Water bottling litigation, Teacher pay, Childcare support
Published about 8 hours ago • 12 min read
Observer Weekly
June 4, 2026
Jefferson County, WV news & events
Both the calendar and the thermometer say summer has arrived. For Jefferson County, the first weekend of June is full of outdoor events, including a day-long festival and car show in Ranson and the annual Street Fest in Shepherdstown.
Looking ahead, the Fourth of July is less than a month away. Our spotlight story (which follows the events calendar) includes a roundup of local events marking America’s 250th anniversary.
Summer also means construction season. While we're expecting updates on several major projects in the coming months, drivers in Charles Town should be seeing smoother travel and easier parking on Liberty Street, while Shepherdstown residents and visitors will see some needed repairs taking place around the Shepherd University campus.
— Steve Pearson
The Observer is proud to be the "Best Small Local Newspaper" in West Virginia — WV Living's Best of West Virginia - 2025 Gold Award Winner
In the latest development in the lawsuit brought by Sidewinder LLC after its application to build a water bottling plant in Middleway was denied, the County Planning Commission has filed its response to Sidewinder LLC’s appeal petition at the West Virginia Supreme Court of Appeals. In the 44-page document filed on June 1, the Planning Commission’s attorney summarized the County’s argument against the primary claim in Sindewinder’s appeal:
The Respondent [Planning Commission] acted within the regulatory schemes to review the Petitioner’s [Sidewinder] proposal and determine it violated the Zoning Ordinance because the construction and operation of the water bottling facility built next to a toxic plume while drawing over 1,000,0000 gallons of groundwater per day poses significant risks of destroying the historical character of Middleway and was not a permitted use.
The Planning Commission’s attorney also addressed a “friend of the court” (amicus) brief previously filed by the WV Chamber of Commerce in support of Sidewinder:
The Chamber Advances Policy, Not Law. It focuses on “economic competitiveness” and business climate. Its brief does not engage with the record, ordinance text or the applicable Standard of review
Jefferson County Foundation Files As Intervenor
The Jefferson County Foundation, recognized as an intervenor in the original case by the Circuit Court, filed a separate response brief with the Court of Appeals. The Foundation addressed Sidewinder’s arguments that the Circuit Court (the lower court whose decision Sidewinder is appealing) had exceeded its scope of review and erred in its judgement:
The Circuit Court correctly concluded that (1) the Planning Commission is the clear decisionmaker vested with statutory authority under W. Va. Code § 8A-5-8 to approve or deny Sidewinder’s concept plan, and (2) such a decision may be based on whether the plan complies with applicable zoning regulations. Sidewinder’s contrary argument—that the Planning Commission was powerless to deny Sidewinder’s application and could not even consider zoning—is legally unsupported.
Queen Street in Middleway (looking north)
Preservation Organizations Also File Briefs
The Preservation Alliance of West Virginia (PAWV) and the National Trust For Historic Preservation filed a joint “friend of the court” (amicus) brief. PAWV and the National Trust provided support for the Circuit Court’s decision related to the historic preservation issues:
Of the seven elements of integrity identified by the National Park Service, the [Sidewinder] Concept Plan would inflict adverse effects upon the Middleway Historic District in six of them, an indicator of the severe scale of the proposed harm.
PAWV and the National Trust also focussed on Sidewinder’s claims that the Planning Commission exceeded its authority:
Petitioner [Sidewinder] also argues that the Planning Commission is subordinate to staff zoning decisions, an argument the Circuit Court correctly identified as absurd and unworkable in practice. The National Trust participates in historic preservation planning initiatives and litigation involving planning commissions across the country, and we have never encountered a regulatory scheme remotely like what Petitioner claims exists in West Virginia. If the Court were to grant the appeal, West Virginia's Planning Commissions would be dramatically out of alignment with all best practices for local government land use regulatory schemes known to our organizations, and would be unable to protect West Virginia's historic resources from harm.
Alley between Queen and East Streets in Middlway
Sidewinder will have the opportunity to file a response to these briefs by the beginning of July and then it will be up to the Court of Appeals to decide on when it will schedule its review.
A message from the Skinner Law Firm
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Ed Board Requests Review Of Salary Stipends
Board of Education meeting on May 26
The Jefferson County Board of Education has asked Superintendent Dr. Chuck Bishop to review a compensation policy that provides supplemental pay ranging from 10 to 50 percent of base salary for approximately 60 administrators and support staff.
The roles covered by the Policy 1520 “salary equity stipends” include high school athletic directors, staff accountants, maintenance supervisors, I/T personnel, and the senior administrators (general counsel, CFO, HR director, and deputy superintendents). The Superintendent has a specific employment contract, which is not affected by Policy 1520.
During the school budget discussions earlier this year, several board members questioned whether Policy 1520 had set up two classes of employees — those whose stipends are scaled with their underlying annual pay increase, and those whose stipends are a flat, fixed amount that does not adjust each year.
Board Asks For Review
At the May 26 BOE meeting, Superintendent Bishop reported that he had preliminary conversations with a consulting firm to provide an independent assessment of this policy. Several BOE members raised questions about the scope and objective of the consulting project and the Superintendent agreed to put the topic on the June 8 meeting agenda.
According to the information presented by the Superintendent in May and the minutes from prior meetings, the current stipend formula in Policy 1520 was updated in June 2020 to address the difficulty in recruiting qualified individuals to fill key roles with the school system. According to documents on the BOE website, a consulting firm that was hired in October 2018 identified low starting salaries as a key barrier to recruiting for these positions.
Inflation Squeezes Teacher Stipends
The stipends paid to teachers and professional staff for extended duties outside of the classroom are a separate, but related topic. These stipends cover coaches, band directors, department heads, and other roles. According to public comments made during BOE meetings this spring, these stipend amounts have not been adjusted for decades. Compared to the general CPI measure of inflation, these fixed stipends would need to be doubled from the current levels to match the equivalent purchasing power of when they were first set decades ago.
The specific request on the table is a review of Policy 1520, but board members have indicated a desire to look at all stipends — as BOE member Laurie Ogden put it, the question is “are we paying a fair wage?”
The June 8 Board of Education meeting is scheduled for 6:00 pm in the Washington High School auditorium.
A message from the Shepherdstown Opera House
Town Run Theater Company presents Greater Tuna
The fictional town of Tuna may be the third-smallest town in Texas, but the laughs are bigger than life. Two actors, 20 characters, and a blizzard of oddball costume changes make for a fast-paced and zany exploration of small-town life in America. Two weekends only, June 12-13-14 and June 19-20-21, at the Shepherdstown Opera House. >>>Details & tickets…
Secretary of State Lauds Child Care Legislation Effort
West Virginia Secretary of State Kris Warner (seated left) recognizes Delegate Joe Funkhouser (seated right) for his co-sponsorship of HB 4191 during a visit to the Little Eagles Child Care Center in Kearneysville. They are joined by center director Tara Lusby (in red) and Cubby’s Daycare director Jennifer Trippett (in gray) and Delegate Chuck Horst (standing).
West Virginia Secretary of State Kris Warner visited the Eastern Panhandle this week to highlight recently enacted legislation aimed at increasing state support for child care providers.
The law introduces three key provisions to support child care providers:
Enrollment-based reimbursement for state subsidy payments.
Reduction of "subsidy cliffs" for families.
Expansion of tax credit to encourage employers to offer child care subsidies.
Increasing Financial Stability For Providers
In practical terms, enrollment-based reimbursement enables child care providers to plan hiring and staff scheduling around a predictable budget based on "reserved slots" for eligible children. This framework replaces an attendance-based model, which frequently left providers struggling with daily fluctuating budgets caused by routine childhood illnesses and absences.
The legislation also directs the Department of Human Services to redesign subsidy guidelines. Under the new mandate, benefits will phase out gradually rather than ending abruptly (the “subsidy cliff”) once a participating family reaches a pre-set income limit.
Operating a child care facility at scale — beyond home-based providers limited to five or six children — requires significant capital. To address this barrier to expansion, the expanded tax credit in HB 4191 creates a program to incentivize employers to fund physical child care spaces and assist with ongoing facility overhead expenses.
Recognizing Legislative Effort
During a June 3 visit to the Little Eagles Child Care Center in Kearneysville, Secretary Warner recognized local Delegate Joe Funkhouser for his co-sponsorship of HB 4191.
Tara Lusby, director of the Kearneysville center, and Jennifer Trippett, director of Cubby’s Daycare in Bridgeport, both expressed appreciation for lawmakers connecting child care access to economic development and workforce participation. Also in attendance at the event was Lucia Valentine, Managing Director, WV Women’s Alliance, which supported the legislation.
Trippett noted that while she views the legislation as "a great first step" to help families return to the workforce, more initiatives are needed to expand services focused on early childhood development.
A message from A T Ridenour family and friends
Worth Noting...
Ranson City Council election results — 192 voters participated in the 2026 Ranson municipal election according to Darla Armstrong, the Ranson City Clerk. There were 4,683 residents eligible to vote. Voters elected four members of the City Council to serve 4 year terms beginning on July 1, 2026. >>>Results…
Shepherdstown Town Council election results — 131 voters participated in the 2026 Shepherdstown municipal election according to Amy Boyd, the Town Clerk. There were 806 residents eligible to vote. The office of Mayor, Recorder and all 5 City Council seats were on the ballot. All of the seats are for a 2 year term beginning July 1, 2026. >>>Results…
Shepherd University construction — According to a University spokesperson, the project to replace the roof on McMurran Hall began this week with the installation of safety fences around the perimeter of the site (image above). The project will include preservation and repair of the clock tower and chimneys on the building. The University also released a statement about the logging activity near the soccer fields.
Drug Trafficking Arrests in Martinsburg — U.S. Attorney Matthew Harvey announced that two multi-state drug trafficking operations were taken down earlier this week, with 13 individuals arrested. According to the indictment, the organizations had been selling cocaine and related drugs in Berkeley and Jefferson Counties for the past two years. >>>Details…
Berkeley County Comprehensive Plan — The Berkeley County Commission published a draft of its revised comprehensive plan earlier this week and is inviting residents to comment on the draft via an online survey. The full plan document is available on the county website. There will be in-person meetings on June 14 for public comment. 10-noon at the Martinsburg Public Library (101 West King St, Martinsburg) and 5-7 pm at the Berkeley County Administration Building (400 West Stephen St).
Arts, Culture & Community Events
Highlights of upcoming events around Jefferson County:
Shepherdstown First Friday — Community gathering featuring kid-friendly live music by Tony M Music, games, and face painting. White Hall Lawn, 120 North Princess St, Shepherdstown. Friday, June 5, 5-7 pm. Free. Info…
Live Music: Sean Crow — Live music performance, food trucks and other activities. Happy Retreat, 600 Mordington Ave, Charles Town. Friday, June 5, 6 pm. $ Tickets & Info…
Summer Reading Kickoff — Summer reading celebration featuring live music. Bolivar-Harpers Ferry Library, 151 Polk St, Harpers Ferry. Friday, June 5, 6 pm. Free. Info…
Live Music: The Players Band — Jamaican ska, rock and reggae by a 10-piece Baltimore-based band. The AMP at Sam Michaels Park, 235 Sam Michaels Drive, Shenandoah Junction. Friday, June 5, gates open at 6 pm, music at 7 pm. Free. Info…
Fridays at Five — Weekly summer concert series featuring live music, food vendors, games, and a beer garden in downtown Martinsburg. Martinsburg Town Square, 200 South Queen St, Martinsburg. Friday, June 5, 5-8 pm. Free. Info…
Shepherdstown Street Fest — Day-long music festival and block party with a beer garden, food vendors, and local restaurants open. Downtown Shepherdstown (German Street closed to vehicles), Shepherdstown. Saturday, June 6, 10 am-8:30 pm. Free. Info…
Firehouse Gallery Reopening — Reception to mark the reopening of the space housing the Firehouse Gallery, Jefferson Arts Council, and the Convention and Visitors Bureau. Firehouse Gallery, 108 North George St, Charles Town. Saturday, June 6, 10 am. Free. Info…
Ranson Festival & Car Show — Community festival featuring a car show, craft vendors, food trucks, live entertainment, kids zone, petting zoo, and pony rides. South Mildred Street, Ranson. Saturday, June 6, 10 am-3 pm. Free. Info…
Bark in the Park — Pet-friendly event featuring contests, activities, and demonstrations. Jefferson Memorial Park, Forrest Ave, Charles Town. Saturday, June 6, 10 am-1 pm. Free. Info…
Eastern Panhandle Clothing Swap — Free shopping event for adult and children's clothing. Sam Michaels Park, 235 Sam Michaels Lane, Shenandoah Junction. Saturday, June 6, 11 am-1 pm. Free. Info…
Berkeley Springs Art Book Fair — Art book fair featuring zines, hand-bound books, photo books, prints, comics, artist’s books, and more. MAC Ice House, 155 Independence St, Berkeley Springs. Saturday, June 6, noon-5 pm. Free. Info…
Ancestors at Antietam — “First Saturday” history talk by a descendant of Lt. Samuel McBride Pringle about his involvement in the Battle of Antietam. Antietam Institute, 101 West Main St, Sharpsburg. Saturday, June 6, 2 pm. Free. Info…
Music on the Ridge — Outdoor concert featuring the band Souled Out. Storer College campus, 359 Fillmore St, Harpers Ferry. Saturday, June 6, 5 pm - 8 pm. Bring blankets or lawn chairs. Free. Info…
Film: The Audience — Screening of the award-winning London theatrical production starring Helen Mirren as Queen Elizabeth II which inspired the popular Netflix series The Crown. Shepherdstown Opera House, 131 West German St, Shepherdstown. Sunday, June 7, 3 pm. $ Tickets & Info…
Story Artist: Laura Packer — Storytelling performance presented by Speak Story Series. Byrd Center at Shepherd University, 213 North King St, Shepherdstown. Tuesday, June 9, 7:30 pm. $ Tickets & Info…
Prelude: The Steps Toward Statehood — Public lecture in honor of West Virginia Day presented by the Byrd Center for Congressional History and Education. Byrd Center Auditorium, 213 North King St, Shepherdstown. Thursday, June 11, 7 pm. Free. Info…
Ongoing
Art & Earth Juried Exhibit — 16th annual exhibit hosted by the Berkeley Arts Council. Berkeley Art Words, 116 North Queen St, Martinsburg. Open Thursdays and Fridays 11 am-4 pm; Saturdays and Sundays 11 am-5 pm. Ongoing until June 14. Free. Info…
St. Isidore Market — Weekly market featuring local vendors offering produce and handmade goods. St. James Catholic Church, 49 Crosswinds Dr, Charles Town. Thursdays, year-round, 5-6:30 pm. Free. Info… Charles Town Farmers Market — Weekly open-air farmers market featuring local produce, baked goods and artisan vendors. South Samuel St between Washington St and Congress St, Charles Town. Saturdays, 9 am-noon. Free. Info…
Shepherdstown Farmers Market — Weekly farmers market featuring local produce, baked goods, artisan crafts, and live music. Behind the Market House, 100 South King St, Shepherdstown. Sundays, 9 am-1 pm. Free. Info…
Martinsburg Farmers Market — Seasonal farmers market featuring local produce, baked goods, and artisan vendors. 125 W King St, Martinsburg, WV. Saturdays, April–October, 10 am-2 pm. Free. Info…
Spotlight — America’s 250th Anniversary
Independence Day is a month away and there are plenty of events in Jefferson County celebrating America’s 250th year anniversary.
June 11 — Prelude: The Steps Towards Statehood. Lecture organized by the Robert C. Byrd Center. 7:00 pm [website]
June 14 — Flag Day Celebration. Festivities hosted by We The People of West Virginia. Jefferson Memorial Park in Charles Town. 2 - 6 pm. [Facebook]
June 14–15 — Our Composite Nation. A symposium on the practice of history education in the public sphere. Organized by the MacMillan Center, Yale University. Shepherd University campus (various locations). [website]
June 16 — Heroes & Villains: Reconciling the legacies of America's historical leaders. Lecture organized by the Stubblefield Institute at Shepherd University. 7:00 - 8:30 pm [website]
June 20 — Juneteenth Celebration. Organized by Jefferson County NAACP. Evitts Run Park in Charles Town. 11 am - 3 pm. [Facebook]
June 24 — Understanding the Declaration of Independence. Book talk organized by the Robert C. Byrd Center. 7:00 pm. [website]
June 26 — Jefferson County Fireworks. The AMP at Sam Michaels Park. 6 - 10 pm. [Facebook]
July 4 — Shepherdstown Independence Day Parade & Community Picnic. Organized by Shepherdstown Rotary. Parade (downtown) at 11 am, picnic at Morgan’s Grove Park noon - 3 pm. [website]
Know of other events celebrating America’s 250 year anniversary? Email us at Explore@ObserverWV.com.
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