Harpers Ferry Harpers Ferry Harpers Ferry Community Community Community NewsletterNewsletterNewsletter

October 2015 Volume 12 Issue 10

The Town’s official website has useful information including important notices,

ordinances, meeting minutes, official applications, and events calendar. Visit us at

www.harpersferrywv.us

Inside this issue:

Calendar, Events and B&O / Bus.

License

2

Welcome New Water

Commission Members

PC Quiz

3

Blast From the Past

Public Hearings 4

What is Home Rule? 5

A message from the Mayor 6

Letter from Mayor to SWaN 7

Harpers Ferry Strong

Ribbon Cutting

Oct 3, 2015

Tenfold Fair Trade

Collection

The Vintage Lady

Mena’s Pizzeria and Italian Restaurant in Harpers Ferry

donated $3,555.00 to the Renew Harpers Ferry fire relief

fund. The restaurant

donated 10% of

proceeds for the month

following the fire plus

contributions from

customers. The Renew

Harpers Ferry fire relief

fund is administered

by the Harpers Ferry-

Bolivar Historic

Town Foundation. Contributions can be made directly to

the Foundation or online at

www.gofundme.com/RenewHarpersFerry. Direct and

GoFundMe contributions now total $50,000 with a

combined goal of $150,000. The funds are being used to

assist resident, employees, merchants and property

owners affected by the fire.

Dick Cunningham, Brittany Stallings &

Filomena Ariano.

Demolition has begun !!!!

As you know, several buildings in the lower

town were destroyed by fire in late July.

Demolition & debris removal has begun and

will last for several weeks. The Town Hall

will notify residents and businesses of any

road closings.

Harpers Ferry shops & restaurants welcome

visitors throughout the restoration process.

Before…..

After…..

Open and ready for business.

Photos by: Kathryn Miller

2 Town Calendar All meetings at Town Hall, unless noted otherwise.

Nov 9 Town Council meeting, 7-9pm

Nov 11 Veterans Day, Town Hall / Water Dept. Office Closed

Nov 11 Parks & Recreation Commission meeting, 6-8pm

Nov 14 Town Council/Planning Commission Workshop, 9:30-11:30am

Nov 16 Trail & Town Alliance meeting, 5-7pm

Nov 16 Historic Landmarks Commission meeting, 7-9pm

Nov 17 Planning Commission meeting, 7-9pm

Nov 18 Harpers Ferry Foundation Board meeting, 5:30-7:30pm

Nov 18 Water Commission meeting, 7-9pm

Nov 19 HF Merchant Association meeting, 6-8pm

Nov 25 Harpers Ferry Foundation Board meeting, 5:30-7:30pm

Nov 26 Thanksgiving Day, Town Hall / Water Dept. Office Closed

Nov 27 Thanksgiving Day Holiday, Town Hall / Water Dept. Office Closed

Dec 2 Municipal Court, 7-9pm

Dec 5 Town Council Special meeting, 9:30-11:30am

Anyone wishing to review any of the documents or information considered by the Council (the Council “packet”)

for past (or pending) meetings can find them on the town website (www.harpersferrywv.us) under “Council Docs.”

The documents are posted to the website the Friday before regular Council meetings. A paper copy is also

available in a public meeting notebook available at Town Hall.

It’s that time again…..

B&O Taxes and Business Licenses are due.

If you conduct business in Harpers Ferry and you

have not yet applied for your fiscal year 2016

business license - it is still not too late. Please fill

out the Business License form and return it to the

Town Clerk at Town Hall. If you conduct business

in Harpers Ferry you must have a valid business

license.

First quarter B&O taxes of fiscal year 16 were due

by October 31, 2015. If you have earned income

within the town of Harpers Ferry, please fill out

the B&O form and return to the Town Clerk at

Town Hall. If your business did not earn any

income, please return form marked $0.00.

If you have any questions regarding either form,

please don’t hesitate to give me a call at 304-535-

2206 ext. 1.

All forms can be found on our web site

www.harpersferrywv.us under the Town Council

tab.

Thank you, Leslie

Potomac Street at Sunrise. Photo by: Kathryn Miller

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Communicating with the Mayor or Council

Mayor Greg Vaughn hfmayor@frontier.com

Recorder Kevin Carden kevin.carden@harpersferrywv.us

Council Betsy Bainbridge betsybainbridge@yahoo.com

Members Jerry Hutton jerwar@frontiernet.net

Hardy Johnson hsjohnsonjr@yahoo.com

Charlotte Thompson charlotte.thompson@harpersferrywv.us

Helen “Hap” Becker hap.becker@harpersferrywv.us

Town Hall Phone: 304-535-2206 lstout@harpersferrywv.us

Town Website Click here

Newsletter Information:

Editor / Layout: Leslie Stout

Next deadline:

November 18, 2015

Email for submittal rules and

deadline or to be added to the

notification list.

Water Commission Welcomes Two New Members

The Town Council recently appointed two new members to the Harpers Ferry Water Commission. Laurel

Drake is a Harpers Ferry resident who has previously served as chairperson of the Harpers Ferry Historic

Town Foundation. Karen Owens is a resident of Bolivar Heights and will serve as the non-municipal

representative. She was a member of a group that helped to improve hydrant issues several years ago. We

welcome both individuals to the Water Commission.

QUIZ! – PC proposed Promontory Overlay

The Planning Commission (PC) has forwarded its final recommendation for regulating the Promontory Overlay District

to possibly receive proposals for a hotel redevelopment.

The Quiz: Do the proposed overlay boundaries...…(yes or no)……

a)…………include all the developer-owned properties as they have requested?

b)..........allow for any hotel parking west of Columbia St?

c)…………change the actual zoning of any properties?

d)…………change the need to regrade Columbia St for hotel traffic?

e)…………allow business activities in overlay residences that are any different than in the rest of Town?

f)…………ignore public input?

If you answered “No” to all of these, congratulations, you have been following us carefully! Council will have its

Hearing for the proposal in December, so if you missed any of the above questions, you may want to read up a bit or ask

any PC member for clarification. In addition to the formal recommendation, the PC will publish a Study & Findings

Report that explains its proposal based on the Comprehensive Plan, the Town Visioning outcomes, extensive public

comments and - in addition - the Report provides supporting data for our recommendation. Here are the citations that can

lead you to the answers to the above questions:

a) see PC recommended map, noting the request to include all developer-owned properties by Mark Dyck on

several occasions (e.g., 5/2015, 11/2013);

b) see 1313.04(c)(1)C and 1313.04(c)(1)D2;

c) none proposed and see discussion in Sept 2013 PC Report;

d) see 1313.04(d)(1)F;

e) see 1313.04(c)(1); and

f) see the Supplementary Study & Findings, especially Appendix B (can be found at the site below).

All relevant PC documents can be found at:

https://sites.google.com/site/harpersferryplanningcommission/home

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Blast from the Past

Notes from 124 years of Town Council Minutes (with original spellings)

Curated by Dan Riss

7 may 1914 "It is moved…that Dr W E Dittmeyer is granted permission to bury a Gassileen Tank under

the Sidewalk at his building on the Corner of Shen & High St with the understanding

that if it should cause any accident Dr W E Dittmeyer will be responsible for Said

accident."

27 may 1943 "Motion…that a letter be written to Wm Marmion, asking him either to

get rid of his pigeons or to pen them up because of the nuisance they are to his

neighbors; also to discontinue the practise of throwing water from his building onto the

premises of his neighbors. Passed unam."

10 oct 1946 "Mrs Thompson, proprioter of the Hill Top Hotel was presented and asked the council to

assist, (in any they saw fit) her and the town to receive better water service. She stated that she had been

without water for a week and that she was losing business every day."

5 feb 1953 "Councilman Lloyd Hough brought up matter that we should endevour to keep the Liquor

store in Harpers Ferry when Park Area takes over and that we should try and locate some place where

this store could be located in Harpers Ferry to keep this revenue in the town. The amount of revenue

that comes back to the town in Liquor Tax Refund amounts to around $1000 to $1200 per year which

pays for the street lights."

Town Council to Hold Public Hearings

for

Ordinance Amendments

November and December

Public Hearings, Monday, November 2, 2015, 7:00 pm

• Home Rule Application Adoption Ordinance (see Home Rule article on p. 5)

• Amendment to Article 1322 Nonconforming Provisions to facilitate recovery by the recent fire victims

and victims of any future calamities of this nature

Public Hearing, Saturday, December 5, 2015, at 9:30 am

• Amendments to Article 1313 Overlay Districts and the Zoning Map to describe a promontory overlay

district for a hotel redevelopment and an associated overlay boundary map.

All ordinance amendments will be available on the Town website and hard copy for viewing at Town

Hall. All Public Hearings are duly advertised in The Spirit of Jefferson, and written comments will be

considered if received by the dates specified in the advertisements.

5

“What’s All the Talk about Home Rule?”

Chad N. Proudfoot, Program Coordinator

WVU Extension Service

By now, many residents of Harpers Ferry may have heard that the town is considering an application for Home

Rule status. Because of the impact this can have on the town government, the council thought that it would be

a good idea to take some time to explain the ins-and-outs of Home Rule in the newsletter.

In West Virginia, municipalities only have whatever authority is specifically granted to them within the State

Code. Because the situations and needs of localities are different throughout the state, for years many

municipal governments supported the idea that they should be given greater control over their own local affairs

(“Home Rule”). In 2007, the Legislature created the Municipal Home Rule Pilot Program and allowed four of

the larger cities (Bridgeport, Charleston, Huntington, and Wheeling) to participate. The pilot program

originally allowed these municipalities to enact any ordinance to govern their own affairs, even if it conflicted

with state law, as long as it did deal with some specific subjects (controlled substances or crimes). The initial

program proved successful and, after some modifications and a few more limitations, it was expanded in 2013

to let more cities join to include our neighboring cities of Charles Town and Ranson.

In 2015, the Legislature passed another expansion, and this time not only allowed towns and villages to apply

(known as Class IV municipalities because they have a population of 2,000 or less), but actually guaranteed

four spots for these applications. This is when Harpers Ferry decided that Home Rule was worth considering.

The way the process works is that each municipality must write a Home Rule plan that details what ordinances

it wants to enact that will make the town run more efficiently, smoothly, or will improve quality of life. The

plan must specifically mention what parts of the State Code are hampering these developments and what it

wants to do to change this. Then, the plan must be placed out for public comment for thirty days. At the end of

the public comment period, a public hearing must be held to let residents speak for or against the proposal.

Following this, the town may adopt an ordinance allowing the Mayor to submit the proposal to the Municipal

Home Rule Pilot Program. If submitted, the plan then goes to the Municipal Home Rule Board, and Harpers

Ferry must make a presentation at the board meeting describing its proposal. If the board approves the plan,

then Harpers Ferry will be a part of the program and can enact everything contained in its plan, and can also

make amendments at any time in the future.

One of the proposals contained in nearly every Home Rule application, and one that Harpers Ferry has included

as well, is the authority to enact a municipal sales tax. State law says that, as part of the Home Rule Pilot

Program, a municipality may enact a 1% municipal sales tax if it also lowers its Business & Occupation (B&O)

Tax. In Harpers Ferry’s proposal, the town has chosen to lower the amusement category of B&O tax, eliminate

the B&O tax for businesses making less than $10,000 per year, and also to lower the Hotel Occupancy Tax

from 6% to 5%. The town is also committed to re-evaluating this on a yearly basis to see if there are other

areas of B&O taxes that may be lowered in the future, depending upon the income from sales tax revenue.

Harpers Ferry feels that this is a prudent method to help ensure the town’s long-term financial stability, and that

it will also place very little burden upon the town residents because much of the sales tax will be paid by the

tourists passing through the community.

Participating in the Home Rule program should produce some tangible benefits to Harpers Ferry in the short-

term, and also opens up the possibility for more positive changes in the future. Residents are encouraged to

learn more about the Municipal Home Rule Program by visiting its website at http://www.wvcommerce.org/

people/wvhomerule/default.aspx. The Town Council will hold a public hearing on the Harpers Ferry proposed

Home Rule plan on November 2, 2015 at 6:30 PM at Town Hall. Everyone is welcome to attend.

6

A message from the Mayor The following is an update on a few important issues affecting Harpers Ferry.

On July 23rd a devastating fire in Lower Town destroyed four buildings and displaced ten

businesses. The ten businesses represented approximately 30% of the Lower Town commercial district.

However, despite this tragedy, I am pleased to report that two displaced shops (Vintage Lady and

Tenfold) have reopened at another location in Lower Town and are enjoying a resurgence in customer

visits and sales. Project permits have been approved for debris removal and partial demolition of the four

buildings and work has begun at the site. Town officials will closely monitor the construction area to

limit the impact on visitation, business interruption, and disruption to pedestrian and vehicular traffic.

West Virginia University (WVU), under its land grant authority, continues to provide Harpers

Ferry invaluable assistance in our recovery efforts from the fire. As one of the smallest municipalities in

West Virginia we simply do not have the resources or capabilities to confront all of the demands and

complications placed on us because of the tragedy. The School of Journalism has provided us marketing

assistance. Structural engineers from Civil and Environmental Engineering have provided us an analysis

of the structural integrity of the four buildings. The School of Design and Community Development is

assisting us in developing a streetscape plan to improve the High Street tourist area. Finally, the WVU

Extension Service is providing invaluable assistance with our Home Rule application process.

I am confident that the Lower Town tragedy of July 23rd will result in a re-birth of our

commercial district and that our businesses will prevail to greater heights.

The Hilltop Hotel and associated properties continue to be a high focus and priority. I have

recently sent the property owner (SWaN) a letter (copy enclosed) concerning the degraded condition of

their four Armory Houses located on Washington Street. They have been given 45 days to submit a plan

to mitigate the deficiencies in each Armory House and to bring each one into full compliance with

Ordinance 1109: Nuisances and Property Maintenance. It is hoped that SWaN will fully comply without

the need for additional town action.

The multi-million dollar Potomac Street project continues to progress through the very

complicated and time-consuming grant application and approval process. The construction project has

been approved to be advertised for bid and a construction contract should be awarded in early 2016. The

street project will completely reform Potomac Street in both appearance and functionality. The plans call

for a new streetscape design, relocation of utility poles, underground storm water channeling system,

pedestrian and tourist rest areas and amenities, and the installation of period lighting. The construction

should be completed by early summer 2016.

Finally, it is with regret that as a result of Bolivar’s decision to discontinue its police agreement

for law enforcement services from Harpers Ferry, it was necessary to terminate the employment of

Officer Matthew Harper. He was a valuable and popular police officer and we all wish him well and

thank him for his temporary employment term with the Harpers Ferry Police Department.

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