Teacher awards program continues

Nomination forms soon will be reaching schools throughout West Virginia for the prestigious Arch Coal Teacher Achievement Awards program, according to John Snider, Arch Coal vice president for external affairs, eastern region.

The Arch Coal Teacher Achievement Awards, the longest running, privately sponsored teacher recognition program in the state, is underwritten by the Arch Coal Foundation.

The foundation has increased the personal, cash award to $3,500 for each of the 12 recipients, who are expected to be announced early next year, said Snider. This is an excellent opportunity to recognize and recommend West Virginia's star classroom teachers.

While nominations for the awards close January 9, 2009, nominating early gives teachers more time to complete their applications, explained Snider. Nominated teachers, when completing their applications, are asked to explain how they bring the magic of learning to their classrooms on a daily basis.

Nomination forms also may be obtained at libraries throughout the state. Public nominations may be made online at www.archteacherawards.com and the West Virginia Education Association Web site, www.wvea.org. In addition, the West Virginia Education Association's (WVEA) foundation, the West Virginia Foundation for the Improvement of Education, awards a $1,000 grant for use with at-risk students to each public school recipient's school.

The teacher recognition program has received longtime support from the West Virginia Department of Education, the West Virginia Library Commission, the Office of Governor Joe Manchin and the WVEA.

The Arch Coal Foundation also is a supporter of teacher recognition or grant programs in Wyoming, Utah and Colorado, as well as a number of other education-related causes.

Arch Coal is one of the nation's largest coal producers. Through its national network of mines, Arch supplies the fuel for approximately 6% of the electricity generated in the United States. In West Virginia, Arch Coal owns the Mountain Laurel, Sharples, and Coal-Mac, Holden, operations. The company is listed on the New York Stock Exchange (NYSE: ACI) and maintains its corporate headquarters in St. Louis, Mo.

Nomination forms soon will be reaching schools throughout West Virginia for the prestigious Arch Coal Teacher Achievement Awards program, according to John Snider, Arch Coal vice president for external affairs, eastern region.

The Arch Coal Teacher Achievement Awards, the longest running, privately sponsored teacher recognition program in the state, is underwritten by the Arch Coal Foundation.

2008-09-10 Ground-breaking became group effort Despite heavy rain, 275 attend event News Articles messenger Full HTML Rains from Hurricane Hanna didn't stop the ground-breaking for the new Morgan County Courthouse on Saturday afternoon, September 6. About 275 people sat in tents or stood under umbrellas as a string of public officials talked about the new day that is beginning with construction of the new county facility.

Morgan County Commission president Glen Stotler served as emcee, recognizing public officials and others in the audience who helped in some way. Dignitaries included Governor Joe Manchin, Congresswoman Shelley Moore Capito and all of the county's legislators as well as elected county, town and school officials.

Several of the speakers drew attention to a contingent of Berkeley Springs volunteer firefighters and mentioned their effort in putting out the fire that claimed the century-old courthouse on August 8, 2006. Memories of that day included the brigade of citizens who passed county record books to safety from the damaged courthouse.

Also on hand were architect Tom Potts of Silling & Associates, who designed the new courthouse, and William Colonna, vice president of Milestone Construction Services, Inc., the low bidder for the construction.

Silling & Associates, which picked up the tab for the event, agreed to cut its rate from 8% to 7.8% of the total project, Stotler said. He also noted that Milestone's $10,448,000 bid was more than $1.3 million less than original estimates.

Governor Manchin announced that the state would waive $100,000 interest on a loan for the project during the construction phrase. In addition, Grant and Mineral counties gave Morgan County their shares of state courthouse improvement funds this year.

Stotler joked, If things keep going like this, pretty soon someone will pay us to build the new courthouse.

Actual work on the project is expected to begin by month's end, with completion expected in about 18 months. Rains from Hurricane Hanna didn't stop the ground-breaking for the new Morgan County Courthouse on Saturday afternoon, September 6. About 275 people sat in tents or stood under umbrellas as a string of public officials talked about the new day that is beginning with construction of the new county facility.

Morgan County Commission president Glen Stotler served as emcee, recognizing public officials and others in the audience who helped in some way. Dignitaries included Governor Joe Manchin, Congresswoman Shelley Moore Capito and all of the county's legislators as well as elected county, town and school officials.

2008-09-10 19 people indicted, including third man in Bare murder case News Articles messenger Full HTML A Berkeley Springs man accused of murder, and a Hedgesville man accused of causing the death of his mother in a traffic accident, were among 19 people indicted by the Morgan County Grand Jury on Tuesday, September 2.

The accused persons are expected to be arraigned before Circuit Judge Gina Groh on Monday, September 15. At that time they will enter guilty or innocent pleas and have their bond amounts and trial dates set.

Murder

Jerome W. Smith, 25, was indicted for the murder of Keese Bare in September, 2004. Smith is the third man indicted for slaying Bare at a campsite along the Potomac River.

In May, a jury found Jason M. Payne, 26, guilty of second degree murder. Vernon L. Kerns, Jr., 25, was indicted for murder last year and is awaiting trial.

Smith is accused of

taking part in beating and stabbing Bare, whose body was then burned. It was nearly two years before police got a tip about what happened at the campsite and were able to confirm Bare's death and carry on a full investigation.

Testimony at Payne's trial said Bare was killed to prevent him from telling police about a series of credit card frauds.

Smith is presently in the Eastern Regional Jail.

DUI causing death

David A. Spurlock. 20, of Hedgesville was indicted for causing the death of his mother, Tina Atkins, while driving under the influence of alcoholic beverages.

Spurlock was also indicted for second offense DUI, reckless driving and underage drinking in connection with the August 1 accident on Cherry Run Road.



Attempted arson & abuse

Wesley D. McCoy, 38, of Hateras Lane, Berkeley Springs, was indicted for attempted arson, animal cruelty, domestic battery, child abuse, brandishing a shotgun, shooting with 500 ft. of a residence and two counts of wanton endangerment.

McCoy is accused of hitting and kicking a woman, shooting toward a 12-year-old girl and trying to set a dog on fire during a domestic incident on June 1.

Thefts & break-ins

Cody A. Bussard, 28, of Everett, Pa. and Gregory A. Gracey Jr., 30, of Breezewood, Pa. were indicted for bringing a stolen 2001 Dodge Ram into the state, petit larceny and fleeing on foot from police.

The theft charge involved stealing a purse from an

elderly woman on April

21.

Travis J. Garcia, 22, of Magnolia Road, Paw Paw, was indicted for domestic battery of a relative and attempted grand larceny of a Ford F-150 in a May 19 incident.

Michael L. Robinson, 50, of Whisner Avenue, Berkeley Springs, was indicted for two counts of breaking and entering, grand larceny, two counts of destruction of property, being a felon in possession of a firearm and having a concealed weapon as well as a third offense of driving while his license was suspended.

Robinson is accused of breaking into the VFW and Re-Steel, south of Berkeley Springs, on the night of June 20-21 and stealing cigarettes, cash and an ATM machine from the VFW.

He is accused of damaging doors, windows and a lottery machine during the break-ins.



see GRAND JURY page 11



Chad A. McGee of Purgitsville was indicted for breaking and entering into West Virginia Rehabbers and grand larceny of kitchen cabinets on April 14.

Charles Hawkins, 40, of Berryville, Va. was indicted for embezzlement. He is accused of selling $4,000 worth of furniture, pictures, jewelry and other items to a Virginia antique dealer. The goods came from a Great Cacapon house that he had been hired to clean up.

Drug offenses

Douglas A. Flanary, 27, of Sir Johns Run Road, Berkeley Springs, was indicted for second offense DUI, fleeing from police while under the influence of alcoholic beverages, two counts of obstructing an officer and speeding. He was also indicted for three counts of simple possession of controlled substances (marijuana, Hydrocodone and cocaine).

Joy M. Lafollette, 32, of Whitetail Drive, Berkeley Springs, and Chad L. Lamp, 27, of Cold Springs Drive, Martinsburg, were indicted for delivery of heroin, possession of heroin with intent to deliver, delivery of heroin and conspiring to commit the crimes, all from an incident in May.

Travis R. Thompson, 32, of Radio Station Road, Berkeley Springs, was indicted for two counts of delivery of a controlled substance (Vicodin & marijuana) in mid-June.

Jason L. McCauley, 24, was indicted for possession with intent to deliver crack cocaine in February. He is in the Eastern Regional Jail.

Anne L. Chenoweth, 54, of Hammond Street, Great Cacapon, was indicted for two counts of growing marijuana in May, and for conspiring with Daniel Newton to commit the crimes.

Lionel A. Collins, 27, of Roundhill Drive, Berkeley Springs, was indicted for growing marijuana in April.

Fraud cases

Bernard M. Lowe, Jr., 23 of Stone Mountain Road., Little Orleans, Md. was indicted for forging and passing a $113 check on a couple's account in February and for fraudulent schemes.

Michael R. Noe, 27, was indicted for two counts of fraud in connection with a woman being defrauded of $180. He is in the Eastern Regional Jail.

Michael L. Robinson, Jr., 31, of Henry Michael Road, Berkeley Springs, was indicted for forging and passing a $150 check on a local man's account in May. A Berkeley Springs man accused of murder, and a Hedgesville man accused of causing the death of his mother in a traffic accident, were among 19 people indicted by the Morgan County Grand Jury on Tuesday, September 2.

The accused persons are expected to be arraigned before Circuit Judge Gina Groh on Monday, September 15. At that time they will enter guilty or innocent pleas and have their bond amounts and trial dates set.

2008-09-10 Citizens take PATH of most resistance News Articles messenger Kate Evans Full HTML The local Citizens Against PATH has begun an online campaign to stop the Potomac-Appalachian Transmission Highline (PATH) from coming into the county.

Residents can sign a petition that opposes all proposed PATH routes through Morgan County at the group's Stop PATH! In Morgan County website.

The website can be found at www.stoppath.net. People can also receive e-mail alerts and updates if they choose.

A public comment form on the website can be filled out and sent directly to PATH officials, said Jerry Berman of Citizens Against PATH. A printable petition may be downloaded to get neighborhood signatures or to place it in area stores so those without computers can also have a voice, he said.

PATH route decision soon

A preferred PATH route may be chosen as early as October and that decision could be taken to the state Public Utility Commission in December, Berman said. PATH officials could interpret lack of comment from residents as a go ahead for the routes in Morgan County, the group said.

To stop the routes in the county, we have to stand together, Berman said. He urged residents to act.

Why not here?

Citizens Against PATH cites the reasons to oppose PATH in Morgan County are property rights and the environmental, health and scenic impact.

While property owners would be compensated for land use, the project's effect on people's homes, way of life and heritage couldn't be calculated, according to their website. Huge PATH towers will jut from county landscapes and the natural beauty of Morgan County will forever be diminished.

The group also maintains that herbicides that would be used on the power line right of way will damage the Cacapon and Sleepy Creek watersheds. They also question what the potential effects of living near the high-voltage transmission lines could be for residents.

PATH power line

The PATH transmission line is a 244 mile, 765-kilovolt line that would bring expanded electric power to the Northeast states. The power line would cut a 200-foot strip of land, twice the size of the current power lines. PATH is scheduled to be constructed by Allegany Power and American Electric Power by 2012 to protect customers from potential blackouts and power outages.

Possible Morgan County routes for the project include several new transmission lines and a few others that would run along existing power lines.

Morgan County routes

A description of seven possible PATH routes through Morgan County along with a map of the routes are shown on the website.

Routes include one running from Largent along the western side of Cacapon Mountain, several different routes through southern Morgan County near Unger and Fish Hatchery Road and a route crossing Route 9 East north of Pleasant View Elementary.

A couple of the proposed routes cross Cold Run Valley Road, U.S. 522 and Johnson Mill Road and tie into an existing line at the north end of Sleepy Creek Wildlife Management Area.

The one route crosses New Hope Road and Virginia Line Road and the other crosses Theodore Hovermale Road, Peter Yost Road and Eckerd Drive.

Path of least resistance?

Berman, a Great Cacapon resident, said they still don't understand why at the last minute routes were proposed through Morgan County. He thought power company officials felt that Morgan County was the path of least resistance.

More than 250 people attended the public meeting on August 14 at the Homestead Restaurant about the proposed PATH routes through Morgan County. Of the 16 public meetings held about the project, it had the largest turnout.

Berman has worked on the website and Stop PATH campaign with his wife Sally Berman, along with other organizing committee members, who are Jim Hoyt, Ken Dabkowski, Bibi Hahn and Joe Bradley. They collected 150 signatures for their petition at the public meeting. Those who signed it were from all over the county, Berman said.

Their website also lists contact information for state and local officials so residents can let them know their concerns about PATH.

Petition address

Paper petitions can be mailed to or dropped off at STOP PATH, P.O. Box 1136, Berkeley Springs, WV, 25411.

The local Citizens Against PATH has begun an online campaign to stop the Potomac-Appalachian Transmission Highline (PATH) from coming into the county.

Residents can sign a petition that opposes all proposed PATH routes through Morgan County at the group's Stop PATH! In Morgan County website.

2008-09-10 County okays special Coolfont tax district News Articles messenger Kate Evans Full HTML The Morgan County Commissioners unanimously approved establishing a Coolfont Community Enhancement District, following a long public

hearing on Friday, September 5, Commissioner Brenda Hutchinson said her vote was conditional on the commissioners giving a directive to the Morgan County Planning Commission about the Carl M. Freeman Companies project.

Each commissioner will bring a list of issues to the September 19 meeting that they feel should be considered when the planning commission eventually deals with the development's application.

As outlined, the Freeman project would create 1,200 homes at the former Coolfont Recreation and neighboring properties that Freeman has purchased. Public water, sewer and road infrastructure are estimated at nearly $45.3 million.

The community enhancement district is a way of placing assessment fees on property owners within the district to pay for this infrastructure.

Funding mechanism

The enhancement district gives the company the financial ability to fund the project, said Commissioner Glen Stotler.

Approval of the district doesn't mean the commissioners are giving the go-ahead to the project, Stotler said.

Freeman Companies still must seek local planning commission approval after federal and state reviews of the project are finished and necessary permits are issued.

Bond issue

During the 2 1/2 hour public hearing, Russell Mokhiber said Freeman Companies should seek private financing for their project instead of being allowed to float tax-free bonds with investors.

Bob Marggraf, the Freeman Companies vice-president who manages West Virginia operations, said the tax-free bonds were put in place by the government to get companies to invest in infrastructure.

He estimated that about $15 million in interest would be lost in tax revenue to the state over a 30-year period with tax-free bonds, while the return to the county would be $139 million in real estate taxes during that time.

That's a pretty good return, Marggraf said.

If they had to pay interest on the bonds, the higher costs would be passed along to homeowners in the development, he said.

Proffer request

George Farnham wanted the commission to ask for a 1% proffer from Freeman Companies on the selling price of their homes.

Farnham thought the company should help pay for the future impact on infrastructure like roads, as well as help the county acquire a new fire truck for the Cold Run Valley area and a parking garage to accommodate more visitors in town.

Questions were also raised about limestone getting into residential wells, sinkholes, widening of roads, traffic congestion and the need for stoplights or stop signs.

No limestone was found in any of the borings, Commissioner Thomas Swaim said.

The area isn't subject to sinkholes, Marggraf said.

If stop signs or stoplights were deemed necessary by the Division of Highways, the developer would pay for them, he said.

County obligations

Barbara Tudor wondered what the county's obligations were and what would happen if the lots didn't sell.

Bond counsel John Stump of Steptoe & Johnson said that if no lots were sold, there would be a lien and a tax sale against the properties. The new property owners would become responsible for the assessment fees, he said.

The county's only obligation is the collection of assessments by the sheriff's department. The county will receive an administrative fee for collecting the district fees, Stotler said.

There is no other county responsibility involved, he said.

District board

Mokhiber thought the county should nominate their own board to oversee the tax district instead of having a Freeman-controlled public corporation.

Stump said Freeman had the right by state law to recommend three of four community enhancement district board members.

The board members would be Marggraf, John Petersen, Ann Harkins and Gat Caperton. By state code, the fifth board member must be the sheriff.

What's the rush?

Commissioner Hutchinson didn't want to rush into approving the district. She said she didn't oppose the plan, but wanted time to think about the public comments. She asked for a workshop this week where agreements with Freeman could be spelled out in writing.

Hutchinson felt the enhancement district could be a bargaining chip in negotiating things such as road improvements, jobs, the idea of proffers and the possible need for a Coolfont fire substation.

Attorney Richard Gay advised that there is nothing in the law that allows negotiations for community enhancement districts. He said Freeman had met the statute requirements.

If the county wants proffers, they should be added as an amendment to the subdivision ordinance, Gay said.

The commissioners had already taken six months for a legal and economic review of the Freeman petition, Commissioner Stotler said.

Hutchinson had good suggestions, but they were best addressed through the planning commission, he said.

Both Stotler and Swaim indicated they were ready to vote.

Support voiced

Delegate Daryl Cowles said the Legislature designed community enhancement districts to fund top-quality infrastructure and allow citizens to pay their own way.

It's a great tool and a great value. It's not a subsidy, Cowles said. It's a win-win for the larger community at whole and the community itself.

Jerry Berman said enhancement districts were created by progressives to draw development to rural communities. He asked, if it's not approved, what takes its place?

County Administrator Bill Clark said the county's Economic Development Authority supports the Coolfont Community Enhancement District.

Jeanne Mozier urged the commission to support the district, saying it is an excellent way to fund state-of-the-art water and sewer facilities.

Commissioner Stotler felt the benefits of the project included increasing the tax base and creating jobs and opportunities in the community.

Commissioner Swaim saw it as a win-win situation and said they had done their homework. He made the motion to approve the idea.

Commissioner Hutchinson seconded it, with the planning commission directive as part of the motion.

And the vote was unanimous.

The Morgan County Commissioners unanimously approved establishing a Coolfont Community Enhancement District, following a long public

hearing on Friday, September 5, Commissioner Brenda Hutchinson said her vote was conditional on the commissioners giving a directive to the Morgan County Planning Commission about the Carl M. Freeman Companies project.

2008-09-10 Here