The Pocahontas County Commission voted Tuesday to engage an attorney to help determine where the West Virginia-Virginia State line is on Tamarack Ridge of Allegheny Mountain.

The dispute arose after Highland New Wind Development. LLC, released its site plan for more than 15 wind turbines to be built on the ridge, two of which could be on or very close to the West Virginia side of the line. Those wind turbines and possibly others will be visible from Camp Allegheny, a pristine Civil War site.

Pocahontas County Commission president Martin Saffer said the issue is "important for taxation, criminal law, voting rights" and every action that falls under the jurisdiction of the state.

Not surprisingly, the issue placed the commissioners themselves at odds.

Commissioner Reta Griffith said the county does not need an outside attorney because a mechanism for determining boundary disputes is already in place.

Griffith said that the West Virginia Geographic and Economic Survey office records for the state line stand until the state's Commission for Boundary Disputes, which has final legal and legislative authority, makes a ruling.

That board, however, has not been active for several years. Governor Joe Manchin would have to appoint new members.

Saffer said he thought Pocahontas County's governing body had the duty to move forward on this issue.

A survey done for Highland New Wind Development was not enough for Saffer, who said the United States Geological Survey line is the official border. The survey differs from the USGS line about 40 feet at T1. The USGS line cuts through the concrete base of T1 and puts the 16-foot pedastal in West Virginia. T2's location, which is close to the state line, has caused speculation that the blades will enter West Virginia air space.

Saffer said maps "clearly show the surveyor moved the line further into West Virginia."

The surveyor, Jeff Hiner, disputes that statement in a letter to Highland Recorder Editor Anne Adams.

"I did not relocate, move shift or change" the county and state lines, Hiner wrote.

Hiner said that USGS topographic maps show the "approximate line."

"The top of the Allegheny Mountain is the line between Pocahontas and Highland counties and that is the line I surveyed," Hiner continued.

Saffer said West Virginia University law professor and former State Supreme Court candidate Robert Bastress has agreed to take the case pro bono, but would charge the county for his expenses.

Commissioner David Fleming voted with Saffer to hire Bastress.

The issue was held over from an emergency session the commission held last Thursday. But once gathered, the commission decided no emergency existed and did not take action.

At Thursday's meeting, Griffith related information she'd gotten from Highland New Wind Energy and from the Highland Board of Supervisors.

"I spoke with Mr. [John] Flora Wednesday morning and he said there was an internal dispute between two of their own engineers and that has been resolved," she explained. "The base of every single turbine that is proposed lies entirely in the state of Virginia. There is one that is very close to West Virginia, but the base of the turbine is entirely in the state of Virginia."

According to an email Commonwealth's Attorney Melissa Ann Dowd sent to Saffer Thursday, the state line issue, at least from the Virginia side of the line, is indeed no longer on the table .

Dowd told Saffer that a surveyor who is certified in both states is preparing a sketch that should "clear up the issue."

"The answer is all turbines will be in Virginia, as I have said to you repeatedly," Dowd wrote to Saffer. "A field survey trumps aerial information from USGS, which is what you are relying on."

Dowd went on to relate that since Saffer had threatened litigation against Highland County, she had advised the Highland County Board of Supervisors not to speak with him or "anyone else from Pocahontas County."

The Virginia attorney went on to chastise Saffer for his threat.

"Once you have changed your tune about suing us and truly want an informational meeting without accusations and threats of litigation, let me know and we'll pull something together," she wrote. "Your approach to this non-issue has done nothing to further cordial relations between adjoining counties,"

Dowd did not say when the surveyor's sketch would be available.

Commissioner David Fleming added his concerns about the turbines, which encompasses more than the state line issue.

"I have mixed feelings about this wind turbine project," he said. "We haven't been given a sincere chance to learn about or be a part of this dialogue and when I think more about this issue, private property rights need to be protected, but the Allegheny ridgeline, it's unique, one of a kind. It's a long, graceful spine supporting diverse and deciduous forests and this line, essentially, divides West Virginia and Virginia, so we have property owners on both sides of the line who stand to be affected by anything going on here. So my feeling is, any project that would impact this, what I call a geological and ecological gift, needs to be considered by all bordering counties and the states of West Virginia and Virginia.

Construction has already begun on the $80 million project that will produce nearly 40 megawatts of electricity.

Dogs again an issue

Following a dog bite incident at Dunmore Daze, Pocahontas County Sheriff David Jonese expressed his frustration to commissioners that the county has no facilities for animals to be detained and no ordinances for the sheriff's department to follow.

Jonese said animal control officer Sandy Mallow has resigned from the humane officer portion of the job because she doesn't have the space to house any more animals.

The dog from the Dunmore incident is being housed with a Virginia veterinarian, Jonese said, and must remain there for 10 days. His department has had incidents with larger animals, the sheriff said.

Jonese called for the county to develop a countywide plan to deal with animal control.

"We need to mandate a few rules," the sheriff said. "I don't have a proposal; I'm just saying we have a problem."

Humane society officer Jane Dumire said the task force is moving forward with plans for a shelter, but has not been able to determine a location for the building. Dumire said one suggestion was the Edray Industrial Park because of its proximity to the county's population center.

Alleghany Recreational Center entrepreneurs John Fitzgerald and J. P. Duncan offered their facility for a shelter, along with their services to be the humane officers.

Fitzgerald said both he and Duncan owned enough land to keep larger animals and a portion of the ARC could be used for dogs. He presented a detailed plan to the commission, that included an evacuation plan in case of flooding and a process for fecal matter to be drained into the town's sewage treatement system. The builidng has 8,000 square feet of available space, he said.

The sheriff suggested using 4-H and other organizations to raise funds and awareness about animal issues.

Dumire asked for more time for the Dog Task Force to take action.

"This will not come together overnight," she said.

The next Dog Task Force meeting is in September, not soon enough for Jonese.

"We're not meeting the letter of the law," he said.

But Fleming said waiting might be a good thing.

"The issue is bigger than what we're going to do with an animal right now," he said.

Saffer asked the sheriff to do more research and Fitzgerald to attend the next Dog Task Force meeting September 17.

In other business, commissioners:

•approved an overtime line item for the prosecuting attorney's office, as well as parking space changes requested by Prosecuting Attorney Donna Price.

•approved the set up of a new account for an employee benefit fund.

•appointed Joe Riley to the Farmland Protection Board and Gale Hyer to the Dramas, Fairs and Festivals Board.

•approved the county's Hazard Mitigation Plan.

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