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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
July 24, 2013     Spirit of Jefferson Farmers Advocate
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July 24, 2013

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A10 Wednesday, July 24, 2013 I News Spirit of JEFFERSON and FARMER'S ADVOCATE HBPA FROM PAGE A1 represents the Racing Commis- sion, to the Lottery Commission's in-house legal counsel Hammer previously described the move as a "takeover" of the Racing Commis- sion by the Lottery Commission. David Hammer, the HBPA's lawyer, said the organization had filed a writ to block the proposed ,agreement in an effort to avoid "arbitrary decision-making behind closed doors." "Under the old proposed agree- ment, the Racing Commission would have abdicated its responsi- bility for promulgating, interpret- ing and creating the roles of racing and instead feed all that respon- sibility over to the Lottery Corn- .mission," he said. "It would turn it over to an executive agency, and their in-house counsel who are not reportable to anyone. The HBPA would lose the protection that it has from the Attomey General's fair interpretation and application of the rules of racing. "For HBPA members, every as- pect of their businesses are gov- emed by Racing Commission rules and regulations," Hammer said. "Under the law, the advisor "to the Racing Commission is the Attorney General." Hammer said that Kiss's deci- sion was a win for the horsemen. "It looks like our writ has been effective, and the Racing Com- mission, by order of Bob Kiss the cabinet secretmy upon the advice of Attorney General Patrick Mor- risey, has removed the section of the agreement that was offensive to us" he said. "So the Racing Commis- sion will no longer seek legal advice from the Lottery Commission, and the Lottery Commission is likewise directed not to provide legal advice to the Racing Commission. "We thank the Attorney General for guiding that in the correct di- rection and Bob Kiss for making the fight decision," he said. HBPA President Randy Funk- houser said his organization still 'had to review and evaluate re- ' maining portions of the interagen- 'cy agreement before it could deter- mine if its members were fully sat- isfied with the agreement. "The Horsemen are clearly con- 'cemed about fairness and pre- serving the monetary benefits that ' come from both racing and breed- 'ing awards," Funkhouser said. "Our concern is maintaining that, because everything has been done so secretly." "Under the Open Meetings Act, we felt that it was required that we at least be able to see this and know what is involved in it." Funkhouser said his group has similar lingering concerns about the split of Penn National Gaming into a gaming company and a Real Estate Investment Trust, which will own the physical casinos and tracks. Hammer previously speculated that the REIT might not hold a rac- ing license, which would therefore leave it unregulated by the Racing Commission. "We have not been clued in on any of the contracts, the questions that are involved," Funkhouser said. "We are concerned about the long-term commitment to racing. "We are naturally concerned when there is secrecy involved in what should be an open proceed- ing," he said. Bank robber caught in Charles Town By ROBERT SMITH news@spiritofjefferson.eom CHARLES TOWN -- A man wanted for the robbery of City Na- tional Bank in Berkeley Springs on July 11 was captured by West Virginia State Police at the North- gate Inn in Charles Town Thurs- day, according to police. Justin Andrew Shives, 25, of Berkeley Springs, was appre- hended after Jefferson County Sheriff's Department responded at 9:39 a.m. to a report of a dis- turbance. Jefferson County Deputy G.W. Kilmer made contact with Shives ~and discovered he was want- ~ed on an arrest warrant for the :bank robbery and also wanted :in Maryland on unrelated drug charges, police say. Shives was arrested for the bank robbery warrant and also charged as a fugitive from justice by the State Police. He is being held at Eastern regional Jail in lieu of a $200,000 bond. Envision FROM PAGE A4 once it's complete - the com- prehensive plan - and comes before this body, is just unac- ceptable." Commissioner Lyn Wid- myer laid the blame for shelv- ing the study at the feet of the commission. "We had a public participa- tion program with lots of peo- ple involved, engaged and giv- ing recommendations and this commission did not even dis- cuss it," she said. Brockman said there was still a great deal of time for the statement of goals and objec- tives to be revised. "There is going to be oppor- tunity to give us more feedback -to do more edits," Brockman said. "We're hoping this will be done by the end of August or September," She said she hoped plan- ning staff would be able to hold a joint meeting with the County Commission and the Planning Commission to en- sure that there was a broad consensus. "If you don't agree with the direction that the goals an ob- jectives have, then we can't write the recommendations. We need to know that you all are in agreement," Brockman said. "We don't want to waste the next six months writing recommendations if you don't agree with where we are go- ing." County Planner Seth Ri- vard said that development of the future land use map would lead to major improvements in the planning process going for- ward. The map will focus on "In the 2004 plan, we'vement rights," he said. the future, securing more rev- three major types of growth defined what the growth areas Commissioner Walt Pel- enue." areas: urban growth areas, were, but we never said what lish argued that setting up a "We've got a big hole fac- preferred growth areas and should be in them within the flexible, rapid development ing us," he said. "And in or- villages, locations," Rivard said. "We approval system will be key der to protect this county Of these, R~vard said, the should be a little more granu- to shoring up the county's and the citizens of this coun- most pivotal may be the de- lar." . stressed finances, ty, we've find a way velopment of the preferred Rivard emphasized thatde- "This county is at a critical to generate new revenue. growth areas - sections of the velopment of the map would crossroads, and we have one To my way of thinking, that county outside of municipali- not impact current land use. heck of an opportunity to so- does not come from taxa- ties but near to transportation "We are not going to change lidify our future," Pellish said. tion. It comes from econom- and utility infrastructure, anybody's zoning or develop .... This county is all about, in ic growth." - Jefferson Urgent Carepattent At Jefferson Urgent Care, our patients always feel like they are in good hands, because we give each person the personal attention they deserve. 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