Tonight is a meeting of the Planning Commission's committee on zoning the
CAR RACE TRACK AT SUMMIT POINT: 7:30pm, 108 E Washington St, Charles
Town. Public is welcome.
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BELOW IS THE COUNTY'S CONTRACT WITH A CONSULTANT TO HELP DRAFT A NEW
COMPREHENSIVE PLAN. Task 4 mentions a memo, where the County designates
whom the consultant will meet with. That memo is not yet signed or
public. 16 working days are estimated for those meetings. The consultant
will also review previous written submissions and summaries of
neighborhood meetings (Task 3, estimated at 3 days).
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Jefferson County, West Virginia Comprehensive Plan Revision

CONTRACT

This contract is between Jefferson County (hereinafter referred to as
"County"), a municipal corporation in the State of West Virginia, and
Richard E. Tustian, a land use planning consultant (hereinafter referred
to as "Consultant"), with reference to the following:

Whereas, the County is currently assessing its situation with regard to
future land use development, and has begun a process of evaluating its
current plans and procedures relevant to this situation, and

Whereas, the County has approved the expenditure of up to $40,000 for the
acquisition of consulting services to assist in this ongoing process, and


Whereas, the Consultant has extensive experience and an established
reputation as both a practitioner and an academic in the field of land
use planning and management, and

Whereas, the County has established a consultant selection committee
which has advertised for consultant services, interviewed a set of
consultant applicants, and chosen Richard E. Tustian as the best
qualified to provide these services,

Now, therefore, in consideration of the above premises and the proposed
actions described below, the parties hereto agree to the following:
Section 1- SCOPE OF WORK

Task 1. Legal Requirements

Contractor will meet with County prosecuting attorney's office for review
of West Virginia state code requirements for Comprehensive Plans.
Consultant may utilize a sub-contractor if needed. (estimated time 3 work
days)

Task 2. Demographics and Projections

Contractor will meet with persons identified by the County to assess
current and projected demographics (County engineer, staff and Region 9
staff). (est. 4 days)

Task 3. Review of Public Testimony

Contractor will review all written correspondence, pertaining to the
Comprehensive Plan Update, received to date by the County, and all
neighborhood meeting summaries. (est. 3 days)

Task 4. Information Gathering

Contractor will meet with various officials and citizens designated by
the County, to obtain a sense of the community's range of concerns and
ideas regarding the comprehensive plan. The details of this task will be
described in a separate Memorandum of Understanding, which will become
part of this contract. This memorandum will developed by mutual agreement
between the County and the Consultant, as soon as possible after the
execution of this contract. (est. 16 days)

Task 5. Review of Current Plan

Contractor will evaluate the current Comprehensive Plan, and comment on
its strengths and weaknesses with respect to the dominant issues and
concerns revealed by the information gathered in Tasks 1,2,3, and 4.
Contractor will present these findings in a written report format as
described further below. (est. 5 days)

Task 6. Updated Comprehensive Plan - Concept Draft

Contractor will prepare a written and graphically illustrated outline of
a proposed Updated Comprehensive Plan that responds to the issues and
ideas evaluated in Tasks 1 through 5 above, and includes any new
mechanisms or procedures desirable to ensure its successful
implementation. Contractor will present these findings in a written
report format as described further below. (est. 24 days)

Task 7. Work Program Development

Contractor will recommend a specific work program, to be carried out by
County Staff, for the remainder of the work necessary to complete a
Preliminary Draft Updated Comprehensive Plan based on the Concept Draft
prepared under step 6. (est. 3 days)

Task 8. Work Program Consultation

Contractor will assist the County Staff, as requested, in carrying out
the work program identified in Task 7. (est. 3 days)

Task 9. Public Hearings on Preliminary Draft

Contractor will assist the County in holding two public hearings on the
proposed Preliminary Draft Updated Comprehensive Plan, including
attendance at both hearings. (est. 2 days)

Task 10. Final Draft Plan Preparation

Contractor will assist the County in evaluating the testimony received in
the public hearings and revising the Preliminary Draft as appropriate to
produce a Final Draft Updated Comprehensive Plan. (est. 2 days)

Task 11. Public Hearing on Final Draft

Contractor will assist the County in holding one public hearing on the
proposed Final Draft Updated Comprehensive Plan, including attendance at
the hearing. (est. 1 day)

Task 12. Recommended Draft Plan Consultation

Contractor will assist the County, if requested, in evaluating the
testimony received in the public hearing, and revising the Final Draft
Plan as appropriate to produce a Recommended Draft Plan for delivery to
the County Commission. (est. 1 day)

Section 2- PRODUCTS DELIVERABLE

Product 1. Situation Report

Contractor will deliver, at the conclusion of Task 4 above, a written
"Situation Report", outlining the findings from Tasks 1 through 4. This
report will be in black text on 81/2 x 11 inch white paper, delivered in
a set of six paper copies plus an accompanying electronic disk, in a
language protocol to be established by mutual agreement between the
County and the Contractor.

Product 2. Concept Draft - Updated Comprehensive Plan

Contractor will deliver, at the conclusion of Task 5 above, a written
"Concept Draft" of a recommended Updated Comprehensive Plan. This report
will be in black text on 8 1/2 x 11 inch white paper, with black and
white maps up to 11 x 17 inches as appropriate, delivered in a set of six
paper copies plus an accompanying electronic disk, in a language protocol
to be established by mutual agreement between the County and the
Contractor.

Product 3. Other Messages

All other reports by the Contractor will be made either orally or in the
form of letters, email messages, and other relatively brief written
communications.

Section 3. COMMUNICATION CHANNELS

Item 1. Contract Administration

County designates Paul Raco, Executive Director of Planning, Zoning, and
Engineering, to be the County s liaison with the Contractor for all
administrative and logistical matters on a day to day basis.

Item 2. Policy Guidance

County designates the following persons, or their subsequently designate
successors, to form a Consultant Policy Committee to meet with the
Contractor from time to time, as may be desired by the Contractor or the
Committee, to discuss scheduling, public participation, work progress
under the contract, and other relevant issues:
Arnie Dailey
Dave Hammer
Al Hooper
Rosella Kern
Mark Schiavone
Renny Smith

Item 3. Public Participation

Contractor s responsibilities for communication with the general public,
and! or responding to communications from individual members of the
community, will be limited to the channels and procedures established by
the memorandum of understanding described in Task 4 above.

Section 4. SCHEDULE OF PERFORMANCE

Item 1. Scheduling of Work

Preliminary target dates for completion of Tasks will be established by
mutual agreement between the Contractor and the County, as part of the
process of producing the Memorandum of Understanding described in Task 4.
Subsequent amendments to this preliminary schedule also may be made by
mutual agreement.

Section 5. MATERIALS PROVIDED

Item 1. Resource Documents

County will make available to Consultant, in a timely manner, all
relevant documents, in its possession and obtainable from other sources,
that contain information about the County that may be useful for
analyzing the planning situation, including maps and other descriptive
material providing information such as: municipal boundaries, dedicated
street rights-of-way, private property lot lines, sewer and water and
other utility locations, stream and wetland locations, sensitive
environmental areas, soil conditions, topography, size and location of
public facilities, programmed new roads and facilities, etc.

Section 6- PAYMENTS AND INVOICES

Item 1. Payments

The Contractor will be paid at a rate of $75.00 per hour for all work he
performs personally under this contract, excluding travel time to and
from his office and the County. Sub-contractors engaged by the
Contractor, to perform assigned tasks within the general tasks outlined
herein, will be paid at rates agreed upon between the Contractor and
these sub-contractors, with none exceeding $125.00 per hour. In general,
sub-contractors will be used only when necessary to research an important
matter at some depth.

Services induded within these hourly rates will include time spent on
interviews, research, analysis, report writing, phone conversations, and
personal presentations to officials and public groups, as well as costs
for phone, fax, and email communication and the printing in black and
white of up to six copies of all written reports. The County will be
responsible for all other publication, distribution, and communication
expenses, including notices regarding meeting dates and other
communications with the general public.

By mutual written agreement, the parties may elect to substitute lump sum
payments for specific tasks, in lieu of the hourly payments outlined
above.

Item 2-Invoices

The Contractor will submit written invoices for work performed, showing
amounts of time spent on different tasks by all members of the consulting
team. in cases where the work on a given task extends over a period
greater than one month, the Contractor may submit invoices on a monthly
basis. The County will make payment to the Contractor within three weeks
after submission of invoices. In the event of a dispute over the amounts
involved, the County and Contractor will meet expeditiously, to review
differences of opinion and reach resolution in a timely manner.

IN WITNESS WHEREOF, the parties hereto execute this contract through
signature of their duly authorized representatives.

CONTRACTOR: Richard E. Tustian
Title Consultant
Date December 20, 2000

COUNTY: Jefferson County, West Virginia

By James G. Knode
Title President
Date January 11, 2001