On Oct. 21, the Jefferson County Commission at its regular meeting officially received the proposed new comprehensive plan submitted by the County Planning Commission. The next step in the process is a public hearing on the new plan, to be held in early December. Some time after that hearing, the Jefferson County Commission (by state law the “governing body” of the county) must decide the fate of the proposed plan.

As I’ve previously pointed out in this space, the document has serious flaws. Collectively, those flaws essentially mean the abandonment of zoning, should that document be adopted in its present form.

I think it’s critical that many citizens attend the upcoming public hearing and voice their views on the proposed plan. I believe (but am not absolutely certain) it was Patrick Henry who first said “eternal vigilance is the price of liberty.”

It is my understanding (although I will yield to those who are more versed in the process) that the County Commission may accept the proposed plan, reject it or amend it. If the County Commission either rejects the plan or amends it, the plan is returned to the Planning Commission.

If the County Commission amends the plan, the Planning Commission may either accept or reject the suggested amendments. Should the Planning Commission accept all proposed amendments, the plan is accepted and final (again, my understanding). Should the Planning Commission reject some proposed amendments offered by the County Commission, but reject others, the ball is back in the County Commission’s court.

What state law apparently does not address is whether the Planning Commission, having received a proposed amendment (or amendments) from the County Commission, may make further amendments to the proposed plan.

The fact that the next action to be taken will not occur before December, means that there will most likely be two new county commissioners on the job at that time. We are filling four of our five county commission seats at the election this coming Tuesday. Two of those seats are open because two sitting county commissioners were removed from their positions several months ago by the courts. The victorious candidates for those two seats (which must be occupied respectively by residents of Shepherdstown and Harpers Ferry) will be seated immediately upon the certification of their election.

Certification will take place a few days after the election, unless the margin of victory in a seat is so close that there is a recount. Under West Virginia law, there is no provision for a recount at public expense, regardless of how close the election might be. A recount must be done at the expense of the candidate who appears to have lost the election, even if that loss is by one vote!

I’m convinced that a big majority of the people of Jefferson County want to keep zoning. The current version of the proposed comprehensive plan presented by the Planning Commission effectively eliminates zoning while still giving the topic lip service.

Once again, I urge the Jefferson County Commission to reject the plan.

John Doyle is a 26-year former member of the West Virginia House of Delegates, who is currently running for a seat in the state senate. He can be reached at rjohndoyle@comcast.net.