BURR PARK WATER SYSTEM:

• Case No. 03-076-W-PC, WV Public Service Commission
  Investigation of Jefferson Utilities, Inc.
  data obtained thru the Freedom of Information Act (FOIA)
  Concerning:   "... the Bureau's recommendation that the Public Service Commission launch a general investigation to determine the capability of the Jefferson Utilities in meeting regulatory requirements of both the Bureau and the PSC.. ..."
  includes multiple attachments specific to the state of WV's investigation
  18 pagse 1,865KB Requires Adobe Acrobat Reader

• Correspondence from Jefferson County Commission
  July 21, 2005
  TO: William F. Hagy III Deputy Administrator - Rural Business Cooperative Services from A.M.S. Morgan III President, JCC
  Concerning 3 questions:
  1. SHOULD THE PREAPPLICATION FORM (SAI-WV-881221-033) WITH EXHIBIT 1 BE CONSIDERED PART OF THE ORIGINAL GRANT AGREEMENT AND THUS MUST BE COMPLlI:D WITH?
  2. DOES THE FACT THAT THE PREAPPLICATION FORM WAS SIGNED BY THE PRESIDENT OF THE COUNTY COMMISSION GIVE US MATERIAL "SAY" IN THE SALE OF THE WATER SYSTEM?
  3.DOES THE JEFFERSON COUNTY DEVELOPMENT AUTHORITY'S USE OF COMPETITIVE BIDDING AND THEN NOT AWARDING TO THE HIGHEST BID CALL THE SALE OF THE W'ATER SYSTEM INTO QUESTION?
  2 pagse 288KB Requires Adobe Acrobat Reader

• Correspondence from Jim Weimer, WV Public Service Commission
  July 5, 2005
  TO: Jim Surkamp, Jefferson County Commissioner
  Concerning:   "...I look forward to someone finding a satisfactory middle ground that all can agree on so water and sewer will cease to be the pawns in the development battle. ..."
  1 page 70KB Requires Adobe Acrobat Reader

• Correlation & Final Estimate Value
  September 5, 2003
  Prepared for: Craig St. Clair, USDA Rural Development
  Concerning:   pages 41 & 42 of Rolston & Company Appraisal Report of BURR and BARDANE WATER SYSTEM (with the Index and Information )
  3 page 733KB Requires Adobe Acrobat Reader



• Correspondence from USDA Rural Development
  April 29, 2005
  TO: State Director - Rural Development, Morgantown, WV
  from: William F. Hagy III
  Concerning:   "... If the sale does not include a written agreement to continue to abide by the terms of the original grant agreement, JCBC will be required to repay USDA a sum equal to 33.6 percent of the profits (approximately $156,576) ..."
  1 page 152KB Requires Adobe Acrobat Reader



• Correspondence from USDA Rural Development
  January 5, 2004
  TO: State Director - Rural Development, WV
  from: William F. Hagy III
  Concerning:   "... We have received and reviewed your request for our guidance regarding the attempt to value the real property, and improvements thereto, comprising what is commonly known as the Burr and Bardane Water System ..."
  2 pagse 153KB Requires Adobe Acrobat Reader



• Correspondence from Jefferson County Development Authority
  February 28, 2002
  TO: William F. Hagy III
  from: Jane K. Peters, CED
  Concerning:   "... Under RD Instruction 1900.53(a)(3), I am entitled to an infonnal meeting with you regarding [proposed sale of water system Burr Industrial Park] ..."
  1 page 115KB Requires Adobe Acrobat Reader



• Correspondence from Jefferson Utilities, Inc.
  March 15, 1999
  TO: Jane K. Peters, CED - from: JU, Inc.
  Concerning:   "... , by acquiring Burr/Bardane we plan to extend service to and interconnect the Appalachian Fruit Research Station, Fox Glen Subdivision, North Jefferson Elementary School, Shenandoah Junction, Jefferson High School, Harpers Ferry Job Corp, Briar Run, Park View Wood Lawn, Walnut Grove, Breckenridge, Gap View Subdivision, Meadow Brook and Harpers Ferry Caverns Campgrounds, ..."
  2 page 192KB Requires Adobe Acrobat Reader



• Purchase & Sale Agreement
  December 8, 1999
  Grant Closed February 28, 1991
  by and between : ... Jefferson County Building Commission and Jefferson Utilities, Inc.  "... description of the easements in the state roads described in conjunction with the Burr and Bardane Industrial Park, as provided by the State Road Commission of the State of West Virginia; water wells, water storage tanks, two water treatment systems, water transmission and distribution lines located in the Burr Industrial Park and Bardane Industrial Park in Jefferson County, West Virginia all plans of the systems and the water treatment plant on mylar and digital disk if possible; all operating manuals and the equipment manufacturers' information, all records of ..."
  17 pages 1,246KB Requires Adobe Acrobat Reader



• Association Water or Sewer System Grant Agreement
  UNITED STATES DEPARTMENT OF AGRlCULTURE FARMERS HOME ADMINISTRATION
  October 11, 1989 Grant Closed February 28, 1991
  an Agreement between: ... Jefferson County Building Commission signed by James L. Nichols, Chairman and Lawrence H. Betler, District Director -- Attest: Henry Shepherd, Secretary
  5 pages 590KB Requires Adobe Acrobat Reader



• Interim Water System Connection Agreement
  October 25, 2001
  By and Between: ... James M. Davis, President, Jefferson County Building Commission and B. Lee Snyder, President, Jefferson Utilities, Inc.
  [where text appears illegible resulting from scanning, see transcription(s) added for clarification]
  4 pages 506KB Requires Adobe Acrobat Reader



• Preapplication for Federal Assistance, USDA
  date unclear
  Representative: ... Henry W. Morrow, President, Jefferson County Commission
  Applicant: ... Jefferson County Industrial Park Water System, Appalachian Regional Commission Construction Grant for Water System with 32 yes/no choices for "Are any of the following land uses or environmental resources either to be affected by the proposal or located within or adjacent to t[he] project site(s)?"
  3 pages 1,056KB Requires Adobe Acrobat Reader



• Correspondence from Tackley Mill, LLC - Legacy Custom Homes
  June 21, 2005
  TO: Jane K. Peters, CED Jefferson County Development Authority
  Concerning: ... in accordance with your inquiry, Tackley Mill will have capacity at its proposed sewage treatment plant to be built across Route 8 to provide the Burr/Bardane Industrial Park with up to 106,000 gallons per day ... cost of the plant and related facilities is estimated to be approx. $6,000,000, and we would charge you 10% of the cost for your share of the construction ...
  1 page 88KB Requires Adobe Acrobat Reader



• Summary of Water System Sale
  June 21, 2005
  appraisal establishes a value of $466,000 for the system ... determined that if Jefferson Utilities abides by the terms of the original grant agreement, no grant repayment will be required.
  2 pages 184KB Requires Adobe Acrobat Reader



• Summary of Sewer Alternatives- Burr Business Park Phase 2
  June 21, 2005
  Several sewage treatment options have been identified and evaluated by Dewberry ... all will involve approx. $3 million onsite work
  1 page 72KB Requires Adobe Acrobat Reader



• Correspondence from Patton Harris Rust & Associates
  August 15, 2002
  TO: Jane K. Peters, CED Jefferson County Development Authority
  Concerning: ... PHR+A prepared a computer model of the major network and line sized for the existing water system in the Burr and Bardane Industrial Parks located along Brown Shop Road (County Route 8) near Charles Town, WV … the feasibility of providing water services from the existing system to a proposed 800 unit development west of the site across Brown Shop Road … It did not include modeling or evaluating the adjacent water system in Shenandoah Junction which is connected to the Burr and Bardane systems … [or] evaluating the water supply and storage needs …
  5 pages 353KB Requires Adobe Acrobat Reader



• Correspondence from Robert M. Steptoe III, USDA State Director
  CC: The Honorable Shelly Moore Capito; William F. Hagy III
  TO: Jane K. Peters, CED Jefferson County Development Authority
  June 6, 2005
  Concerning: ... the sale of the Jefferson County Building Commission's industrial park water system to Jefferson Utilities ... is granted ... must abide by the terms of the original grant agreement ... must be sold at the value determined by the third-party appraisal that was conducted by Rolston and Company on July 15, 2003 and approved by the agency on
  November 3, 2003 ($466,000).
  2 pages 152KB Requires Adobe Acrobat Reader



• USDA Assurance Agreement
  Form RD 400-4 OMB No. 0575-0018
  1 page 125KB Requires Adobe Acrobat Reader



• Correspondence from Nicholas Mamone, USDA Attorney ...
  CC: Phil Southers, Dave Oblich, OGC. Washington
  TO: Randy Plum, RUS Program Director
  RE: Jefferson County Development Authority
  March 20, 2001
  Concerning: … advice on how to proceed with regard to Jefferson County Development Authority's (JCDA) intent to sell its water system to a private, for-profit utility company, Jefferson Utilities (JU).
  Summary: ... JU is ineligible to purchase the assets of JCDU which were acquired with ARC grant funds, unless 7 CFR §3015.163(b) is waived by OMB at the request of RUS pursuant to 3015.3(d) to effectuate Executive Order 12803, and 7 CFR §3016.31(b) is waived by RUS itself pursuant to 3016.6(c). If such waivers are accomplished, then JCDU would still be prohibited from accepting the lowest bid submitted to it, and must either accept the highest bid or an appraised value set by the head of the agency.
  7 pages 492KB Requires Adobe Acrobat Reader



• Correspondence from W. Craig St. Clair, MFH Program Director ...
  w/attachment; CC: Randy Plum, RUS Program Director
  TO: Janna Lowery, RUS Specialist, Rural Development - RUS
  November 3, 2003
  Concerning: … sale of Jefferson County Development Authority water system in 1997 appraised at $1,250,000.00 - rejected by the JC Development Authority
  Initial Correspondence TO: Jane Peters, CED, Jefferson County Development Authority
  Concerning: ... appraisal by RealCorp found unacceptable by USDA who then contracted Mr. Darrell Rolston, independent appraiser, to reappraise the value of the water system.
  Summary: ... narrative appraisal report, limiting conditions and certification of Rolston & Company's appraisal qualifications. The appraisal made was with the assumption there are no adverse environmental concerns … The September 5, 2003 Burr and Bardane Water System Appraisal was found to be $441,000.00 vs. three bids previously received:
  $250,000.00 (JC PSD bid rejected)
  $340,000.00 (Jefferson Utilities bid accepted by JC Development Authority)
  $750,000.00 (City of Charles Town bid rejected)
  [where text appears illegible resulting from scanning, see transcription(s) added for clarification]
  15 pages 1,835KB Requires Adobe Acrobat Reader