaine who Manchin had publically supported as Barrack Obama’s vice-presidential running mate, before Joe Biden was chosen for the ticket.

I asked the governor about Barrack Obama and the primary campaign. Manchin accepted that Obama had been trounced by Clinton in West Virginia, but he didn’t think this was anything to do with the color of skin. “I don’t accept or believe race played a part in it any more in the country,” he said.  When I reminded him of the poll that showed that one in five voters in West Virginia affirmed that race was a factor in their decision-making, Manchin added “Maybe west Virginias were more honest about it.”

Manchin told me that he doesn’t agree with Obama on all the issues, in particular he differs with Obama on social issues: Manchin opposes gun control, abortion and same sex marriage. The governor waived off these differences saying that they are politically irrelevant. Without irony, he argued that social policy did not change significantly under President Bush – who appointed two right-leaning justices to the US Supreme Court and who then proceeded with countless socially conservative decisions – and that it therefore does not matter if you elect a President whose social values you don’t agree with.

Obama was running at least five points behind in the polls in WVa. To win, Manchin said, Obama needed to visit West Virginia more frequently. “The average person, they know me, I’ve been here, I am comfortable with them, they are comfortable with me, when I walk down the street they shake me by the hand. The same is true of Bill Clinton. To win, Obama must be the same. He hasn’t spent the time here.” The Governor told me that he had spoken directly to Barrack Obama encouraging him to come more often to West Virginia. So far the request had not been satisfied.

The assistant in the black nylon dress stepped in, it was time to wrap up my conversation with the governor, “They have been waiting for quite some time”, she said. The governor stood up and walked to his next event.

3.00 pm, Opening the County Heritage Days Festival, Taggart Hall, Romney

There were maybe twenty people standing inside the band-stand next to Taggart Hall. Many were the same people who I’d seen at the other events. It was at ninety-five degrees with high humidity. People waived their hats to stay cool. The assistant and the governor’s security man retreated to the shadow of a nearby oak tree.

The governor congratulated the gathered citizens on the work they were doing, announced the opening of the festival, and once more, took out his sheet of paper with quotations and shared an axiomatic gem with the crowd.

What the governor didn’t talk about was the heat he was getting back in Charleston for stepping into the hottest legal case currently before the state’s Supreme Court. In July 2007 a jury in Harrison County, W.Va., awarded $382 million to thousands of residents of Spelter in a civil case against DuPont. The verdict found that DuPont had significantly damaged the health of Spelter residents by dumping zinc, cadmium, arsenic, and lead from mining operations there. They had been complaining since the early 1920s, and finally their complaints had been heard.

DuPont petitioned the West Virginia Supreme Court to hear its appeal on the case. Unlike many other states which have an intermediate court, there is no automatic right to appeal in civil cases to a higher court. As with the U.S. Supreme Court, a defendant must petition the court to review their case. The court has discretion about which cases it hears.

The same day DuPont filed its appeal, Governor Manchin filed an amicus brief encouraging the Supreme Court to take the case. This was the first time in West Virginia history that a governor interceded in a case to which the state was not a party.

Reacting to criticism against him for stepping into this case, Manchin has said he is not taking sides in the case. He has claimed he wants to ensure that cases involving punitive damages receive a full airing from the Supreme Court, and that he was not weighing in on behalf of DuPont.

But when I spoke with him, Manchin admitted that he became involved with the case because he was concerned that if DuPont lost then it would deter other businesses from investing in the state. “I am worried about people exiting faster than they are talking about leaving. I have whole industries [leaving]. They don’t know what their liabilities are and what they are subjected to. They don’t know if they will get due process. I want to make citizens protected, but the bottom line is same just as I want citizen to have due process I want it to be fair for everybody.”

Attorney General Darrell McGraw has not filed an amicus brief on this case. In an interview with The Observer, McGraw said that like the governor, he had been intensely pressured to file an amicus brief by friends, politicians, and businesses. He said that he resisted because he had seen for himself the situation in Spelter. McGraw described the governor’s intervention in the case as “highly unusual.”  He added that the governor’s admission that he filed the amicus brief in order to promote the business environment was “more accurate” than his assertion that he acted in order to preserve due process.

The case has drawn attention from outside the state. Reporters for the New York Times revealed that Manchin’s secretary had been a community outreach officer for DuPont in Spelter. Manchin’s lawyer had also worked for DuPont. Manchin has said his intervention in the case had nothing to do with either staff member.

Manchin’s critics say the DuPont case is another example of the governor’s cozy relationship with big business at the expense of ordinary people. His supporters, like Scott Rotruck of Chesapeake Energy, say that the governor made the right move because these types of cases with high punitive damages are “perceived as deterrents to business”.

4.00 pm, Marios Restaurant, Romney

Finally, the governor gets to eat. Marios is a small haven of Italian linguini and antipasto, tucked into a little park opposite the new judicial center in Romney. It is easy to imagine that the tastes and the smells were a coming home for the head of West Virginias First Italian Family.  But as with all families, there are times when they bring joy and times when they bring heart-ache.

In 2007 Manchin’s governor’s daughter, Heather Bresch, was awarded an M.B.A. from West Virginia University, despite having completed only 22 of the required 48 credits. In April 2008, following investigative reporting by the Pittsburgh Gazette, W.V.U. rescinded Bresch’s degree.

In a press statement issued May 19, 2008, Manchin said, “It has been extremely difficult for me to watch this controversy unfold.” He added, “At no time would she have asked anyone to either ‘guess’ as to her records or to fabricate grades on those records. As a result, Gayle and I are both angry, in particular, at the fabrication of grades that took place, because it unfairly damages our daughter’s reputation as much as it does the University’s. It was absolutely wrong and, in my mind, completely unacceptable.”

By summer 2008 the provost, dean, and, eventually, the President of W.V.U., Mike Garrison, had all resigned in direct response to this affair. Some wondered Manchin had influenced the decision of W.V.U. or its subsequent investigation.

Bresch is chief operating officer of Mylan Industries, whose C.E.O. is a close friend of Manchin, and who has contributed large amounts of money to Manchin’s campaigns and W.V.U. In various public statements Manchin has said that he did not influence the university’s administration in any way.

By September 2008 the scandal had grown. A Special Investigations Committee of the Legislature was asked to investigate whether W.V.U. or its staff had committed criminal wrongdoing. The proceedings of this committee are private, and will likely take many months to complete. Its report will not be released until after the November elections, in which Manchin is running for reelection.

Jonathan Miller, a Republican Berkeley County delegate to the state house, told The Observer that he was glad that the committee was created, but was concerned about its secrecy. “It is still behind closed doors,” he said. “This investigation should be carried out along with the Judicial Committee, which would be open, allowing people to follow what was happening.”

Delegate Miller also criticized Manchin’s candor in this affair. “I know that the governor has been adamant that he was not involved,” said Miller. “But he needs to provide an alibi. He has yet to give all the information on this matter. If I were in the governor’s shoes, I would try and remove all doubt. I would release all email and phone records during the time period of the Bresch scandal. I would remove any doubt that I had any connection or contact with the administration of W.V.U. or President Mike Garrison. This has yet to happen.”

7.00 pm, Jefferson-Jackson Dinner, Martinsburg

The Jefferson-Jackson dinner in Martinsburg is wrapping up. The governor looks tired. Once more he raises his eyes towards the flag as someone sings the national anthem. Once more he places his hand over his heart as the pledged his allegiance is recited. But he looks far less committed to the proceedings than at the start of the day, less certain, more eager to be done with the pomp and ceremony.

Few doubt that Manchin will be re-elected as governor for four more years. Governor Manchin has over 2 million dollars in his election coffers while his opponent, Russ Weeks, has less than $15,000.  Even Russ Weeks’ campaign advisor Gary Abernathy admits that Weeks faces ‘a big challenge’.

Manchin will be 65 at the end his second term. Currently he is chair of the Democratic Governors Association and the Southern Governors’ Association; he’s also president-elect of the Council of State Governments. But approaching 70 years of age after his term, will he take the leap into national politics?

Over the years many journalists have Manchin how he would respond if octogenarian Senator Robert C. Byrd were to die while Manchin was governor — it would be Manchin’s responsibility to name a successor. When I asked him, Manchin gave his stock answer that he would chose the best candidate to replace the Senator. However, he added something new. For the first time, when asked if he would he consider appointing himself, the Manchin said, “No. I would not appoint myself. I do not believe in that.”

Right now Manchin’s focus is on his reelection campaign. In Martinsburg, for one final time on this long day, finally, the governor stands and addresses the crowd in his now-crumpled suit. He repeats many of the lines I have heard all day: “While West Virginians may not rank highest in terms of educational qualifications, they are top of the list when it comes to a Ph.D. in life,” and, “Vote for me for what I will do in the next four years, not what I have done in the past four years,” and, “I’m more proud of you than you are of yourselves.”

At the end of the speech, he takes the now creased paper from his jacket, and reads one last quotation. The crowd applauds politely. They too are eager to wrap the day up. They too have had a full day’s work, and are already thinking about the next.

Joe Manchin III sits down. He drops his head a bit, looking weary. Tomorrow will see another ribbon-cutting at a judicial center, this time in Berkeley Springs, and the opening of a new hotel at the racetrack in Charles Town. 

It has been a long day for the governor of the great state of West Virginia. Tomorrow is likely to be another.

By Thomas Harding

So things are on the up.

According to local realtors we are seeing an extremely active market in the sub $300,000 range, with multiple offers commonplace. We are even witnessing  the return of escalation clauses from buyers, something we haven’t seen since the heady days of 2005 and 2006.

We are also seeing the return of investors, another indicator that we have moved beyond the bottom of the market and that people are wanting to invest their extra cash in real estate before prices go on the rise.

The other good news is that the average house price appears to also be on the increase. In May 2010 the average sold price was  $182,861 compared to $167,499  the year before. This is the first time we have seen an increase in the average May sale price since 2005. See figure 1. This means that a few, and I say again ‘a few’, slightly higher priced homes are selling.  Of course this is a far cry from the $300,000 plus average sale price of 2004 and 2005, but we are in the beginning stages of the recovery.

Better still, the sale price as a percentage of list price was 92% in May 2010. This continues the upward trend that saw buyers knocking off as much as 15 percent on average of list price over the last two years. This shows that buyers are no longer able to beat up on sellers as much as they were and that the balance between buyers and sellers is returning to the market. 

One negative sign in the overall market is that the ratio between homes on the market and homes actually sold, the “inventory ratio”, increased one percentage point from March to April and again from April to May. While this ratio is still relatively low at 10.8, compared to the crazy heights of 20 plus in 2008 and 2009, if the inventory ratio continues to grow it will mean the end to the short rebound in the market we have witnessed over the past few months.

However, the really bad news continues in the more expensive end of the market. Houses over $400,000 are simply not selling in Jefferson County. And the collapse in this market has out-stripped the overall market decline. Figure 2 clearly shows the dramatic increase in the more expensive homes in 2004 and 2005, and then the sharp decline through 2009. This year doesn’t look like it will be any better, with only three homes sold over $400,000 in Jefferson County between 1 January and 31 May 2010. 

The biggest problem for the higher end homes is the lack of buyers looking for such properties. Local home-owners cannot sell their higher end homes and therefore cannot move up the price chain. Equally, buyers from the Greater Washington DC area are not able to sell their homes and therefore not able to purchase their dream house in West Virginia.

To make things worse, even if realtors are able to find buyers and cobble together contracts for these higher priced homes, appraisers are refusing to give them the value they need and therefore contracts are failing to close. This is a self-fulfilling prophecy, as fewer and fewer high-end properties are selling, appraisers are finding fewer comparables they can use in their appraisals.

The solution to this appraisal problem is that either buyers will have to throw more cash down on the table when they go to settlement or appraisers are going to get more creative with their values, perhaps by going further back in time and then discounting according to the general drop in value in the market.

In all probability the bottleneck will only be broken when buyers in the middle part of the market can no longer get what they are looking for and will be forced to move up and purchase in the higher end. This will only happen once there are no longer bargains to be had due to short-sales, foreclosures and motivated sellers, in the lower and middle parts of the market. In the meantime, sellers of high end homes, don’t hold your breath.

Thomas Harding is a broker with Greg Didden Associates.

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, 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.

CATF 20th Season

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.

Enter The Eelwax Jesus 3-D Pop Music Show. For every theatergoer who has wondered aloud, when’s producing director Ed Harendeen going to start doing musicals, Eelwax Jesus 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 Cuckoo’s Nest meets Monte Python with a soundtrack inspired by Leonard Cohen with Nick Cave & the Bad Seeds. But even that description is too limiting—and it doesn’t account for the kitch.

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.

Eelwax plays at the Frank Center main stage, a venue that was built for music.

The other plays in the five-play season:

Breadcrumbs, 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.

Inana, 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.


Lidless, 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?

White People, 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.

For ticket information, see catf.org

Speaking of Milestones, Goose Route

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?

“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.

“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.”

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.”

Based on the packed houses for nearly every festival performance each year, clearly a lot of people have caught on to modern dance.

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 www.gooseroute.org

Over the Mountain Studio Tour Summer Show

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.

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.

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.

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.

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.

At Dickenson & Wait, Tara Bell presents “Dream Circle Art,” colored pencils drawings, collage, and prints.

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.

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 www.studiotourwv.org for details.

Charles Town’s New Gallery

As Paul Pritchard’s involvement grew with the Arts & 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.

The result of this inspiration? The recently opened Washington Street Gallery & 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.

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.”

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.

“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.”

Washington Street Gallery & Gift, 235 W. Washington St., Charles Town; 304-724-2090; WStreetGallery.com.

Birthday at Bridge

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.

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.

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.

Doug Vaira contributed to the reporting on this piece.

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, curvaceous hi-def video wall plays movie trailers. “Hollywood” comes from the feeling of walking onto a movie set. Or stepping into the movie.

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.

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.

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.

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.

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.

Meet the Dealers

A few floors above I meet the real performers in final rehearsal. These are the dealers.

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.

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.

“The checks are stacked according to value and color,” one of them says. Checks are what basement poker players call chips. Each color has a money value, so to color up is to exchange smaller denomination chips for larger denomination chips.

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.

“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.”

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.

“Ooh, someone’s been reading the training manual,” one of the guys jokes.

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.”

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.

“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.

“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?”

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.

“The math test here was tough!” says Jim. He’s not joking; there’s a math test.

“Give me a blackjack wager,” says someone. In blackjack, the payout is three to two—150 percent of the bet.

“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.

“$125,” I call out. “$187.50,” Larry calls back before the words are out of my mouth.

“One eighty fi . . .”

“$277.50,” says Larry. And on it goes.

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 & 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.

Hollywood, Not Vegas

There’s a line at the end of the movie Casino, 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.

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.

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 Casino, is that many of the employees know your name.

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?

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 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.

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 & 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.

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.

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.

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.

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.

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).

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.

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.

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.

As for me, I’m willing to pay more for parks and open space, and I’m not willing to give them up.

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.

Over 20,000 rafters ride the Shenandoah River each year on commercially guided trips. As a father of three daughters and someone who lives on one of the local  waterways, Dominic Valentine felt a kinship to one of them. Roger Freeman, who died in a Shenandoah River rafting incident in 2004, was a family guy in his 40’s who loved life and to play music. For Valentine, Freeman is a reminder of how precious life is.

The vast majority of those trips are uneventful and end pleasantly. On the day Roger Freeman and his co-workers went on their guided ride, the Shenandoah was uncommonly high. Over the last six years, many have questioned the wisdom of going through with the commercially guided trip when the water level was at flood stage. Legal battles have been engaged to determine culpability. In November of 2009, all legal  actions surrounding Roger Freeman’s death came to a dramatic close as an eleventh hour settlement was inked before the jury hearing both sides came to a verdict.

On the morning of September 30, 2004, the Shenandoah River was a different river than the lazy, shallow one we see most days. The water level was at flood stage. Just after dawn it had crested at an unusually high 13.5 feet. The rocky ledges that make up the cascade known as Staircase, beneath the bridge at Harpers Ferry, were hidden beneath several feet of debris and clay-colored water. The river was out of its banks, filling in the low-lying areas next to it. On this day, amidst the churning murky waters at the lower staircase, at a point known as Hesitation Ridge, Roger Freeman, a husband and father of two young girls, found himself in the water fighting for his life. It was a battle he would lose.

By all accounts Roger Freeman was a responsible man, a caring person with a great sense of humor and a talent for music. By the age of 40, he had carved out a successful career as a financial analyst. He was the type of person co-workers would go to for advice or turn to when they needed something done right.

He had a good marriage, and was the kind of father that planned daddy days with his daughters. He had won his wife’s heart by making her laugh, and by pursuing her with a playful relentlessness. They studied finance together at college, they both loved music. Their college romance blossomed into the kind of marriage that most of us admire. Freeman was the rock in the lives of his family and friends, always on time, always showing up with an agreeable attitude and enjoying life for what it offered whether at work, playing music, or doing homework with his daughters.

Team Building

Freeman pulled into the parking lot of River Riders, a commercial whitewater outfitter operating on the Shenandoah River outside Harpers Ferry. River Riders had been contracted by Freeman’s employer, Kaiser Permanente, to present a teambuilding workshop that would culminate in a group trip down the river. Typically, Freeman was right on time, but arrived with a bit of apprehension. In the weeks before the trip he had expressed hesitation at being on the river because he could not swim. He was not the only apprehensive non-swimmer among his workmates. Betty Green was another. The two of them spoke about their limited experiences with water, growing up in the urban environs of Washington, D.C. But if Freeman was anything, he was a team player. He brought his usual confidence and willingness to what was ultimately a team event.

The accounts of the day, offered by the participants and trip leaders, differ as to whether Freeman and others had raised their concerns to trip planners or guides that day. They generally agree that one raft was designated as the “slow boat” for participants who wanted a calm ride. That raft was to be anchored by the most experienced guide, Tim Main. The slow boat was a self-bailer and longer than the others. Rather than run the rougher rapids, the slow boat would avoid them. Freeman and Betty Green took seats on the slow-boat raft.

The average flow rate for the Shenandoah around Harpers Ferry in September is 1000–3700 cubic feet per second (cfs). On September 30, 2004 the rate was about 35,ooo cfs. Because of the fast water, River Riders slightly altered the original trip plan and shortened the ride. They decided to take-out at Brunswick, Md., shortening the duration of the trip by about one hour.

The guides and customers were organized into five vessels that hit the water around 1:30pm. There is a stretch of calm, flat water before the first whitewater section where the guide can go over river safety issues, like paddle commands, how to brace in the boat and what to do if you fall out of the boat. The guide of Raft Five, the slow boat—Freeman’s boat—used this time to explain to his guests that they would need to paddle hard when they got to more challenging water. That first mile or so passed easily.

At the first rapid, Entrance Rapid, each of the crews successfully navigated the river. Directly after Entrance Rapid is Bull Falls, the largest drop on the river. Later, in court documents, Benjamin Harrison, guide of Raft Four, would comment that the Bull Falls run went well. “We blew right through it, had a good hit. Everybody got wet. It was fun,” he said.

After Bull Falls the rafts proceeded down Bull’s Tail, and encountered a train of up-and-down waves. The five boats paddled to the right side of the river, then took a short break at Copperhead Rock, where there is a large natural eddy.

Leaving the Copperhead Eddy, the rafts stayed close together—a common practice in high water. If a passenger falls out, the rushing river can quickly sweep them away from the boat. Having all the boats close together increases the opportunity to collect anyone who falls in the water, but it also increases the danger of the rafts colliding, which can lead to ‘dumping,’ a term used to describe a raft flipping over and dumping its riders into the water.

Beyond the eddy came another section of flat water. Then the rafts came around a bend, and entered the Upper Staircase. In high water, the run is not so much a cascading staircase as a series of big waves. Riders in Ben Harrison’s boat seemed to be doing well, while others were experiencing some difficulty.

In Raft Three, Kaiser Permanente team member April Goss was beginning to feel panicked. She had declined to ride in the slower, less adventurous boat, and boarded one of the shorter non-self bailing rafts. Her guide assigned her the task of bailing out the raft as they hit the Upper Staircase.

Shortly after Goss’s boat left the eddy, she noticed the roar of the river growing louder. As she felt the boat rocking, she hunkered down behind a fellow passenger. They had begun to hit the most challenging part of the river.

As the waves broke against the rafts, water hurled onto and over the riders. As water started coming in, Goss started bailing, and her guide began yelling to the others to paddle. “Dig deep, dig deep,” he shouted above the roar. And then they were through.

Although the upper part of the staircase was rough, all the rafts made it navigated them without dumping, but the non-self bailers took on significant amounts of water, making them slower and less maneuverable.

Goss was having trouble keeping up with the bailing. The water level inside the raft was up to the knees of the riders in her raft. At that point, she just wanted to be off the river, but remembered that she was part of the “team,” and this was an extension of the morning’s teambuilding exercises. Feeling unfit and overwhelmed, she bailed on.

Carrie Mueller, another Kaiser Permanente employee, was in Raft Three with Goss. She recalled hearing her guide yelling with a sense of panic that the boats were too close together. As they approached Hesitation Ridge the rafts began to bang into one another like bumper cars. The lead raft was the first to find itself in trouble. It flipped, tossing all the riders into the water. Raft Two slid over the third, then flipped. Mueller and Goss’s raft followed. It made a deep dive and turned over, sending the riders into the water. Later, in a deposition related to a legal case that emerged from the incident, Mueller made the following statement describing her experience at the Ridge:

“I am a good swimmer and I can hold my breath for a long period of time, for almost two [pool] lengths I can hold my breath underneath the water. And I remember being underneath the water, and it being dark and cold, and I just felt like I was being jostled around. And I never had experienced anything so strong in my life . . . I just felt trees underneath and rocks, and it was just so strong, the current was just so strong, and I remember getting up for air and I could only get a little bit of air because there were so many waves, and the water was so deep, and I took in water and this thick mud, and it was inside of my throat, and I started to panic, I thought, God, is this the way I am going to die, and I just  kept rolling around in the water, and I finally got another gasp of air, and it happened for probably three or four times before I was pushed out. I was sort of shot out the side of the rapid and I could finally get a little bit more air, and I wasn’t in that rolling sensation anymore. The water was so deep and it was just coming into my mouth and I just remember floating down the river, and just being so cold and so afraid that I was going to go back into a rapid, so I just closed my eyes and I said the Our Father . . . and I finally had this jolt and it was another boat that grabbed my life jacket and pulled me into the boat.”

Harrison’s Raft Four was the next to cross over the Ridge. It made some contact with Goss and Mueller’s raft, but did not flip. Harrison’s crew paddled to an eddy.

Raft Five, the slow boat, was significantly behind the others and was not caught up in the preceding bottleneck. However, it also was in distress as it approached the Ridge, where the other boats had flipped.

Betty Green, one of the non-swimmers fell from the raft. A wave had hit the raft and knocked her back into the water. As she fell back she knocked another rider, Christina Friddle, into the water. Freeman was seated in the front of the boat. With the assistance of two riders, the guide Tim Main immediately pulled Friddle back into the boat. Others were assisting Green when another wave hit the raft, forcing it to capsize. Now Freeman was in the water.

Friddle struggled in the water, at first coming up under the raft, then going up and under seven or eight times before grabbing hold of the raft. All but two other passengers were holding the raft. Main yelled for them to get atop the raft, but the rough water kept them from doing so. He was able to secure Green to the boat. At that point Friddle remembers seeing Freeman near the boat, struggling in the water. She saw him being pulled under and away. “I watched him float away. He was awake when he passed me. I saw his eyes open and he was struggling to stay above water,” Friddle said.

At this point, Harrison, the only guide whose boat remained upright through the Ridge, saw Freeman floating in the water and dived into the water to rescue him. The following is his account given during the trail:

“As soon as I started to get close I could tell there was something wrong. He had his eyes open . . . not that your eyes shouldn’t be open, but the way he was leaning back, he was facing the sun. As I was swimming out to him, that was the first thing that really caught my attention . . . his eyes were open looking at the sun.  That kind of . . . triggered something. There is something wrong with that.

“As I was swimming up to him, you know, when I started to see there was something wrong with him, I yelled back to call 911, and I swam up and grabbed him. He had his eyes open. I didn’t see any movement from him at all, you know.  As I saw him coming down he wasn’t trying to swim or moving his arms.  He was still. I grabbed him and swam as hard as I could. I got him back into the eddy on the right side, and we got him up on shore and I started CPR.”

The Aftermath

Was it safe to go out on the Shenandoah River that day in September 2004?

Immediately after the incident Everett Ruppert, the manager of Blue Ridge Outfitter,  another outfitter who ran commercial rafting trips on the Shenandoah in 2004, told the investigating conservation officer that water levels above nine feet are unsafe for commercial rafting on the Shenandoah. Yet River Riders set off on a guided trip with five rafts, five guides, and 27 persons—two of whom were non-swimmers— at levels of 12.5 feet. This decision, the conservation officer investigating the incident would say, “demonstrated that River Riders used poor judgment conducting commercial rafting operations on 30 September, 2004, based on the conditions of the Shenandoah on the afternoon of the incident.” No other rafting companies licensed to operate on the Shenandoah were operating that day because of river conditions.

There are no guidelines set by the West Virginia Department of Natural Resources or by the state’s Whitewater Commission concerning water level cut-off points for commercial guided trips. Individual outfitters are free to decide the point at which they will not conduct guided excursions.

Matt Knott, owner of River Riders who was also a guide on the trip on 30 September 2004 was reluctant to talk about the need for cut-off levels. He says that most people do not understand what they are looking at when they see high water. He and other commercial operators also insist that taking non-swimmers is perfectly safe, and is a common practice of all commercial whitewater outfitters. This sentiment was also shared by Mark Lewis, president of the West Virginia Professional River Outfitters Association, who also suggested that some parts of a river are more dangerous in lower waters than in high. Lewis believes that the guides and operators have the experience to best decide when water levels are safe, and that there should not be hard and fast cut-off levels. Lee Baihly, owner of River and Trail, another company that runs raft trips on the Shenandoah River, agrees that there should not be a cut-off level for rafting trips.

In November 2009, River Riders and their insurance carrier settled with the family of Roger Freeman. The Freeman  family was represented by Charles Town attorney Stephen Skinner. The details of this settlement are sealed and not available to the public.

In November 2009, in a separate lawsuit brought by other Kaiser Permanente employees who took part in the September 30 trip, a jury acquitted River Riders of failure to conform to the standard of care expected of a commercial whitewater outfitter. The jury did, however, make an unusual request. They asked the court if they could add an attachment to their verdict, and with the consent of both sides, they included the following statement:

“We as a jury, recommend that River Riders develop a written policy as part of their standard of care to include:

To be more consistent with regard to the height of the river on a commercial whitewater excursion, with the policies of other outfitters on the Shenandoah River (7–10’ as a cutoff for river operations);

To be more aware of the limitations of their customers (ability to swim, physical ability, etc.);

To be more effective in communicating with their customers as to the actual conditions on the river prior to their trip.”

When asked if River Riders now had an established cutoff point concerning water level for not conducting commercial trips, Knott said that the company had established flood level at 13.5 feet. Knott also stated that he had a lot more to say about the incident and subsequent legal actions, but was not at liberty to do so because of ongoing legal proceedings. He said he would be able to elaborate on the incident and the cases sometime in the future.

As for Roger Freeman’s family, his widow Kathy said, “It has been a major adjustment and turnaround, but with time the girls and I have gotten stronger and better. There are times of course when we particularly miss his presence, especially now that our oldest daughter is getting ready to go to collage. There’s prom and graduation and all those special things.

“I miss most his conversation and sense of humor. We were in-sync and partners, so I miss his companionship. I really miss him being a father to the girls, and through the years I have missed him more for that than anything.”

Disclosure: Stephen Skinner is the attorney representing The Observer in its FOIA petition case.

If I tell you the good news, will you forgive me? Or should I start with bad news, so that you will trust me more when I say that things are getting better?

Okay, here’s the bad news: Appraisers are struggling to find the value that has been agreed by buyers and sellers. This is causing real heartache in the market, and many a decent contract has been tripped up in recent months because the contract value is higher than the appraised value. As soon as sales pick up, which they are, a wave of comp(arable)s will hit the market and the appraisers will get the raw data they need to make everyone—buyers, lenders, sellers, realtors—happy. That wasn’t too bad, was it?

Now for the good news.

You may have heard on the radio that housing starts and the construction of new homes have risen massively over the past month. You may have also read in the news that the sale of existing homes is also increasing, thanks in part to the federal tax credits that run out at the end of April. All this may have put you in a giddy mood when it comes to all things involving real property.

Well, here in the local Jefferson County market, things are also on the up. They haven’t looked so good in, well, years.

Take a look at Figure 1. This shows the number of residential homes that have sold in Jefferson County in the first quarter since 2003. Wow! Home sales in the first quarter of 2010 were way above those in 2007, 2008, and 2009, and almost the same as 2006.

Perhaps the best news of all is that in March 2010, 78 homes went under contract. That is an extraordinary number. The last time we saw this many pending contracts was in March 2006, just after the peak of the bubble. Clearly, the Pending and Sold figures go hand-in-hand. And the trend appears to be currently pointing upwards. But how long will this last?

The fundamentals appear strong in the local economy. Unemployment is stable, and perhaps even declining. Interest rates remain historically low. There has been a continued decline in the number of homes on the market. The month of March was no exception, with only 458 homes listed for sale, and this at the busiest time of the year for real estate. This marks the fifth month in a row for inventory to fall below 500 homes.

However, the federal tax credits for new and existing home-owners expires at the end of April, and this may have a dampening effect on the number of sales. But maybe not. Instead, the momentum that the credits created may have been enough to get the housing sector going and, like a car after a push-start on a downhill slope, now it will run on its own steam. Let’s hope that to be the case.

Another positive indication is that land and more expensive homes are now attracting offers. Indeed three $500,000 plus homes went under contract in March, and local realtors are reporting that buyers are, for the first time in at least two years, showing interest in buying land. That will be good news for all the developers out there, both large and small, who have been perhaps hit the hardest since the real estate market went down the tubes in 2005.

If you didn’t get a contract on your home before the end of April, as it says on the back of the Hitchhikers Guide to the Galaxy:
DON’T PANIC.

There’s plenty of life in this here local real estate market.

Thomas Harding is Broker for Greg Didden Associates and a licensed realtor in West Virginia

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 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.

County Commission 

 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.

Democrats

Ruth McQuade

www.mcquadeforcountycommission.com

Budget. 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.

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

Zoning. 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.

Urgent Issues. 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.

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.

Motivation. 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.

Closing. 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.

Jim Surkamp

www.jimsurkamp.net

Budget. 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.

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.

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.

Zoning. 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.

Levy. 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.

Urgent Issues. 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.

Motivation. 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.

Closing. 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.

Paul Taylor

www.paultaylor4commissioner.com

Budget. 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:

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.

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.

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.

Levy. 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. 

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.

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.

Zoning. Ah, the hot topic of the last few years.

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.

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.

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.

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.

Urgent Issues. 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?”

Motivation. 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.

Closing. Thanks for this opportunity to share my thoughts with you. Power to the people.

Republican

Walt Pellish

www.waltpellish.com

Budget. 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.

Levy. 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.

Zoning. 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.

Urgent Issues. 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.

Motivation. 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.

Closing. 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.

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.

House of Delegates

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.

Democrats

Del. John Doyle,

www.keepdoyle.org

Tort Reform. 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.

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.

Collective Bargaining For Public Employees. 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.

Intermediate Appellate Court. 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.

How We Elect Judges. 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.

Jobs and the Economy. 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.

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.

I’ve sponsored efforts, some of which have been adopted, to increase both high-tech and tourism jobs.

Urgent Issues. There are three. They are tax reform, land use, and improved education from kindergarten to graduate school.

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.

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.

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.

Motivation. 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.

Conclusion. 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 – 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 – it’s the only high school in the state built even in part with economic development money

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.

Lori Rea

www.Reafordelegate.org

Tort Reform. 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.

Collective Bargaining. I am opposed to collective bargaining for public employees because I believe it would lead to:

• Increased costs for state government to administer such a system resulting in significant tax increases.

• A decrease in the effectiveness of the associated agencies to carry out their mission effectively.

• Increased opportunity for service disruption to the citizens.

• The development of policy by professional arbitrators unfamiliar with our area.

Our state would be forced to develop a sophisticated labor relations bureaucracy.

The real question is: Would the taxpayers get anything more for their money?

Appellate Court. 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.

Judicial Elections. 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.

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.

Jobs & the Economy. 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?

Urgent Issues. 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.

Motivation. 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 – not policy! Achieving my community’s fullest possible potential is my motivation.

Closing. 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!

Republicans

Elliot Simon

www.simonfordeleagate.com

Tort Reform. 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. 

Collective Bargaining. No.

Intermediate Appellate Court. West Virginia is one of very few states without an intermediate appellate court. Every appeal must be reviewed by the state’s Supreme Court—and very few are ever accepted for full argument. Should we 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. 

How We Elect Judges. 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. 

Jobs and Economy. 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.

Urgent Issues. 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.

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.”

Motivation. 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. 

Closing. 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.

Donny Jones

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://donnyjonesfordelegate.com.

WVa. Senate

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.

Democrats

Patrick Murphy

304-263-0586

Tort Reform. 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.

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?

Collective Bargaining. 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.

Intermediate Appellate Court Expansion. 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.

How we elect judges. 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.

I am reluctant to see public financing for judges. One solution would be an instant political-donation disclosure process via the internet.

Jobs and Economy. 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.

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.

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.

Urgent Issues. 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.

Motivation. 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.

Senator John Unger

Email: SenatorUnger@verizon.net

Phone: 304-263-5488

Tort Reform. 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.

Collective Bargaining for Public Employees. 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.

Intermediate Appellate Court. 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.

How We Elect Judges. 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.

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.

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.

Motivation. 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.

Jobs and Economy. 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.

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.

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.

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.

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.

Republican

Craig Blair

www.electcraigblair.com

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.

My legislative efforts were strategic in the Reform of Workers’ Compensation, Automotive Privilege Tax, and Reducing the Food Tax.

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.

In West Virginia our economy is out of kilter because of a Constitution born out of our secession from Virginia (1862 &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.

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).

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.

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.

Here’s how we get there . . .

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.

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.

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.

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.

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.

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 — 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.

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.

http://bdtonline.com/editorials/x537287722/Freedom-of-information-High-Court-must-support-public-s-right-to-know

The case centers on The Observer’s Freedom of Information Act request for the list of petition names collected in support of a vote on the Jefferson County Zoning Referendum, which took place November 7 2009. The County Clerk Jennifer Maghan refuses to release the names, citing privacy concerns, and her decision was upheld by Circuit County Judge David Sanders, who said that any document prepared by a private citizen group and given to a government body was not subject to FOIA.

The brief for the Shepherdstown Observer was written by Charles Town attorney Stephen Skinner of Skinner Law Firm and Patrick McGinley, Professor of Law, WVU.

According to the Amicus brief: “All of the records request in this case are public and should be released by this court under the WV Freedom of Information Act. It is irrelevant whether the public body created the record in the first instance… To interpret the statute as requiring literal physical preparation on the part of the public body would have far-reaching and devestating effects on the West Virginia system of open government and government accountability.” 

The Observer brief described the chilling effect if the Supreme Court upheld the Circuit Court’s ruling : “Interpreting the WVFOIA definition of “public record” as limiting public access to only those documents prepared by a public body would have the absurd result of excluding from public scrutiny hundreds of thousands, if not millions, of documents that have long been open to public examination. Were the circuit court’s interpretation of “public record” to prevail, documents such as deeds, wills, estate records, applications for environmental, business, corporate, voting, election campaign contributions and numerous other records of state agencies and commissions as well as local government bodies, would fall outside the definition of “public record.””

The Observer is a monthly newspaper based in Shepherdstown, West Virginia, circulated to over 25,000 in Jefferson County. It reports on state, local, and national politics, including long-form investigative pieces.

To read the Amicu brief click here: amicus brief