BATTLE CONTINUES OVER PROPOSED CONVENIENCE STORE - Morris Properties LCC Seeking State Property

(10/13/2003)
By Bob Weaver

The battle over a new convenience store in Grantsville has taken several turns, backward and forward, up and down.

Who's on first is unclear, Morris or Satterfield.

The recent effort by Grantsville businessman Steve Satterfield to obtain town hall property was halted by an injunction obtained by the Morris family interests.

The injunction gave numerous reasons why the Satterfield deal was a bad trade.

Satterfield proposed building a new municipal headquarters on Main Street in exchange for the current town hall, which is in disrepair, some say unsafe. He would then use the town property for his store.

Town Council voted to move ahead with auctioning the old hall

At last weeks town council meeting, four of five members of council voted to move ahead with plans to sell the town hall property, legally and fairly.

Satterfield has backed out of his last deal, saying "I've been trying to do this for seven years."

Meanwhile, Jim Morris and Calhoun Properties, LCC, are trying to move ahead with their own convenience store project on property they own across the street from the town hall, known locally as Smith's Service Center.

They are attempting to obtain West Virginia state right-of-way to allow for enough space for construction.

In letters obtained through the Freedom of Information Act by the Hur Herald, the Morris interests asked State Senators Larry Edgell and Jeff Kessler to assist in obtaining state right-of-way on State Route 16 and 5, plus land located behind the service center in an area known as Simon's Run.

Morris' proposal would likely fill Simons Run behind Smith Service Center, provided they obtain the state property

The senators asked Highway Commissioner Fred VanKirk in December, 2002 to consider the Morris proposal, saying "As you know this is an area that can certainly use a few more jobs."

VanKirk said the "District Three Right of Way office has been working with the property owner since July 8, 2002 regarding this request."

Satterfield told the town council last April he would spend about $750,000 on his store, which would have included a Subway outlet. He said the store, which would have been built on town hall real estate, would create about seven jobs, increase business traffic in the town and help the tax base.

Morris contended the Satterfield deal was a "pig in a poke," with no guarantees.

Judge David Nibert ruled the Satterfield trade deal approved by the Grantsville town council was illegal.

Nibert said the property should be auctioned to the highest bidder. Morris offered to trade two houses he owns on the flood plain for the town hall property, saying he wanted to create more options and build a professional office building on the town property.

At the same time, the Morris interests, are surveying to use their own property and trying to secure needed land.

A letter to Commissioner VanKirk from William C. Morris says the project will provide six to 12 jobs in an area that desperately needs jobs. He said his company plans to add a gas, convenience, food and restaurant business to the property.

The Morris proposal says "The Route 16 right-of-way of 72 feet from centerline comes right up to the existing building. We have requested the outside 44 feet of that right-of-way."

Commissioner VanKirk advised the Morris interests in January, 2003, a final decision on the Route 16 right-of-way has been made, saying it is needed for further maintenance along the bridge, and is not for sale.

VanKirk says the DOH however agrees to sell the Route 5 right-of-way to Morris, which is 82 feet from the centerline and "also comes right up to the building." The Morris' are requesting 55 feet of that right-of-way.

No price was given, nor was there any indication the land was to be sold at auction.

Simon's Run, which is behind the current Morris business, would be utilized for the project.

"Simon Street right of way is 50 feet. The opposite side of Simon's Street has a Senior Citizen Center at the edge," says the document, which requests the right-of-way to be reduced to 25 feet.

"There is a small run-off stream that runs through a culvert under Route 16...What we propose is to extend the culvert toward the river and fill the ravine..." The document says there is a small abandoned bridge which is owned by the state which needs to be "officially abandoned and torn down as it poses a liability risk."

At last weeks Grantsville Council meeting, an agenda item concerning Simon's Run was not discussed.

Copies of the letters regarding the project, according to the FOIA, were sent to William Stemple, a member of the House of Delegates, who is employed by the Morris family.

If the town would now auction their property, and Satterfield became the highest bidder, he would not be obligated to construct a new town hall.

The council would have to purchase a building for city business.

Morris' injunction contained appraisal information which indicated the town property was worth about $160,000, although several people attending council meeting last week said it was highly inflated.

The Calhoun Chronicle, owned by the Morris family, neglected to report any information regarding the town property deal, which took up considerable time at last weeks meeting. Their reporter, Lisa Minney, while the vote over the sale of town property was underway, made comments and passed notes to officials containing suggestions.

The council had long, and what appeared to be uncomfortable silences during the deliberation.

Quoting First Amendment rights and her journalism textbook, Minney advised her readers "Questioning and involvement is not only my right, but my responsibility as a reporter," saying it was to challenge and question those in power.

"Since becoming a reporter, I have tried not only to observe Calhoun events and developments, but also participate and become involved," she wrote, which includes injecting suggestions, opinions and questions while official business is being conducted.