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					Views&Visions                                                                                   A publication of   Bowles Rice McDavid Graff & Love PLLC




                                                                North Central West Virginia
                                                                                    Biometrics, technology, health care research and federal facility
                                                                                            developmentsfuel growth in North Central West Virginia




                                      Blanchette Rockefeller                    Alan B. Mollohan                           West Virginia University
                                      Neurosciences Institute                   Innovation Center                          School of Medicine




West Virginia University Rec Center       Institute for Scientific Research, Inc.




                                                                                                                                              December 2002
In this issue . . .
The Honorable Alan B. Mollohan                   Page 4
United States House of Representatives

David C. Hardesty                                Page 6
West Virginia University

Kevin R. Niewoehner                              Page 8
Institute for Scientific Research

J. Ernest Villafranca, Ph.D.                     Page 10
Blanchette Rockefeller Neurosciences Institute

Caulton L. Irwin, Ph.D.                          Page 14
Industries of the Future

Daniel J. Bradley, Ph.D.                         Page 18
Fairmont State College

William R. Haden                                 Page 20
West Virginia Wesleyan College

James L. Estep                                   Page 22
West Virginia High Technology Consortium Foundation

J. Thomas Jones                                  Page 24
West Virginia United Health System

Patrick R. Esposito, Sr.                         Page 26
Research Ridge

Mark Nesselroad                                  Page 28
Glenmark Holding LLC

Scott Rotruck                                    Page 30
Morgantown Area Chamber of Commerce

Robert M. D'Alessandri, MD                       Page 32
WVU School of Medicine

Bernie Schultz                                   Page 34
WVU College of Creative Arts

Senator Michael Oliverio                         Page 36
West Virginia State Senate

Mac Warner                                       Page 38
The Square at Falling Run

Michael S. Garrison                              Page 44
West Virginia Governor's Office

John Beilein                                     Page 46
WVU Men's Basketball
                                                                                    Bowles Rice McDavid Graff & Love              PLLC



                                  A Message from Our CEO
                                                                            Tom Graff, CEO
                                                       Bowles Rice McDavid Graff & Love PLLC




I
      vividly remember the late summer        We are also grateful to include articles
     day more than four decades ago when      from regional leaders of higher educa-
     my parents delivered me and all of       tion institutions that have brought their
my belongings to my new home away             vision to develop these campuses into a
from home at West Virginia University.        new century. We appreciate Presidents
Our day-long travel from southern West        Bradley, Haden and Hardesty for shar-
                                                                                                Tom Graff has served as Chief
Virginia to the campus in the north cen-      ing some of the new learning technolo-
                                                                                                Executive Officer of the firm since
tral area of our state took our family        gies and initiatives occurring on their cam-
                                                                                                1986. His practice focuses on
through winding mountain roads, past          puses today.
farmlands and mill towns, glass facto-                                                          business, commercial, banking and
ries and coal mines.                          In addition, the recent high level of con-        mineral law. He is Chairman and
                                              struction activity, nationally recognized         President of the Chemical Alliance
Today, parents make that same trip in         health care and research, and private,            Zone and an active member of the
less than half the time, traveling Inter-     public and institutional projects are high-       Roundtable. Under his direction,
state-79 and passing high-tech busi-          lighted in articles by Coach John Beilein,        the firm has grown from 30
nesses, several state-of-the-art educa-       Dr. Bob D’Alessandri, Patrick Esposito,           attorneys in one Charleston office to
tional facilities and federal agencies to a   Jim Estep, Mike Garrison, Dr. Caulton             more than 90 attorneys in six offices
campus that has expanded and now in-          Irwin, Tom Jones, Mark Nesselroad,                throughout West Virginia, Kentucky
cludes internationally recognized research    Kevin Niewoehner, Senator Mike                    and Virginia.
centers and health care facilities. Com-      Oliverio, Scott Rotruck, Dr. Bernie
munities in this region now focus on a        Schultz, Dr. Ernest Villafranca and Mac
high quality of life, including the arts,     Warner. We are deeply grateful to each
recreation and sports, and they have the      for sharing information on these fasci-
facilities to support these interests.        nating projects with our readers.
There certainly has been tremendous
growth and development since I first          This is indeed an exciting time. I could
arrived on that college campus, and we        never have imagined the region where I
are pleased to highlight several of these     spent my college days would have ex-
exciting changes in this issue of Views &     ploded into a nationally recognized high-
Visions.                                      tech center with such sophisticated re-
                                              search and cutting edge industries as dis-
In this issue, we are honored to feature      cussed in this publication. But even more
an article by Congressman Alan                impressive to me is the spirit of the writ-
Mollohan, who, along with Senators            ers in this issue. It smacks of optimism,
Byrd and Rockefeller, has brought mil-        confidence and enthusiasm. It is that
lions of federal dollars into North Cen-      spirit that will carry the dreams of growth
tral West Virginia, and they continue to      and development in North Central West
support the high-tech development             Virginia to reality. I hope you enjoy this
throughout this region. Through their         issue of Views & Visions, and that other
leadership, the “High-Tech Corridor” of       regions of West Virginia catch that spirit
West Virginia has grown and expanded          sooner than later.
to include several technology businesses.

                                                                                      Views & Visions December 2002           3
Bowles Rice McDavid Graff & Love                         PLLC




                                                      In Praise of Public Investment
                                                      Congressman Alan B. Mollohan
                                                      United States House of Representatives




                                                      T
                                                               o visitors, the I-79 Technology     Senator Byrd has strategically identified
                                                              Park seems a study in serenity.      ways in which West Virginia’s people and
                                                              A family of Canada geese wan-        its institutions can, with the proper pub-
                                                      ders the landscaped grounds of the           lic investments, serve national needs that
                                                      gleaming, ultramodern buildings that are     might otherwise go unmet. I am re-
    Alan B. Mollohan was born in                      arranged, campus-style, in the gentle        minded of an observation made by
       Fairmont, West Virginia. He
                                                      contours of this north central West Vir-     Alexander Hamilton in the 1791 Report
  launched his first bid for the U.S.
                                                      ginia valley.                                on Manufactures, regarded by many to
                                                                                                   be his most innovative report:
 House of Representatives in 1982,
                                                      But don’t be fooled by appearances.
    and was sworn in the following
                                                                                                  “Industry, if left to itself, will naturally
   January as a member of the 98th
                                                      Behind the tranquil façade, a revolution find its way to the most useful and prof-
  Congress. He has been reelected to
                                                      is taking place. Native startups, estab- itable employment. Whence it is inferred
            each successive Congress.
                                                      lished contractors, and nonprofit and that manufacturers, without the aid of
        His top priority is economic
                                                      government agencies are at work on a government, will grow up as soon and
  development in the First District,                  host of cutting-edge technology initia- as fast as the natural state of things and
working to diversify its base through                 tives. It’s a project list that would have the interest of the community may re-
           high-tech, aerospace and                   been unimaginable a short decade ago, quire.
      government-service activities.                  when “economic diversification” was
        Congressman Mollohan is a                     little more than an intriguing concept Against the solidity of this hypothesis . .
    graduate of Greenbrier Military                   in the Mountain State.                      . very cogent reasons may be offered [in-
 School, the College of William and                                                               cluding] the strong influence of habit;
           Mary and West Virginia                     Yet today, North Central West Virginia the spirit of imitation; the fear of want
North Central West Virginia




        University’s College of Law.                  is home to a surging technology sector, of success in untried enterprises; the in-
                                                      and the I-79 Technology Park is its pri- trinsic difficulties incident to first essays
                                                      vate-sector flagship. As such, it is a wel- towards [competition with established
                                                      come contributor to the region’s foreign players]; the bounties, premiums,
                                                      economy – an economy characterized by and other artificial encouragements with
                                                      “unusual opportunities,” to borrow a which foreign nations second the exer-
                                                      phrase from the most recent regional tions of their own citizens . . .
                                                      forecast issued by West Virginia
                                                      University’s Bureau of Business and Eco- To produce the desirable changes as early
                                                      nomic Research.                             as may be expedient may therefore re-
                                                                                                  quire the incitement and patronage of gov-
                                                      Our transition to a more diversified ernment.”
                                                      economy is a subject worthy of serious
                                                      study and reflection. Although there is The government investments that Sena-
                                                      not enough space here to tell the full tor Byrd has secured for the region – pri-
                                                      story, it would be inexcusable to not ac- marily by attracting new federal opera-
                                                      knowledge the incredible base-building tions and by directing resources to our
                                                      work of Senator Robert C. Byrd.             academic institutions – place us in the


                 4            December 2002 Views & Visions
                                                                                        Bowles Rice McDavid Graff & Love               PLLC


critical path of promising technologies.       opment grants, recently awarded through
Thus, the Senator has provided a foun-         a competitive process, is a good example
dation on which our region can grow and        of how West Virginia can provide sup-
prosper.                                       port for promising ventures. Governor
                                               Wise and the Legislature are to be com-
So how do we build on that tremendous          mended for their strong leadership in this
base?                                          regard.

Let me first acknowledge that I am not         As we work to further diversify our
an economist. However, I am an intense         region’s economy, it is imperative that
participant in economic diversification        we continue to draw on the strengths of
initiatives, and I am familiar with many       nonprofit organizations. Our success
of the impediments that must be over-          thus far demonstrates their unique ca-
come in order for those efforts to be suc-     pability to facilitate economic diversifi-
cessful. Based on the experience, I be-        cation through the nurturing of fledg-
lieve there are specific responsibilities      ling activities.
which fall to each of us.
                                               The federal government investments
Our native high-tech businesses must           that Senator Byrd has directed to the
develop viable plans for self-sufficiency,     region give us a special window of op-
leveraging their past successes as they seek   portunity. We cannot afford to let it
out new contracts in both the govern-          close. We must seek to keep it open by
ment and private-sector marketplaces.          being responsible – and strategic – stew-
                                               ards of the resources that are before us.
On a related note, the large companies         And that requires a strong partnership
that operate in the region should locate       of our government, business, academic
more of their high-level work in West          and nonprofit communities.
Virginia, in response to the increased so-
phistication of our native companies.
Permanent regional headquarters should
be considered, particularly by those with
ties to the federal agencies that operate
here.
                                                                                                       Photo by Erin Weikle, ISR




Meanwhile, members of our financial
community – whether headquartered
here or outside the state – should be en-
couraged to reinvest in West Virginia
more of the savings that they collect in        ISR recently hosted Congressman Mollohan and NASA
our communities. We must make them              Administrator Sean O’Keefe, who toured the company’s
increasingly sympathetic to the invest-         Fairmont facilities and the construction site of its
ment opportunities which exist here.            new corporate headquarters and research center at
                                                Technology Park. Pictured here are (from left):
And, finally, our state and its leaders must    Congressman Mollohan, Administrator O’Keefe, ISR
maintain a focus on economic diversifi-         President and CEO Kevin R. Niewoehner and ISR
cation – which means sizable investments        Chairman of the Board George J. Pederson.
in research, education and development.
The $200 million in economic devel-

                                                                                           Views & Visions December 2002           5
Bowles Rice McDavid Graff & Love                          PLLC



                                                      American Higher Education:
                                                      Modest Investment, Outstanding Return
                                                      David C. Hardesty, President
                                                      West Virginia University




                                                      I
                                                           f your financial advisors told you      The state offers the merit-based PROM-
                                                           that a small investment now could       ISE Scholarship Program, as well as need-
                                                           pay dividends over a lifetime add-      based programs, and a college savings
                                                      ing up to $1 million or more, would          tool for parents and grandparents. Insti-
                                                      you hesitate to invest? What if the plan     tutions have their own aid packages, with
  Since becoming president of WVU                     also promised many intangible benefits,      WVU alone committing $4 million a
      in 1995, President Hardesty’s
                                                      including a huge increase in knowledge,      year to its Scholars Program.
                                                      greater career satisfaction, and more op-
administration has been marked by
                                                      portunity to participate in civic and cul- Improving access to higher education is
 significant growth in research and
                                                      tural activities?                          important because the benefits go far be-
       spondored program activities,
                                                                                                 yond even increased earning power. In
  sparked by investments in research
                                                      In our current fluctuating economy, such Education and the Common Good (Ken-
     infrastructure and laboratories.
                                                      an investment opportunity may seem tucky Long-Term Policy Research Cen-
Service has been fostered through the
                                                      too good to be true, but it exists — you ter 2001), education policy analyst Amy
       addition of WVU Institute of                   can become an investor at the college or L. Watts explores the social benefits of
 Technology (1996), the creation of                   university of your choice.                 college education based on research con-
         an affiliated hospital system                                                           ducted in Kentucky.
    (1997), the launching of a new                    The financial benefits of a college edu-
  medical campus in West Virginia’s                   cation are immense and increase with the Among Watts’s findings:
        Eastern Panhandle, and the                    level of education attained. According
           creation of the Blanchette                 to U.S. Census figures based on 1999 • College-educated people are more
   Rockefeller Neurosciences Institute                salaries, high school graduates can expect    likely to participate in community or-
                on the main campus.                   to earn about $1.2 million during their       ganizations and to assume leadership
North Central West Virginia




                                                      working lives. Those who earn a               roles in community activities. They
                                                      bachelor’s degree can expect to earn          are also more likely to donate to chari-
                                                      nearly double that amount — $2.1 mil-         ties, and they spend more hours par-
                                                      lion over the course of their careers.        ticipating in volunteer programs.
                                                      Those with a master’s degree will earn
                                                      $2.5 million, on average, and doctoral • The likelihood that someone is a reg-
                                                      and professional degree holders will earn     istered voter increases with the amount
                                                      an average of $4.4 million.                   of education he or she receives.

                                                      College tuition and fees have continued • Those with a bachelor’s degree are less
                                                      to increase along with inflation in recent likely than high school graduates to
                                                      years, but higher education remains an     smoke.
                                                      exceptional value. West Virginia, in par-
                                                      ticular, has made a tremendous commit- • Bachelor’s degree holders are also more
                                                      ment at both the state and institutional   likely to read to their children on a
                                                      level to making higher education acces-    daily basis; more likely to engage in
                                                      sible for all.                             entrepreneurial activity; more likely to



                 6            December 2002 Views & Visions
                                                                               Bowles Rice McDavid Graff & Love      PLLC



  use computers and the Internet; and         University experienced dramatic in-
  more likely to participate in cultural      creases in enrollment (up almost 2,400
  events.                                     since 1996 to a new record high), pri-
                                              vate giving (nearly doubled since 1996)
• Those with higher education are less        and research (doubled since 1996), the
  likely to enter the correctional system     economic impact of WVU has likewise
  or require public assistance.               increased.

Clearly, higher education has major ben-      The regional campuses also impact their
efits for society, as well as for individu-   local economies. For example, the eco-
als.                                                              nomic impact of
                                                                  WVU at Parkers-
Because of increased                                              burg was recently
earnings, college                                                 estimated at $52
graduates also contrib-                                           million.
ute greater amounts to
the tax base than those                                             Consider the im-
whose education                                                     pact of research
stopped at high school                                              alone.      WVU
graduation. Indeed,                                                 earned $134 mil-
every $1 invested in                                                lion in external
higher education pays                                               funding for re-
significant dividends                                               search last year.
for the state and na-                                               This is money that
tional economy. Ac-                                                 is used to employ
cording to the Na-                                                  people and buy
tional Association of                                               equipment. Pro-
State Universities and                                              tea, a cancer re-
Land-Grant Colleges                                                 search company
(NASULGC), the av-                                                  now operating in
erage return on every                                               Morgantown, is a
$1 of state money in-               A view of WVU’s Woodburn Hall   spin-off of WVU
vested in a member in-                                              research in pro-
stitution is $5. (Of course, land-grant teomics. Several other companies are
institutions derive revenue from sources ready to set up in West Virginia when
other than appropriations; at WVU, WVU’s research and technology park is
state appropriations comprise only 33% completed later this year. Over the past
of the total budget.)                          few years, WVU has stepped up its ef-
                                               forts on technology transfer — increas-
The NASULGC study also shows that ing the number of patents, license agree-
for every $100 spent directly by a mem- ments, and subsidiary companies from
ber institution, its employees, visitors its intellectual property.
and students spent another $138 of their
personal funds. This illustrates the mul- West Virginians should expect nothing
tiplier effect on our state’s investment less from the state’s foremost institution
in higher education. A fiscal year 1998 of higher learning, and we are working
study estimated WVU’s economic im- hard to meet and exceed such expecta-
pact as $1.3 billion. Since then, as the tions.

                                                                                 Views & Visions December 2002   7
Bowles Rice McDavid Graff & Love                          PLLC




                                                      Bringing World-Class Research
                                                      to the Mountain State
                                                      Kevin R. Niewoehner, President & CEO
                                                      Institute for Scientific Research, Inc.




                                                      W
                                                                    est Virginia has always been       ISR conducts advanced research programs
                                                                    a frontier. In the early part      that benefit civilian, military and com-
                                                                    of America’s history, it was       mercial entities nationwide. Our core
                                                      the westward boundary, a place where             competencies include Robotics and In-
                                                      civilization met the unknown. Later,             telligent Controls, Informatics and Com-
   As President and Chief Executive
                                                      during the Industrial Revolution of the          puting Environments, Sensors and Mis-
                  Officer of ISR, Inc.,
                                                      1800s, the region again found itself as a        sion Design, Energy and Space.
   Mr. Niewoehner directs the daily
                                                      frontier, a place of new and exciting tech-
     operations of a growing staff of                                                          ISR has a proven track record with
                                                      nologies that fueled a host of extractive,
                 scientists, engineers,               refining and manufacturing industries.   NASA and other large federal agencies
        mathematicians, physicists,                                                            with whom we work closely. Among
  information technology specialists                  As America fought and won two world our many programs, we’ve built and host
and support staff. He came to ISR                     wars, West Virginia, its people and its one of the world’s fastest supercomputers,
    in 1999 after a successful career                 abundant natural resources played a huge from which NASA can view deep space
with NASA, working for two years                      role, supplying brave soldiers on the phenomena, and have developed a “neu-
  with Ford Aerospace in support of                   battlefield and, on the home front, ral network”-based, onboard computer
    NASA’s Space Station Program                      needed materials such as coal and steel. that is helping improve aircraft safety.
           and nine years at NASA
 headquarters in Washington, D.C.                     Our greatness as a nation was built on ISR employs about 100 multi-disciplin-
                                                      West Virginia sweat and blood. But then ary scientists and research staff, a num-
                                                      times changed.                          ber that’s expected to grow to several
                                                                                              hundred by the time we move into our
                                                                                       th
                                                      In the latter part of the 20 Century, new headquarters and research facility.
North Central West Virginia




                                                      West Virginia realized it could no
                                                      longer count on the traditional
                                                      industries that had sustained its
                                                      people for so long — so the state
                                                      looked to the future and found
                                                      itself, yet again, on a frontier: the
                                                      transformation to the Informa-
                                                      tion Age.

                                                      What Is ISR? The Institute for
                                                                                                                                                              Photo by Roy Baker, ISR




                                                      Scientific Research, Inc. is one of
                                                      West Virginia’s fastest-growing
                                                      companies, performing world-
                                                      class research, from concept
                                                                                                ISR built and hosts “Black Diamond,” one of the world’s
                                                      through development, across
                                                                                                fastest supercomputers. It performs more than 1 billion
                                                      some of today’s most fascinating
                                                      scientific and engineering disci-         calculations per second and helps NASA visualize deep space
                                                      plines.                                   data like black holes and collapsed stars.



                 8            December 2002 Views & Visions
                                                                               Bowles Rice McDavid Graff & Love             PLLC



Simply put, our goal is to make ISR a      In addition, a large portion of the build-
premier R&D resource for the East          ing will be accessible to the public —
Coast, by providing research opportuni-    including a general recep-
ties that attract the best and the bright- tion area, a multi-purpose
est, from within our state and across the  exhibition center, 218-seat
nation.                                    educational conference au-
                                           ditorium, 120-foot tall ob-
ISR is an independent, not-for-profit servation tower, food ser-
company that believes there are no vices and modern wellness
boundaries to the human imagination. facilities.
And we’re proving it, every day.
                                           What ISR Means to North




                                                                                                                                   Photo by Roy Baker, ISR
ISR’s New Research Headquarters. To Central West Virginia.
meet ISR’s lofty goals and accommodate ISR’s sophisticated and chal-
our rapid growth, we’re now construct- lenging            agenda       of
ing a corporate headquarters and research multidisciplinary scientific
facility with a design so advanced it is R&D has successfully recruited to our             Matt Campbell, an ISR
destined to rank among the finest research state elite scientists and researchers, and     researcher, makes a
facilities in the U.S.                     dedicated administrative and support            presentation using a
                                           staff, from more than 15 states, coast-         multimedia display wall.
When completed in 2005, ISR’s flagship to-coast.                                           Campbell is part of ISR’s
facility will sit high atop the I-79 Tech-                                                 Informatics and Computing
nology Park in Fairmont, providing re- Among ISR’s personnel, 13% hold a                   Environments project, which
search space like no other for the engi- Ph.D., 24% have a Master’s degree and             embodies such new
neers, mathematicians, physicists, infor- 52% have earned a Bachelor’s degree.             technologies as high-
mation technology specialists and many                                                     performance computing, 3D
others we employ in the search for sci- As ISR continues to grow, it will dy-              visualization, virtual reality
entific excellence.                        namically invigorate the regional
                                                                                           and more.
                                           economy, fueling the effort to diversify
With more than 250,000 square feet of away from traditional extractive and
space, ISR’s new facility will include:    heavy manufacturing industries to a
                                           more modern and economically viable
• Raised access floors                     high technology-based economy.
• Reconfigurable laboratory space
• Static and full-motion flight simula- ISR’s presence will inevitably enhance the
   tion                                    research capabilities of nearby higher edu-
• Compartmentalized information fa- cation institutions and will serve as a cata-
   cilities                                lyst to sustainable economic growth in
• Manufacturing space for aerospace North Central West Virginia. Its pres-
   systems                                 ence will undoubtedly allow many na-
• Wet-research areas to support tive West Virginians to stay in state to
   bioinformatics                          work and raise their families.
• Compact range for radar cross-section
   and antenna research                    Learn more about the Institute for Sci-
• High-performance networks for data entific Research, Inc., our research phi-
   and audio-visual environments           losophy and our many programs at
• 22,000 square feet of secure research www.isr.us.
   laboratories located below ground

                                                                                 Views & Visions December 2002          9
Bowles Rice McDavid Graff & Love                          PLLC




                                                      A New Paradigm for
                                                      Neuroscience Research
                                                      J. Ernest Villafranca, Ph.D., Executive Director & CEO
                                                      Blanchette Rockefeller Neurosciences Institute




                                                      W
                                                                   e are so accustomed to news          ucts directly affecting people is known
                                                                    about medical advances that         as translational science. Traditionally
                                                                    we have come to expect              translational science has been conducted
                                                      them. Indeed, we should because these             in academic and basic research institu-
                                                      advances are working and making a huge            tions as an addendum to their primary
    Before joining BRNI in 2001,                      difference in human society. Life expect-         mission and in the pharmaceutical indus-
       Ernest Villafranca served as a
                                                      ancy at birth is the highest in human his-        try as a high-risk venture. For neuro-
                                                      tory, almost double what it was a cen-            science the time is right to establish a new
              consultant to Agouron
                                                      tury ago. And this is just the beginning.         paradigm that accelerates new discover-
 Pharmaceuticals, Inc., joining the
                                                      The solid commercial success of biotech-          ies through translational science to pro-
   company in 1987 as Director of
                                                      nology, an industry that did not exist 25         duce tangible benefits more quickly for
Protein Engineering. He performed
                                                      years ago, is the harbinger of great new          patients.
  research and development projects
                                                      innovations in medical treatments to
     with Agouron (now Agouron-
                                                      further prolong and enhance human life.     The Blanchette Rockefeller Neuro-
    Pfizer), advancing in 1997 to                     Information and technology from the         sciences Institute (BRNI) is the first non-
               Senior Director of the                 human genome, engineered cells, gene        profit institute to focus on translational
Neurodegenerative Disease Research                    therapy and years of basic research re-     proof-of-concept research in neuro-
  Division, where he managed and                      main essentially untapped. The result-      science. This strategic position not only
   directed research teams focused on                 ing burgeoning medical potential will       distinguishes BRNI from other neuro-
    Alzheimer’s disease therapeutics.                 compel the creation of novel strategies     science institutes but also offers many
  Dr. Villafranca has a background                    as we struggle to bring the new discov-     operational advantages. While adding
         in biology and a Ph.D. in                    eries to fruition.                          value to new discoveries and inventions
       chemistry, and has completed                                                               through cell and animal model research,
North Central West Virginia




          studies and research in the                 In few other areas of medicine is this BRNI lowers the risk for potential clini-
          areas of molecular biology,                 more obvious than in neuroscience. Re- cal developers.
               DNA technology and                     search investments during the past de-
                protein engineering.                  cade, “the decade of the brain,” have pro- Operating through strategic alliance
                                                      duced substantial new insights into the agreements with basic research laborato-
                                                      function and molecular mechanisms of ries and innovative license agreements that
                                                      the brain. Unfortunately, these insights share the risks and returns with clinical
                                                      have yet to produce significant treat- and commercial developers, BRNI be-
                                                      ments in the fastest growing and deadli- comes a global conduit through which
                                                      est neurological diseases, Alzheimer’s dis- potential new treatments can be chan-
                                                      ease and stroke. Close examination of neled. In this way, BRNI furthers its
                                                      the process through which major new mission to promote the advancement of
                                                      treatments are discovered and clinically new treatments as quickly as possible for
                                                      developed reveals a widening gap be- patients in need.
                                                      tween basic research and clinical appli-
                                                      cation.                                     After only two years in operation, the
                                                                                                  development of this new paradigm is well
                                                      The scientific study applied to the con- under way. Already, 20 patent disclo-
                                                      version of lab bench knowledge to prod-

              10              December 2002 Views & Visions
                                                                                Bowles Rice McDavid Graff & Love       PLLC



sures and filings have originated from the    trained experts to our incipient biotech-
BRNI laboratories and several new treat-      nology industry for the economic de-
ments for Alzheimer’s disease are under       velopment of West Virginia. By estab-
development. Additionally, an Alzhe-          lishing a new and useful paradigm for
imer’s disease diagnostic is in the final     the research and development process,
stage of clinical development through a       BRNI enables our brightest researchers
licensing arrangement with a commer-          to affect the lives of people here and
cial partner.                                 throughout the world.

The success of BRNI also has tangible         For more information, please visit our
direct regional benefits. As a research and   website at www.brni.org.
educational institution affiliated with the
WVU Health Sciences Center, BRNI is
supplying intellectual property and


                                                                                   Researchers at the

                                                                                   Blanchette
                                                                                   Rockefeller

                                                                                   Neurosciences

                                                                                   Institute (clockwise
                                                                                   from top): Weiqin

                                                                                   Zhao, M.D., Ph.D.,

                                                                                   Associate Professor;
                                                                                   Miao-Kun Sun, Ph.D.,

                                                                                   Professor;

                                                                                   Sebastiano Cavallaro,
                                                                                   M.D., Ph.D., Visiting

                                                                                   Associate Professor;

                                                                                   Bernard G. Schreurs,
                                                                                   Ph.D., Associate

                                                                                   Professor.




                                                                                  Views & Visions December 2002   11
Bowles Rice McDavid Graff & Love                          PLLC




                                                      Who Owns the “Invention” in the
                                                      High-Technology Environment?
                                                      Anthony P. Tokarz, Esquire
                                                      Bowles Rice McDavid Graff & Love PLLC




                                                      N
                                                                orth Central West Virginia is           may only be given an implied license to
                                                                an expanding hub of compa-              use the invention, which is typically
                                                                nies and educational institu-           called a “shop right.”
                                                      tions involved in high technology. In
                                                      this dynamic environment and in the               In determining the extent of ownership
      Anthony P. Tokarz, a member in                  rush to derive the economic benefits              or “shop right” of an employer in an
        the Charleston office, focuses his
                                                      from the development of high technol-             employee’s invention, courts consider the
                                                      ogy, some companies and educational               following:
       practice on intellectual property,
                                                      institutions have assumed that any in-
           environmental and complex
                                                      vention created by their employees or             1. Inventions created as a result of the
   litigation involving scientific and
                                                      faculty1 are owned by the company or              employer’s request and resources. De-
             technology-intensive cases.
                                                      the institution. This is not necessarily          spite the presumption of ownership of
        He serves as group leader for the
                                                      accurate. Under the democratic, free la-          the invention by the employee, if the
             firm’s Intellectual Property
                                                      bor spirit of the American patent sys-            employee was hired for the specific pur-
                         Practice Group.              tem, the inventor is the owner of the             pose of inventing a particular product or
                                                      invention. Patent law embraced this con-          process, and this objective is obtained,
                                                      cept of free thought by providing mo-             the employer may be considered the
                                                      nopoly and profit to the ingenious. As            owner of the invention. In this situa-
                                                      Abraham Lincoln observed, patent law              tion, an express contract providing the
                                                      “added a fuel of interest to the fire of          employer the ownership rights is usually
                                                      genius.”                                          not necessary.

                                                      Over time, the law has evolved to the             2. General inventions which are cre-
North Central West Virginia




                                                      point that in certain situations an em-           ated partially or completely with the
                                                      ployer will have ownership rights to an           employer’s resources, but which are not
                                                      employee’s invention. Nevertheless, the           specifically requested by the employer.
                                                      law still leans somewhat in favor of the          These general inventions are normally
                                                      employee-inventor. For instance, gen-             considered to be owned by the employee.
                                                      eral contracts of employment are not rec-         Nevertheless, in these situations an em-
                                                      ognized as including the products of the          ployer may be provided a “shop right,”
                                                      employee’s imaginative genius. Usually,           as described above. The extent of the
                                                      an employer will be entitled to own the           employer’s “shop right” will depend upon
                                                      products of an employee’s mechanical              the degree to which the employee actu-
                                                      skill, but lines are drawn by the courts          ally used the employer’s resources in cre-
                                                      when the product of the employee’s in-            ating the inventions.
                                                      ventive talent is the issue. In this regard,
                                                      if the invention is related to the employ-        3. Private inventions created by the
                                                      ment or business, the employee will still         employee without the employer’s re-
                                                      be declared the owner, and the employer           sources. An invention created by an

                                                      1
                                                       The ownership of inventions created by university graduate students presents a special category of
                                                      issues which is beyond the scope of this article.
              12              December 2002 Views & Visions
                                                                                 Bowles Rice McDavid Graff & Love       PLLC



                                                           “business methods.” Given
                                                           the number of employees
                                                           who use computers in the
                                                           workplace, the probability
                                                           is high that an employee
                                                           would access an employer’s
                                                           computer to create such a
                                                           patentable invention.

                                                             In the absence of an express
                                                             and, more importantly, ef-
                                                             fective written contract be-
                                                             tween an employer and an
                                                             employee covering the
                                                             ownership of intellectual
                                                             property, the ownership di-
                                                             lemma is compounded
                                                             when dealing with these
                                                             business-method inven-
                                                             tions. For example, while
employee on the employee’s own time          developing the computer-implemented
and without the employer’s resources is      invention, the employee also creates a
owned by the employee, even if the in-       written computer code for which the law
vention relates to the employer’s busi-      provides a common law copyright. In
ness. The employer will not be entitled      the event that an ownership dispute
to a “shop right.” However, if the in-       arises and cannot be informally resolved,
vention relates to the employer’s busi-      to certify ownership the employer will
ness, the employee ordinarily will have      have to sue the employee under the com-
the burden to prove that the employee        mon law theories of “hired to invent”
created the invention and that the em-       and “shop right” rules for the invention
ployer did not provide the employee          and “work for hire” provisions of the
with resources or information by which       Copyright Act for the computer code
the inventor was able to create the in-      itself. Even though the subject matter
vention.                                     of patentable inventions and copyrights
                                             are not inherently mutually exclusive,
A rapidly evolving fourth category per-      there are substantial differences in the
tains to those inventions created through    two bodies of law. Thus, it is difficult
the use of a computer. In the landmark       to predict how the employer would fare
decision of State Street Bank and Trust      in this litigation with the employee. The
Co. v. Signature Financial Group, Inc.,      employer could end up owning both,
the Federal Circuit held that a manipu-      or neither the invention nor the com-
lation of financial data by a computer       puter code or only one, rendering them
constituted patentable subject matter in     both useless.
that it produced a tangible, useable prod-
uct. This decision caused a dramatic         Because of the uncertainties described
flood in the number of computer-             above, many employers have used writ-
implemented inventions, known as             ten contracts to assign the ownership of
                                                                     (Continued on p. 17)

                                                                                   Views & Visions December 2002   13
Bowles Rice McDavid Graff & Love                          PLLC



                                                      Industries of the Future
                                                      Caulton L. Irwin, Ph.D., Director
                                                      Industries of the Future

                                                      “There is probably no time in our history when it has been more important for America
                                                      to have vital, strong and productive manufacturing industries.”
                                                                                               - David Satterfield, 5th Annual Industries of the
                                                                                                Future-WV Symposium, December 6, 2001.




                                                      D
                                                                avid Satterfield’s comment       Department of Energy program dedicated
In addition to his work as Director                             captures the response many       to energy efficiency in manufacturing and
of Industries of the Future-WV, Carl                            have had to recent economic      production companies. But while an
        Irwin is division director for                upheavals. In uncertain times, a nation    energy-intensive industrial base may pro-
 market enhancement and program                       develops a heightened awareness and an     vide the foundation upon which our fu-
development at the WVU National                       appreciation for its underlying strengths  ture economy will be built, surviving
        Research Center for Coal and                  — strengths such as manufacturing and      into the future remains challenging. In
        Energy (NRCCE). He has a                      production that have evolved over de-      addition to significant energy costs, we
         background in aeronautical                   cades.                                     face global competition, costly new tech-
  engineering and holds a Ph.D. in
                                                                                                 nologies, an aging workforce and increas-
                                                      West Virginia’s core manufacturing and ingly stringent environmental regula-
          mathematics. Dr. Irwin is
                                                      production companies are part of the tions.
    coordinator for WVU research on
                                                      country’s struggling industrial base, yet
    the Polymer/Electronics Recycling
                                                      these sectors produce materials and prod- The Weyerhaeuser Company — the
      project that is jointly managed
                                                      ucts that are critical to the economy of world’s largest producer of softwood and
 with the Polymer Alliance Zone of
                                                      the state and security of the land. Most hardwood lumber — is an energy-inten-
                        West Virginia.
                                                      agree that both our economy and secu- sive, natural resource-based manufacturer
                                                      rity will be diminished if we lose the ca- that faces all these challenges. Yet accord-
                                                      pacity to produce aluminum, steel, ing to George Weyerhaeuser, Jr., Senior
North Central West Virginia




                                                      chemicals, polymers and other basic Vice President of Technology, one of
                                                      materials and products.                    their strategies is to build more “knowl-
                                                                                                 edge” into their products through research
                                                      Staying competitive means reducing and development to become as energy
                                                      costs, and for many basic industries en- efficient as possible, to manipulate wood
                                                      ergy represents a substantial percentage fibers down to the molecular level, to
                                                      of total production costs. Energy-inten- create new and better products, i.e., to
                                                      sive industries are prominent in West build a better box!
                                                      Virginia, providing more than 75% of
                                                      the manufacturing gross state product In 1997, through a cooperative effort
                                                      (GSP) and almost 65% of the state’s with West Virginia University, the West
                                                      manufacturing jobs. Table 1 (opposite Virginia Development Office and the
                                                      page) shows comparable data for several U.S. DOE Office of Industrial Technolo-
                                                      states.                                    gies, West Virginia became the first state
                                                                                                 to launch its own IOF program (IOF-
                                                      West Virginia’s strength in energy-inten- WV). (See http://iofwv.nrcce.wvu.edu
                                                      sive industries makes us a key player in for additional information on the pro-
                                                      Industries of the Future (IOF), a U.S. gram.) Since then, more than 30 other


              14              December 2002 Views & Visions
                                                                                  Bowles Rice McDavid Graff & Love        PLLC



states have initiated IOF programs, and         West Virginia companies such as Cen-
West Virginia has become recognized as          tury Aluminum, Pechiney Rolled Prod-
a national leader in this area. As we have      ucts, Weirton Steel, Fenton Art Glass,
found in West Virginia, the appeal of a         Marble King, GE Specialty Chemicals,
state IOF partnership is that it has the        Dyna-Tech Adhesives, Bayer Chemical,
flexibility to incorporate a state’s particu-   SDR Plastics, Mullican Lumber, Hamer
lar industry profile, energy mix, and re-       Lumber and Pellet Fuels, Westvaco, HK
search strengths, e.g., Iowa and corn-          Castings, Kelly Foundry and Applied In-
based products, Tennessee and the Oak           dustrial Solutions LLC have participated
Ridge National Lab, Washington and the          in IOF-WV projects. More than 25
Weyerhaeuser Company.                           WVU researchers have assisted with
                                                IOF-WV projects. Several projects have
West Virginia’s approach to sustaining a        also enlisted expert assistance from the
state IOF program is to continually link        U.S. DOE national labs.
industry R&D needs, especially in en-
ergy and resource efficiency, with research     Results of IOF-WV projects range from
expertise at WVU, national labs and pri-        immediate industrial energy assessments
vate companies, and then to identify co-        (free to small and medium-size manu-
funding opportunities in federal and            facturing companies) to the potentially
state programs. Over the past five years,       long-term benefits associated with the
IOF-WV research teams have obtained             development of promising new metal
more than $11.8 million in competi-             alloys for use in galvanizing line hard-
tively awarded federal and state funding        ware. Some projects are highly techni-
for projects with more than $7.2 mil-           cal in nature, such as the development
lion in non-federal cost-share, for a total     of new diagnostic and computer con-
R&D program value to West Virginia              trol systems to optimize aluminum
exceeding $19 million.                                                (Continued on p. 16)



               Energy-Intensive Industries
                                                    % of Total                   % of Total
                                                Gross State Product          Manufacturing Jobs

                  West Virginia                         78%                            64%
                   New Jersey                           59%                            40%
                  Pennsylvania                           46%                           39%
                       Ohio                             42%                           42%
                     Tennesee                            38%                           34%
                       Iowa                              35%                           23%

                    Kentucky                            29%                           35%
                   Washington                           26%                           25%



Table 1                                                                              Views & Visions December 2002   15
Bowles Rice McDavid Graff & Love                          PLLC


                                                      (Irwin . . . continued from p. 15)
                                                      smelting. Other
                                                      efforts are more
                                                      policy-oriented,
                                                      such as the IOF-
                                                      WV metal casting
                                                      group’s successful
                                                      initiative to have
                                                      new DEP waste-
                                                      management regu-
                                                      lations imple-
                                                      mented, permit-
                                                      ting productive
                                                      uses of spent
                                                      foundry sand. This
                                                      latter effort has
                                                      saved one West
                                                      Virginia metal cast-
                                                      ing company more West Virginia’s core manufacturing and production companies produce
                                                      than $600,000 materials and products that are critical to the economy of the state and
                                                      over a two-year pe- security of the land.
                                                      riod, and, accord-
                                                      ing to the company
                                                      president, “has enabled me to weather The objective of IOF-WV is to contrib-
                                                      the recession and stay in business.”        ute to this process, to form R&D part-
                                                                                                  nerships that follow the Weyerhaeuser
                                                      Despite these and other successes across example and to help energy-intensive in-
                                                      the country, some economic forecasters dustries become “knowledge-intensive”
                                                      predict that because of global industries as well. IOF-WV can also be
North Central West Virginia




                                                      overcapacities, cheap offshore labor and a vehicle for helping to increase aware-
                                                      the “new economy,” traditional energy- ness of the spectrum of products and
                                                      intensive industries are dying on the vine. materials that are currently produced in
                                                      If these forecasts become reality, what West Virginia, as well as the potential
                                                      would be the impact on national secu- for building more high-value down-
                                                      rity, on the strength of the U.S. economy stream manufacturing on our existing
                                                      and on the potential for future indus- industry base.
                                                      trial development?
                                                                                                  The Sixth Annual IOF-WV Symposium
                                                      Given West Virginia’s unique role in the will be held December 10-12, 2002, in
                                                      energy-intensive market, we have a Charleston, West Virginia, and the Third
                                                      strong rationale for addressing these IOF-WV Day at the Capitol will be held
                                                      questions. West Virginia can be a labo- February 7, 2003, in the Rotunda at the
                                                      ratory for the nation, assessing and de- State Capitol Building. All who would
                                                      veloping projects and policies that give like to be part of the evolution of West
                                                      energy-intensive industries a chance to Virginia’s basic industries are cordially
                                                      evolve in the economy of the future. invited to participate in these events.
                                                      What’s good for West Virginia just may
                                                      turn out to be good for the nation!

              16              December 2002 Views & Visions
                                                                               Bowles Rice McDavid Graff & Love       PLLC



(Tokarz . . . continued from p. 13)
an employee’s invention. However, par-       fied number of years after the employee’s
ticularly in high technology information     termination of employment requires the
businesses, many companies have out-         employee to assign to an employer all
grown their original employee agree-         inventions made during the course of
ments. Also, in some situations, employ-     employment and within a specified num-
ees will refuse to execute an invention      ber of years thereafter if the invention
ownership assignment. This frequently        relates to the employer’s business could
occurs after an invention has been cre-      be held unenforceable if adequate mon-
ated by an employee and then discov-         etary compensation is not provided for
ered by the employer.                        the post-employment conditions.

To avoid post-                                                   Another con-
invention dis-                                                   cern is that the
putes with em-                                                   employee could
ployees, em-                                                     still assign those
ployee invention                                                 rights to a third
assignment                                                       party, even if the
agreements can                                                   employee had
be provided as a                                                 assigned the
condition of                                                     i n v e n t i o n’s
employment.                                                      ownership
However, some                                                    rights to the
pre-invention as-                                                employer. If the
signment agree-                                                  third party paid
ments are so                                                     value for the
broad in scope,                                                  ownership
they are uncon-                                                  rights without
scionable and                                                    notice of the
therefore unen-                                                  first assign-
forceable. For                                                   ment, the third
example, agree-                                                  party is deemed
ments that assign                                                to be the owner
the rights of in-                                                of the inven-
ventions unrelated to an employer’s     tion. Therefore, employers should en-
present or anticipated business and/or de-
                                        sure that employee assignments are re-
veloped during the employee’s own time  corded. The federal patent statute pro-
and with the employee’s own resources   vides that assignments of inventions per-
or where the value of the invention far taining to patent applications and pat-
outweighs the compensation paid to the  ents may be recorded in the United States
employee.                               Patent and Trademark Office. Record-
                                        ing is voluntary, but the effect is similar
Other provisions of employee invention to real estate recording statutes that pro-
assignment agreements can be a trap for tect the buyer against such transfers of
the unwary. As an example, an agree- title for value and without notice.
ment that prohibits the employee from
competing with the company for a speci-


                                                                                 Views & Visions December 2002   17
Bowles Rice McDavid Graff & Love                          PLLC




                                                      Enhancing Access to
                                                      Higher Education in West Virginia
                                                      Daniel J. Bradley, Ph.D., President
                                                      Fairmont State College




                                                      A
                                                              ccess to educational resources is        today’s electronic communication, this
                                                              vital to the future success of West      type of delivery is moving to the next
                                                              Virginia’s economy. Our state’s          level.
                                                      higher education system is being called
                                                      upon to provide access to the programs           Fairmont State has adopted Web-CT, a
                                                      our clients want at times and places con-        software product that facilitates online
     As President of Fairmont State                   venient to them. Let me tell you about           delivery of classes. To date, more than
 College, Dan Bradley has devoted a                   two specific initiatives Fairmont State has      half of our faculty have received training
      significant part of his efforts to              launched to provide better service to            in the use of Web-CT, and the number
outreach activities to K-12 students                  employers and working-age adults. One            of online courses available to the off-
  and teachers (Upward Bound and                      addresses the issue of “time,” the other         campus community continues to grow.
NSF Young Scholars), which are an                     seeks to offer support to our region’s           It’s already possible for a student to earn
    indication of the importance he                   small business community.                        an Associate’s degree without taking any
   attaches to helping students reach                                                                  traditional classes or visiting any of our
their education goals and potential.                  Time is a precious commodity, especially         physical sites.
  Prior to coming to Fairmont State                   for employers and working-age adults.
          in 2001, Dr. Bradley was                    That’s why our first initiative is to de-  Eventually, the availability and market-
     Chancellor for Academic Affairs
                                                      crease the travel time involved in pursu-  ing of online courses may be all that is
                                                      ing an education and increase the num-     needed. However, many citizens and
 and Research of Montana Tech. He
                                                      ber of hours classes and instruction are   employers do not currently have the
          holds a Bachelor’s degree in
                                                      available.                                 computer hardware or technical skills
      Biochemistry, a Bachelor’s and
                                                                                                 needed to successfully complete E-
         Master’s degree in Petroleum
                                                      We are offering classes at more locations courses.
North Central West Virginia




       Engineering, and a Ph.D. in
                                                      and at better times
                  Physical Chemistry.
                                                      (including week-
                                                      ends and evenings).
                                                      We are also increas-
                                                      ing the number of
                                                      “asynchronous de-
                                                      livery” courses avail-
                                                      able. With this type
                                                      of delivery, the stu-
                                                      dent and teacher
                                                      never have to meet
                                                      face to face. In fact,
                                                      they may do all of
                                                      their work at oppo-
                                                      site ends of the day With FSC’s Web-CT, it is now possible for students to earn an Associate’s
                                                      — or opposite ends degree without taking any traditional classes or visiting any of the college’s
                                                      of the world. With physical sites.
                                                      the internet and


              18              December 2002 Views & Visions
                                                                               Bowles Rice McDavid Graff & Love                  PLLC



To help fill this void, Senator Roman        individuals and companies. The cost of
Prezioso and others have helped us de-       developing individual or unique train-
velop E-learning centers in cooperation      ing materials is often prohibitively ex-
with the public school systems in Preston    pensive. This is espe-
and Randolph counties. Similar centers       cially true for small
exist on the Fairmont Campus and at          businesses. However,
our Gaston Caperton Center in                by partnering with
Clarksburg. A recent private grant from      American College Test-
the Bowers Trust will allow us to de-        ing (ACT), we are able
velop another E-learning site in rural       to provide computer-
Marion County at the Mannington              based workforce train-
Community Center.                            ing and certification in
                                             more than 2,000 pro-
These E-learning centers will provide stu-   grams. This dramati-
dents with computers, printers, high-        cally lowers the cost of
speed connectivity and facilitators. Stu-    providing specialized
dents will be able to take courses offered   training for small busi-
by Fairmont State, as well as courses of-    nesses and individuals.
fered by partners such as the Kentucky       Class size can be as low
Community and Technical College Sys-         as one!
tem and eventually any institution in the
world. We hope to have these centers,        This training is avail-
which meet a crucial need for education      able at our Center for
and training in all eight counties of our    Workforce Education,
community and technical college service      located at the I-79
region, within a few years.                  Technology Park in         The institution now known as Fairmont State began as a
                                             Fairmont. In addition,     private school in 1865 and became Fairmont State Normal
Access to workforce training and small       more than 90% of           School in 1867. The school became a four-year college in
business development is at the center of     these programs are         1943, and in 1974 the Fairmont State Community &
our second initiative. The Fairmont          available anywhere with    Technical College component was created. Today, Fairmont
State Community & Technical College’s        adequate internet ac-      State, comprised of Fairmont State College and Fairmont
Regional Small Business Development          cess — including an        State Community &Technical College, boasts an enrollment
Center (SBDC) has operations in              employer’s place of
                                                                        of more than 6,700 students and offers 80 baccalaureate
Fairmont, Morgantown and Elkins and          business or a Fairmont
                                                                        degrees and 40 certificate and two-year degrees. The college
offers training in many communities          State E-learning Cen-
                                                                        has expanded to include the Gaston Caperton Center
throughout our region. Our SBDC has          ter.
                                                                        (Clarksburg), the Robert C. Byrd National Aerospace
provided training to 436 individuals and
133 businesses in the past year. Our                                    Education Center (Bridgeport) and the FSC&TC Regional
                                             These two initiatives
workforce training efforts last year, in-                               Small Business Development Center (beside the Allan B.
                                             represent ways we are
cluding the SBDC programs, benefited         striving to take           Mollohan Innovation Center).
more than 2,700 people in almost 180         Fairmont State to our
programs. That represents nearly 30,000      students and clients. We are no longer
contact hours.                               satisfied with being a passive resource,
                                             waiting for people to come to us. We
While these efforts will continue, we are    are actively seeking new ways to develop
also developing ways to respond to the       our services and meet the educational
very specialized training needs of some      needs of our region.


                                                                                 Views & Visions December 2002              19
Bowles Rice McDavid Graff & Love                          PLLC




                                                      West Virginia Wesleyan College
                                                      William R. Haden, President
                                                      West Virginia Weslyan College




                                                      O
                                                                 ne mark of distinction for              This broad approach to access has our
                                                                 West Virginia Wesleyan Col-             faculty thinking in new directions for
                                                                 lege is its Information Tech-           student assignments. The classroom en-
                                                      nology program, often cited as a national          vironment remains very eclectic. Our
                                                      model for an integrated approach to IT             students are encouraged to seek the meth-
                                                      in higher education. The program at                ods of study that are best for them. Cal-
  William Haden became President                      West Virginia Wesleyan is more than a              culus students work with 3-D models
 of West Virginia Weslyan in 1995.                    laptop, more than the WWW; it is a                 on their laptops that are not available in
   He is actively involved in several                 comprehensive IT program that prepares             a classroom with chalk alone. You will
  national efforts to improve higher                  students to be contributing citizens of            continue to see boards full of equations
         education, including Project                 West Virginia and the larger world, and            in the Math Department; the technol-
       Kaleidoscope, an initiative to                 to live and work in the knowledge soci-            ogy enhances the strong faculty to stu-
   improve science and mathematics                    ety as leaders and innovators.                     dent interaction that takes place in the
       undergraduate education, and                                                                      classroom. Students can mirror the work
        Campus Compact, to promote
                                                      In 1996, the College committed to a 1:1            of their chosen profession while at the
                                                      student to computer ratio. This has al-            College; they conduct research, write and
    student volunteerism. He began
                                                      lowed our students to use the computer             collaborate with standard software that
      his career in educational fund-
                                                      as a tool in their coursework and has al-          they will continue to use far beyond their
         raising and has an extensive
                                                      lowed them 24/7 access to the technol-             tenure at Wesleyan. The electronic envi-
        background in Development,
                                                      ogy resources 52 weeks a year.                     ronment enhances student and faculty
               Alumni Relations and
                                                                                                         communication in and out of the class-
                       Public Affairs.
                                                      Our information technology initiative              room. Electronic data collection and
                                                      is threefold in its approach, with 1) stu-         management, online library resources and
                                                      dent access, 2) network reliability, and           full-text electronic journals enable stu-
North Central West Virginia




                                                      3) robust information resources to sup-            dents to gain skills in digital research and
                                                      port the academic needs of the College.            networking that is necessary to work in
                                                      It is this unique three-point approach             the information rich arenas to which they
                                                      that sets our program apart from so                aspire.
                                                      many other trends in higher education
                                                      computing.
                                                      Equipping all West Virginia Wesleyan is an IBM Thinkpad University Program Participant. Upon
                                                      of our students each student’s arrival on campus, they receive an IMB Thinkpad Laptop for individual
                                                      and our entire use, a network account and access to the global community.
                                                      faculty with
                                                      equitable tech- “We have worked very hard to add a technological edge
                                                      nology access,
                                                                           that enhances the strong liberal arts foundation for
                                                      the informa-
                                                      tion technol- which Wesleyan is known. Wesleyan students gain life-
                                                      ogy initiative long skills in information access, processing and man-
                                                      has evolved in
                                                      many different agement.” - Karen R. Petitto, Instructional Technology Specialist
                                                                                               Assistant Professer of Educational Technology
                                                      directions.


              20              December 2002 Views & Visions
                                                                                      Bowles Rice McDavid Graff & Love       PLLC



The access to information technology has       Many of our students rely on the mo-
enhanced many of our existing program          bile computer as an integral part of their
areas. We have a strong commitment to          internship program. Student interns
service and the mobile computer has al-        now arrive at West Virginia companies
lowed students to take the computers           equipped with their own
out into the community and collect data        electronic workstation.             West Virginia
for several different projects that have had   One of our most success-      Wesleyan College
a positive community impact. Nursing           ful interns worked in the
students have completed community              Office of the Governor        West Virginia Wesleyan is a private
health projects, and education students        of West Virginia and re-      school located in Buckhannon, West
arrive at the public schools equipped with     ceived the highest marks      Virginia. Originally known as the
the tools they need to share information       for readiness and accelera-   West Virginia Conference Seminary,
with K-12 students. Students have con-         tion in electronic data ac-   the school opened September 3, 1890,
verted C92, our campus radio station,          cess, evaluation and man-     and the first baccalaureate degrees
to a digital platform.                         agement. Collaborative        were awarded in 1905. One year
                                               efforts in which faculty      later, the name officially changed from
Many of the changes facilitated by tech-       are involved are sup-         Wesleyan University of West Virginia
nologies have been student initiatives or      ported by students; stu-      to West Virginia Wesleyan College, in
our response to the way students work.         dent work on campus is        honor of Methodism’s founder, John
They are subtle changes, just as e-mail        much more robust than         Wesley. Students at Wesleyan are
has replaced much of the communica-            answering phones and fil-     prepared through its curriculum of arts
tion within your organization and the          ing data. Our student         and sciences, preprofessional and
migration from print to electronic pub-        employees are truly gain-
                                                                             professional studies, and its rich
lications. Much of what we do we just          ing valuable skills that
                                                                             campus life program.
naturally do on the web. Student popu-         they will take away with
lations are highly nomadic — gathering         them.
and working in many different places.
The information technology initiative Students choose a small college to be-
has brought students together with the come engaged in the learning environ-
knowledge and the network.                ment with faculty who are passionate
                                          about their field of study. We know that
We continue to stay poised to incorpo- no field stands on its own in the world
rate new learning technologies that will in which we live. Our first priority is
positively affect the teaching and learn- teaching and learning; the information
ing process. One of our ongoing efforts technology program helps to yield gradu-
is in testing wireless technologies that ates who receive an excellent education
promise community wireless alternatives and who are highly competitive in
in the future. We partnered with another today’s job market. Employers note that
West Virginia company to build a wire- our graduates have the knowledge base
less tower on our campus. This has at- they desire and a concise technological
tracted wireless vendors who are in need learning curve compared with graduates
of beta testing grounds for their prod- from other institutions. We will con-
ucts. Wireless community access to the tinue to provide West Virginia with re-
Internet is not yet a reality; but we are sponsible citizens who can sustain our
helping to shape the direction for this natural culture and beauty, as well as
technology.                               forge the economic landscape for a suc-
                                          cessful future.


                                                                                        Views & Visions December 2002   21
Bowles Rice McDavid Graff & Love                         PLLC



                                                      Economic Diversity
                                                      through Technology
                                                      James L. Estep, President & CEO
                                                      West Virginia High Technology Consortium Foundation




                                                      W
                                                                   ithout question, traditional     nowned and technologically sophisti-
                                                                   West Virginia industries         cated Federal agencies.
                                                                   such as energy and manufac-
                                                      turing will continue to play a major role  The Federal Bureau of Investigation, the
                                                      in the future of West Virginia’s economy.  Department of Defense, the Department
   Under Mr. Estep’s leadership, the                  Governor Wise has demonstrated lead-       of Energy, NASA, the National Institute
          WVHTC Foundation has                        ership over the last year with the creationof Occupational Safety and Health
undergone extensive reorganization,
                                                      of his energy task force to help chart a   (NIOSH) and others are now located in
                                                      course for the future of West Virginia’s   West Virginia and serve as critical eco-
including an expansion of the I-79
                                                      energy sector.                             nomic anchors. As anchors, they pro-
    Technology Park and a complete
                                                                                                 vide a conduit for key Federal procure-
  restructuring of the organization’s
                                                      However, few would argue that there ments. Hundreds of millions of dollars
 education division and technology
                                                      must be continued diversification to have have flowed through these organizations
      affiliate program. Prior to his
                                                      a truly healthy economy. It is not hard to the technology contractor community
      appointment as President and
                                                      to notice that one of the significant di- in West Virginia.
CEO, Mr. Estep served for four years                  versification efforts in West Virginia has
 as Vice-President for research at the                involved technology. Efforts to diver- As this community matures and grows
    WVHTC Foundation. In that                         sify West Virginia’s economy with a tech- and becomes a greater presence, the im-
  capacity, he was a key provider of                  nology sector have been most visible in pact will become even more substantial.
     the technical leadership behind                  the north central part of the state.       The truly exciting part of this economic
           the successful growth of the                                                          diversification component is that the eco-
 Foundation’s multi-million dollar                    As a result of the vision and efforts of nomic impact realized from the federal
                    research programs.                U.S. Senator Robert C. Byrd and First anchors to date is only the tip of the ice-
North Central West Virginia




                                                      District Congressman Alan B. Mollohan, berg of its potential. In addition, there
                                                      the economic landscape of North Cen- are plans for other Federal anchors to join
                                                      tral West Virginia has changed dramati- those already in the state.
                                                      cally over the past decade, transforming
                                                      the region from an economy dependent Another very important strategic com-
                                                      upon traditional industries to one of ponent to the success of the technology
                                                      technological advancement and diversi- sector is a strong and diverse technology
                                                      fication. As a result, North Central West business community. A balanced busi-
                                                      Virginia’s technology sector is poised to ness community provides the support
                                                      explode, expanding throughout the state. infrastructure not only for the resident
                                                                                                 Federal anchors, but also provides a ve-
                                                      The success of the North Central West hicle for high paying, high quality jobs.
                                                      Virginia technology sector has involved When organized correctly, the business
                                                      many years of strategic positioning. One community can leverage its efforts to
                                                      of the critical components of this posi- fulfill its support role and to attract and
                                                      tioning has been the growth of a Federal bring in additional work from around
                                                      presence in the region. Thanks to early the country and world — ultimately re-
                                                      efforts by Senator Byrd, our state now sulting in more jobs.
                                                      includes some of the country’s most re-

              22              December 2002 Views & Visions
                                                                                 Bowles Rice McDavid Graff & Love               PLLC



One of the most exciting aspects of this      West Virginia innovators. Services in-
scenario is that the employees of these       clude product evaluation, assistance in
technology businesses, in turn, become        business planning, market analysis, mar-
fertile ground for entrepreneurs and hot      ket strategy development and access to
new start-up companies. When directed         seed or early stage investment capital. In
towards the development of commer-            short, the INNOVA Commercializa-
cial products and services, the wealth cre-   tion Group seeks to cultivate the state’s
ation potential becomes very attractive,      entrepreneurial climate.
which is at the very heart of economic
development. The challenge, then,
is to provide the “right resources” to
harvest this opportunity.

Enabling a strong, balanced and di-
verse technology business commu-
nity is perhaps the most challenging
component of a technology-based
economic diversification effort.
While there is no “wrong or right
recipe” for accomplishing this objec-
tive, there are some fundamental
components that must be addressed
in some capacity.

Over the last decade, efforts at the                                                        The Alan B. Mollohan Innovation
West Virginia High Technology Consor-         The WVHTC Foundation’s workforce
                                                                                            Center is a $12 million, 110,000
tium (WVHTC) Foundation have                  development program is focused on re-
                                                                                            square-foot office complex located in
evolved to provide a framework for ad-        cruitment and continuing education.
                                                                                            the heart of the high-tech corridor in
dressing this challenge. The framework        The WVHTC Foundation’s affiliate
                                                                                            Fairmont. Opened in 1996, the
the WVHTC Foundation has evolved              services program is being enhanced to
                                                                                            Center is a public-private partnership
to support its mission includes five key      serve the technology community more
                                                                                            dedicated to facilitating the
areas: research and development, com-         efficiently, with services including legal,
mercialization, workforce development,        accounting, travel services, training and     continued growth of high-technology
affiliate services and technology park de-    education opportunities, and group            jobs in West Virginia. Its principal
velopment.                                    health insurance, to mention a few.           function is to provide much needed
                                                                                            high-technology office and laboratory
The WVHTC Foundation’s research               One of the most significant efforts is the    space, unavailable elsewhere in the
and development division’s focus is to        development of the I-79 Technology            region, for the increasing number of
expose the technology business commu-         Park. The goal is to develop the I-79         technology companies wishing to
nity to cutting edge high potential tech-     Technology Park into one of the pre-          locate in West Virginia.
nologies.                                     mier technology business parks in the
                                              country.
The WVHTC Foundation recently an-
nounced the creation of INNOVA, its           These five key areas will continue to
commercialization division. INNOVA            prompt high tech growth and economic
is designed to advance economic growth        development in the north central region
by increasing the number of new prod-         and throughout West Virginia.
ucts introduced into the marketplace by

                                                                                   Views & Visions December 2002           23
Bowles Rice McDavid Graff & Love                         PLLC




                                                      The Present and Future of Health Care
                                                      in North Central West Virginia
                                                      J. Thomas Jones, CEO
                                                      West Virginia United Health System




                                                      W
                                                                  est Virginia United Health     tensive care, subspecialty pediatric care,
                                                                  System (WVUHS) was de-         and sophisticated neurosurgical proce-
                                                                  veloped in the 1990s for its   dures. These services, along with the
                                                      members to work collaboratively to ad-     highest level of trauma services, truly
       J. Thomas Jones was recently                   dress the health issues of then, of today, make WVUH a “safety net” hospital for
 appointed to the position of Chief                   and of tomorrow.                           the region and the state. WVUH is also
 Executive Officer of West Virginia                                                              working with Monongalia General Hos-
        United Health System. He                      WVUHS joins the resources of West pital, United Hospital Center, and
previously served as CEO of Genesis                   Virginia University Hospitals (WVUH), Camden-Clark Memorial Hospital to
      Hospital System, Inc. and as
                                                      and Clarksburg’s United Hospital Cen- provide heart services around our state.
Executive Director and CEO of St.
                                                      ter (UHC). WVUHS has a unique op-
                                                      portunity to partner the efforts of com- United Hospital Center will shortly be-
  Mary’s Hospital, both located in
                                                      munity-based health care with medical gin offering life saving interventional car-
      Huntington, West Virginia.
                                                      education and research, to better the diology services on-site with surgical sup-
          Mr. Jones is also the former
                                                      health of North Central West Virginia port from WVUH. UHC is among the
             Administrator/COO of
                                                      and beyond. Collectively, we have 710 first in the nation to utilize “camera in a
   Wheeling Hospital. He holds a
                                                      beds, 470 staff physicians and 4,468 em- pill” technology for non-invasive diag-
       Bachelor’s degree in Business
                                                      ployees, making WVUHS the second nosis of certain small intestine disorders.
             Administration and a                     largest employer in West Virginia.         UHC is one of only a few hospitals in
                  Master’s degree in                                                             West Virginia providing a full range of
          Hospital Administration.                    WVUHS’s vision is to “bring health care post-hospital services, including a residen-
                                                      providers together to improve the health tial assisted living facility and nursing
                                                      of the communities we serve, by deliv- home services.
North Central West Virginia




                                                      ering quality, cost-effective health care,
                                                      and supporting medical education and But the impact of WVUHS is felt be-
                                                      research.”                                 yond our region. WVUHS facilities serve
                                                                                                 residents from every county in West Vir-
                                                      The WVUHS partnership embodies the ginia, as well as from Pennsylvania,
                                                      not-for-profit model of health care, dedi- Maryland, Ohio, Virginia and Kentucky.
                                                      cated to sustaining access to quality The cutting-edge neurosciences program
                                                      health care by continually reinvesting in at WVUH attracts patients from as far
                                                      facilities and services locally. Not-for- away as Israel, Greece, and Italy.
                                                      profit organizations have a higher call- WVUHS also supports the development
                                                      ing to provide care for everyone. This of cancer research at WVU that will be
                                                      year WVUHS facilities will provide unparalleled. West Virginians will soon
                                                      more than $15 million in charity care have access to unique cancer treatments
                                                      for those unable to pay.                   that people outside of the state will seek
                                                                                                 as well at the Mary Babb Randolph Can-
                                                      A key aspect of improving the health sta- cer Center.
                                                      tus in the region is improving access to
                                                      services. WVUH provides a range of spe- WVUHS has developed a regional view
                                                      cialized services, including neonatal in- of health care, leading to ambitious plans

              24              December 2002 Views & Visions
                                                                                     Bowles Rice McDavid Graff & Love       PLLC




                                                     WVUHS joins the powerful resources
                                                     of West Virginia University Hospitals
                                                     (WVUH) and Clarksburg’s United
                                                     Hospital Center (UHC). The
                                                     cutting-edge neurosciences program at
                                                     WVUH attracts patients from around
                                                     the globe, while UHC is among the
                                                     first facilities in the nation to utilze
                                                     the advanced “camera in a pill”
                                                     technology for non-invasive diagnosis
                                                     of certain small intestine disorders.



to upgrade system facilities. WVUH has      will save an estimated additional $7 mil-
become the first West Virginia hospital     lion over the next few years.
in more than a decade to request 70 ad-
ditional beds to meet increased demand.    The future is bright for WVUHS and
This $75 million expansion will also add   consequently for health care delivery in
needed operating rooms and intensive       the region. WVUHS is open to addi-
care units to meet growing demand. No      tional partners who are a strategic and a
special rate increases will be needed for  cultural fit. Additionally, WVUHS has
this expansion.                            a vision of continuing to dramatically
                                           enhance access to cardiac, neuro, and on-
Plans are also under way for the new cology services in the region, in conjunc-
United Hospital Center, the first “21st tion with physicians in the WVU School
Century” hospital in West Virginia. If of Medicine and those in private prac-
approved, UHC will be the first large tice.
replacement hospital built in the state in
more than fifteen years. UHC will be There are daunting challenges facing the
built with future health care needs in health care industry today in West Vir-
mind: outpatient services will be ar- ginia. These challenges include rising
ranged in “medical mall” fashion for co- medical malpractice insurance rates, the
ordination between services and easy ac- financial woes of PEIA and the Medic-
cess for our aging population. UHC is aid program, and the scarcity of physi-
now among the lowest cost hospitals in cians, nurses and other health providers.
West Virginia and is projected to have The future of health care in our state
charges lower than average even with con- will include the challenges of today and
struction of a new facility.               unknown changes that will emerge over
                                           time.
In addition to strategic benefits of part-
nership, WVUHS has delivered cost sav- WVUHS believes the best way to ad-
ings that its members could not achieve dress the problems of today, and tomor-
individually. By combining purchasing row, is to do our best to create that fu-
contracts and standardizing some items, ture in partnership with like-minded
WVUHS has already saved in excess of hospitals and physicians to sustain and
$2.2 million. With centralization of sup- improve the health status of citizens in
ply-chain processes this fall, WVUHS the region.
                                                                                       Views & Visions December 2002   25
Bowles Rice McDavid Graff & Love                          PLLC




                                                      Research Ridge:
                                                      Community Makes a Difference
                                                      Patrick R. Esposito, Sr., CEO
                                                      Augusta Systems




                                                      T
                                                               he first step in the quest for sus-   dynamic interplay between public and
                                                               tainable economic development         private-sector researchers at NETL and
                                                               in West Virginia involves pro-        at Research Ridge, we have planted the
                                                      viding the tools that can help businesses      seeds of what can blossom into a thriv-
                                                      to succeed. A key tool, as defined by the      ing energy and environmental technol-
        Patrick R. Esposito, Sr., is the              mantra of the retail sales industry, is lo-    ogy cluster in the Morgantown area.
President of Whitman Augusta and                      cation, location, location.
        the Chief Executive Officer of                                                               In so doing, we believe that Research
  Augusta Systems, a Morgantown-                      In Morgantown, we at Whitman Au-               Ridge plays an important part in the
    based start-up energy technology                  gusta set out to provide just such a tool,     overall efforts to expand the knowledge-
          company. Esposito serves as                 the right location, for the leaders of the     based economy in North Central West
      chairman of the West Virginia                   region’s burgeoning energy and environ-        Virginia, whether that growth involves
  Governor’s Energy Task Force and
                                                      mental technology sector. As the sister        energy technologies, IT, biometrics, or
                                                      company to Augusta Systems, an energy          any of the dozens of possible success sto-
     as co-chairman of the Southern
                                                      technology start-up company itself, we         ries being written across the region. Most
 States Energy Board Task Force on
                                                      understood the demands and physical            likely, growth will involve the hand-in-
  Electric Utility Restructuring. He
                                                      requirements necessary for the success of      hand development of these clusters and
 also represents West Virginia on the
                                                      technology-based businesses. The result        businesses. What is good for one sector
 National Coal and Power Systems
                                                      was a first for Morgantown: Research           is good for all of these sectors.
        Committee and the Southern
                                                      Ridge, a campus-style research and busi-
          Global Strategies Council.                  ness park built using the most up-to-date  It is this spirit of community and possi-
                                                      energy efficient technologies, including   bility that brought Research Ridge into
                                                      ultrasonic and infrared sensors, along     existence in the first place. Research
North Central West Virginia




                                                      with fiber optic service, data ports and   Ridge was developed to provide a com-
                                                      radiant heating.                           munal location, with a relaxed atmo-
                                                                                                 sphere and the necessary amenities, where
                                                      Strategically located adjacent to the U.S. knowledge workers can communicate,
                                                      Department of Energy’s National Energy collaborate and thrive.
                                                      Technology Laboratory (NETL) —
                                                      home to the federal government’s fossil My work as chairman of the Governor’s
                                                      energy research programs — Research Energy Task Force, and as a team mem-
                                                      Ridge houses 12 science and technology ber with the researchers at NETL and
                                                      companies, including global leaders Research Ridge, has proven to me that
                                                      CTC, EG&G and SAIC. As many of West Virginia can remain a leader in its
                                                      these companies are Department of En- traditional strengths, such as the supply
                                                      ergy contractors, the close proximity to and delivery of energy, but can also out-
                                                      the laboratory, plus the collegial atmo- distance its competitors in new arenas,
                                                      sphere at Research Ridge, has helped to such as the research, development and
                                                      spur collaborative research, development commercialization of new energy tech-
                                                      and commercialization of energy and nologies. The deciding factor will be the
                                                      environmental technologies. With the


              26              December 2002 Views & Visions
                                                                               Bowles Rice McDavid Graff & Love      PLLC



support that our entrepreneurs and re-      Our experiences with Research Ridge and
searchers receive from our communities.     with the energy and environmental re-
                                            search community have proven to us that
We believe that Research Ridge has been     North Central West Virginia has the tal-
able to provide such support for the sci-   ent, the tools and the commitment that
ence and technology leaders in the          can spur economic growth. Our region
Morgantown area. In fact, because of        is well on its way to turning dreams into
the success of these businesses and the     reality. That reality starts with commu-
continued growth of regional research,      nity. It is what makes, and has always
we have announced plans to expand Re-       made, West Virginia strong.
search Ridge. Over the next three years,
Research Ridge will double in size, pro-
viding further opportunities for business
collaboration and job growth.




              Bowles Rice is Proud to be an
               Active Part of North Central
            West Virginia’s Growth and Success!

        Bowles Rice is proud to be a part of the growth and bright future
        that is North Central West Virginia. We have had offices in North
        Central since 1990, and several of our lawyers have practiced in the
        region for much longer than that.


        Bowles Rice represents many clients in this region, including
        individuals, businesses, health care providers, developers, public
        entities and new economy businesses participating actively in the
        high-tech and biotech arenas. Additionally, members of our firm
        teach at the WVU School of Law as Adjunct Professors and serve
        on WVU’s Board of Advisors, and we also actively participate in
        and contribute to the many dynamic communities in North Central
        West Virginia.


        At Bowles Rice, we are proud to be a part of North Central and to
        contribute to the success of our clients and the entire region.




                                                                                Views & Visions December 2002   27
Bowles Rice McDavid Graff & Love                         PLLC




                                                      Mylan Park:
                                                      A North Central West Virginia Treasure
                                                      Mark Nesselroad, CEO
                                                      Glenmark Holding LLC




                                                      W
                                                                  hen the first pitch of Anker    November. A site has been selected for
                                                                  Fields Spring 2000 was          a new elementary school and commu-
                                                                  lobbed over the donated         nity-based educational activities center.
                                                      30.5 acres of Anker Energy’s reclaimed      Sports fields and facilities have been de-
                                                      surface mine, it was the beginning of far   signed to benefit school programs as well
         Mark Nesselroad is CEO of                    more than a baseball game. What started     as the community at large. Each of these
        Glenmark Holding, LLC, a                      as a plan among friends to provide base-    relationships is uniquely crafted to pro-
 commercial real estate development                   ball and softball practice facilities for   vide maximum benefit to all participants.
and investment company. He serves                     local high school students has become
      as President of the Monogalia                   one of the most exciting and multi-fac-     Recreational needs are being fulfilled with
   Vounty Schools Foundation, Inc.                    eted developments in all of North Cen-      Anker Baseball and Softball Complex
  and Vice-President of the Campus                    tral West Virginia.                         plus a new seven field complex for soc-
     Neighborhoods Revitalization                                                                 cer, football, and lacrosse due for comple-
                         Committee.                                                               tion in Spring 2003. The West Virginia
                                                      The park has since exploded into 15         Miracle Sports Complex, a uniquely de-
                                                      projects under construction or on the       signed field for children and adults with
                                                      drawing board and 320+ beautiful acres      physical and mental disabilities is under
                                                      of prime property slated for future de-     construction and will be the second one
                                                      velopment. In addition to enhancing the     of its kind in the United States.
                                                      educational, cultural, and recreational
                                                      resources of local communities, these       A recently completed cross-country
                                                      projects are sure to bring a tremendous     course is utilized by area high schools and
                                                      economic boost to the area and State        middle schools as well as WVU. A
North Central West Virginia




                                                      economy.                                    mountain bike course is the next to be
                                                                                                  designed. A Horse Park is also in the
                                                      Spearheading the effort is the              master plan and will provide space for
                                                      Monongalia County Schools Founda-           equine competitions as well as a multi-
                                                      tion, Inc. (MCSF) is a non-profit,          tude of multipurpose community
                                                      501(C) 3 legal organization formed in       events.
                                                      1999 to support the sports facility needs
                                                      of the area high school programs. MCSF  A site has been identified for construc-
                                                      now does business as “Mylan Park” with  tion of a new SteppingStones facility.
                                                      a much broader mission and more di-     Long respected as a premier organization
                                                      versified focus.                        serving the recreational needs of the
                                                                                              physically and mentally challenged,
                                                      Education remains a main focal point SteppingStones will ensure tat Miracle
                                                      of the Foundation and its mission. The Complex and other park facilities are
                                                      county school’s Alternative Learning enjoyed for years to come.
                                                      Center (ALC) is now housed in Mylan
                                                      Park, and the new transportation center A large natural bowl created in the min-
                                                      for school busses will opened there in ing reclamation process is slated for de-


              28              December 2002 Views & Visions
                                                                                  Bowles Rice McDavid Graff & Love                                         PLLC




       The Mountaineer Balloon Festival at Mylan Park
                                                              The Mountaineer Balloon Festival, which now takes
                                                              place at Mylan Park, became a reality in 1984. Since
                                                              then the festival has grown from 24 balloons/sponsors
                                                              to 50 balloons (total capacity), 45 sponsors, 5 race
                                                              sponsors, and a “Nite Glow.”


                                                              Balloonists come from eight states: Ohio, Maryland,
                                                              Virginia, North Carolina, Michigan, Connecticut,
                                                              and West Virginia. The Festival receives national
                                                              attention and draws crowds of nearly 30,000 people.
                                                              The area’s most unique and colorful event, which
                                                              includes carnival rides, arts and crafts, souvenir and
                                                              concessions and a petting zoo, is now in its 19th year.




                                                                                                                        Phototography by Jan Berkow




velopment as a five thousand-seat am-       This volunteer energy coupled with the
phitheater. The park is now a prime site    financial backing of individuals, busi-
for area events such as the Mountaineer     nesses, foundations, and public entities,
Balloon Festival, the East Coast Univer-    is making Mylan Park a growing success
sity Mini Baja competition as well as dog   and source of West Virginia pride.
shows, picnics, and much, much more.

The success of this effort has been due
to the wide cross-section of respected
business and civic leaders who continue
to be giving of their time and expertise.

                                                                                     Views & Visions December 2002                                    29
Bowles Rice McDavid Graff & Love                         PLLC




                                                      West Virginia:
                                                      Many Regions — One State
                                                      Scott Rotruck, President & CEO
                                                      Morgantown Area Chamber of Commerce




                                                      L
                                                                                              North Central West Virginia has many
                                                              et me say up front that I love this
                                                                                              community and economic development
                                                              state, absolutely all of it. I hold
                                                              more optimism than ever for our initiatives, such as Morgantown’s Vision
                                                                                              2020 Program and the I-79 Strategic
                                                      future. With that set forth, I will share
                                                      some thoughts about The Mountain        Planning Group, both of which have a
                                                      State, especially some exciting develop-strong record of coordinating talent and
  Before being elected President and                  ments in North Central West Virginia.   other resources, with excellent coopera-
     CEO of the Morgantown Area                                                               tion among the public, private, academic,
       Chamber of Commerce, Scott                     But first, how do we get our arms labor and business sectors. This collabo-
  Rotruck served as Chairman of the                   around the whole state, where like an ration yields the strength of five-axis
Chamber and spent fifteen years in                    extended family, we have a great diver- woven Kevlar, creating an inviting cli-
 the energy sector. He also served for                sity of needs, talent and resources?    mate for high-technology growth.
           two years as the economic
    development director and senior                   First, we should seek to understand the             Access to a Skilled and Educated Work
    adviser to President Hardesty at                  unique resources and challenges of the              force: North Central West Virginia is
     West Virginia University. Mr.                    many distinct areas of our state. Then,             blessed with abundant educational re-
      Rotruck was appointed to the                    we must meet the challenges and lever-              sources, including a U.S. Top 100 School
    Governor’s Energy Task Force in                   age our assets through the state’s com-             System in Monongalia County, as well
  2001, and serves on the executive
                                                      munity and economic development                     as West Virginia University’s increasing
   committee for theWV Council for
                                                      strategy called West Virginia: A Vision             enrollment and Fairmont State College’s
                                                      Shared. We are one state, so we must                unique educational programs for the bur-
         Community and Economic
                                                      engage in an ascending order of part-               geoning aerospace industry near
  Development. He is Chairman of
                                                      nerships at the local, regional and state           Benedum Airport. Additionally, the
North Central West Virginia




                    the West Virginia
                                                      levels, which in a state of limited finan-          PROMISE Scholarship continues to en-
               Jobs Investment Trust.
                                                      cial resources, but unlimited economic              courage academic achievement, increas-
                                                      potential, ultimately help create and sup-          ing enrollment in our colleges and uni-
                                                      port A Vision Shared.




                                                       Among the many improvements taking place in North Central West Virginia is the development on
                                                       Morgantown’s Wharf District along the Monongalia River. The $186 million waterfront project includes
                                                       the Caperton Trail, the 18-floor Radisson Waterfront Hotel and Conference Center, the Hazel Ruby
                                                       McQuain Park and the WVU Visitors Resource Center.
              30              December 2002 Views & Visions
                                                                                Bowles Rice McDavid Graff & Love                 PLLC


versities and, perhaps most importantly,      help fund its growth. Otherwise, many
ensuring that West Virginia’s “best and       promising opportunities may gravitate
brightest” will contribute to a better and    to out-of-state funding sources. In the
brighter future for us all.                   last few years, West Virginia has devel-
                                              oped significant, new capital resources
Proximity to World-Class Research             which should prove very valuable to the
Institutions: As economic dominance           North Central region. These include the
by knowledge-based goods and services         $30 million New Mil-
continues to accelerate, West Virginia is     lennium Fund at the
developing a strong presence in such in-      West Virginia Jobs In-
dustries. WVU has been designated a           vestment Trust, the ad-
Doctoral Research University Extensive        dition of several new
institution by the Carnegie Foundation        capital programs under
for the Advancement of Education, plac-       the West Virginia Eco-
ing the University in the top tier of edu-    nomic Development
cational research institutions in the coun-   Authority and the par-                            Economic growth and
try. This intellectual capacity is being      ticipation of several new                         opportunity in West
focused on solving real problems, with        private sector capital                            Virginia are fueled by
the broadest research potential being le-     companies.                                        a skilled and educated
veraged when teamed with other region-                                                          workforce, substantial
ally located entities, such as the National   A Great Place to Live,                            research, quality of life
Energy Technology Laboratory, National        Learn, Work and Play:
                                                                                                and new, capital in-
Institute of Occupational Safety &            North Central West
                                                                                                vestment dollars.
Health, Institute for Scientific Research,    Virginia is a great place
the West Virginia High Technology Con-        to live, learn, work and
sortium and the FBI Criminal Justice          play. Thanks to the
Identification System, to name a few.         leadership of Congress-
                                              man Alan Mollohan
An Attractive Quality of Life: Quality        and the work of the
of life can mean many different things        West Virginia High
to many different people. Fortunately,        Technology Consor-
West Virginia offers a wide variety of set-   tium in expanding
tings and experiences to accommodate a        technology along the I-
diverse range of tastes. Appreciation of      79 Corridor, many ex-
this high quality of life by the world out-   citing opportunities
side West Virginia was evident when           have been created and
Bizjournals.com selected Morgantown as        many more are soon to follow.
the #1 Small City in America. The eco-
nomic development significance of the      A skilled and educated work force, sub-
quality of life is captured in the creed ofstantial research, a superb quality of life,
a very successful venture capital company  and new, capital investment dollars —
called Village Ventures, where they say,   all organized and leveraged through an
“find smart people in bucolic settings and ascending order of coordinated develop-
add money.”                                ment initiatives — has indeed made the
                                           region a very fine candidate for growth
Access to Capital: It is critical for West and economic opportunity.
Virginia to have indigenous capital to


                                                                                  Views & Visions December 2002             31
Bowles Rice McDavid Graff & Love                         PLLC




                                                      New Research Partnerships
                                                      Power Regional Economy
                                                      Robert D. D’Alessandri, M.D., Dean
                                                      West Virginia University School of Medicine




                                                      T
                                                                en or fifteen years ago, the role    But it’s a step that has to be taken to
                                                                of an academic health center         move West Virginia University and the
                                                                seemed set in concrete. Train        health research effort here to a higher
                                                      doctors, nurses, dentists, other health        level. The pace of progress in health care
                                                      professionals, run a big hospital, do some     has quickened to the point where the path
   Robert M. D’Alessandri, M.D., is
                                                      good research. For half a century, this        from the laboratory bench, to the research
                                                      pattern served us well — providing the         trial, to the marketable product must
   Vice-President for Health Sciences
                                                      trained people to deliver health care in       often be taken in months rather than de-
and Dean of the School of Medicine
                                                      our communities, serving as the hospi-         cades — and those who do not adapt to
     at West Virginia University. A
                                                      tal of last resort for the very sick and the   this new pace will always be two steps
  specialist in infectious diseases and
                                                      very injured, and launching the ideas and      behind.
   general medicine, he is a fellow of
                                                      concepts that others put to use in devel-
 the American College of Physicians
                                                      oping new drugs and treatments.             By establishing the Blanchette
   and a diplomate of the American                                                                Rockefeller Neurosciences Institute at
        Board of Internal Medicine.                   We’re still doing all those things. Their WVU — in cooperation with Johns
      Dr. D’Alessandri has long been                  value is undiminished. But there’s a Hopkins University — Senator Jay
         active in health policy issues               whole new side to what we do at the Rockefeller gave us a sturdy push in this
 nationally and in the State of West                  WVU Robert C. Byrd Health Sciences direction. The Rockefeller Institute,
      Virginia, working closely with                  Center that is changing the face of north- from the day of its creation, was a hy-
 elected officials and policymakers to                ern West Virginia.                          brid of philanthropy, science and busi-
 improve access to health care in our                                                             ness. Today, it’s making headlines by de-
          state and across the nation.                We’re entrepreneurs. We’re bringing to- veloping a simple test for Alzheimer’s dis-
                                                      gether investors, foundations, brilliant ease — one that was subject to the rigor-
North Central West Virginia




                                                      scientists on and off campus, and public ous scientific tests required by academia,
                                                      and private enterprise to create new eco- but will be developed by the indepen-
                                                      nomic and scientific entities that not only dent corporation that was set up to bring
                                                      develop ideas, but also bring them to the the Institute’s work into the marketplace.
                                                      marketplace — creating jobs and ad-
                                                      vancing health care at the same time.       Variations on this model will power the
                                                                                                  next evolution of the economy of North
                                                      It’s not an easy transition for some. The Central West Virginia. Our Mary Babb
                                                      clear lines that once divided the campus Randolph Cancer Center researchers are
                                                      from the marketplace are now blurring. among the leaders in a new field of sci-
                                                      Institutions that once saw themselves as ence — proteomics — which promises
                                                      rivals may become partners. People who to give doctors the power to tailor can-
                                                      are allied with the University also have cer drugs to match the protein structure
                                                      responsibilities to others — stockhold- of the cells in an individual patient. We’re
                                                      ers, other campuses and independent working with a start-up firm — financed
                                                      foundations — that may lead to con- by seasoned veterans in the biotech in-
                                                      flict or disagreement.                      dustry — that will take the proteomics
                                                                                                  technology developed at WVU and put


              32              December 2002 Views & Visions
                                                                             Bowles Rice McDavid Graff & Love               PLLC



it into the hands of researchers across the The designations brought with them
world.                                      some $20 million in long-term research
                                            funding.
On campus, we have to build the facili-
ties and faculty that will continue to The state of West Virginia has also, of
power this research-based growth. We late, recognized the importance of re-
have an ambitious plan for more than search in building a 21st century
$250 million in campus improvements economy, and has begun to include re-
over the next 10 years. We’re building a search funding in the state budget.
new library, a home for the Blanchette
Rockefeller Neurosciences Institute, a Research at WVU is by no means lim-
larger cancer center and more and better ited to health care. The efforts of our
research labs.                              engineering, biometrics, agriculture and
                                            other researchers are also starting to
Our efforts — and our successes — are flower in new directions. The synergy
attracting more and more external re- of these efforts is creating a community
search funding to WVU.                      of scientists on and off campus who sup-
                                            port and encourage each other, contrib-
The Howard Hughes Medical Institute ute to the intellectual and cultural de-
has helped us build a new transgenic re- velopment of the region, and create de-
search facility and funded new research mand for high-quality housing, food,
faculty positions. The National Insti- consumer goods, entertainment and
tutes of Health designated two Centers other needs that ripples across the
of Biomedical Research Excellence at economy.
WVU — one in our cancer center, the
other, in sensory neuroscience, in col- It’s an exciting time to be at WVU.
laboration with Marshall University.


                                                                                        The WVU School of
                                                                                        Medicine educates health
                                                                                        professionals, provides
                                                                                        thousands of people with
                                                                                        medical care, and
                                                                                        conducts lifesaving
                                                                                        research. WVU medical
                                                                                        faculty and students are
                                                                                        at the leading edge of
                                                                                        scientific studies of the
                                                                                        biological process of life —
                                                                                        and at the forefront of
                                                                                        efforts to bring health
                                                                                        advances to residents of
                                                                                        West Virginia’s cities and
                                                                                        rural areas.




                                                                               Views & Visions December 2002           33
Bowles Rice McDavid Graff & Love                         PLLC




                                                      West Virginia University’s
                                                      College of Creative Arts: On A Mission
                                                      Bernie Schultz, Dean
                                                      West Virginia University College of Creative Arts

                                                                   “The mission of the faculty and staff of the College of Creative Arts
                                                                   is to advance the visual and performing arts. We advocate life-
                                                                   long appreciation, understanding, and involvement in the arts as a
                                                                   medium in which the diversity of human experience is expressed,
                                                                   examined, and valued.
     Bernie Schultz is Dean of West
    Virginia University’s College of                               We accomplish our mission by being a student-centered college,
 Creative Arts and Professor of Art                                educating succeeding generations of artists, teachers, and schol-
History. He was Chairperson of the                                 ars through excellence and innovation in performance, exhibition,
       Division of Art from 1989 to                                scholarship, and the dissemination of creative research. We pro-
    1994, and served as the Associate                              vide exceptional opportunities for critical engagement in the arts
    Dean for Academic Affairs in the                               to the citizens of West Virginia and beyond.”
  College of Creative Arts from 1994
          to 2000. Schultz has been



                                                      T
        recognized as a distinguished                         he faculty, staff, and students of Our graduates are distinguishing them-
   teacher and has received grants for                        West Virginia University’s Col-    selves in their fields. Chris Sperandio,
    curriculum development. He is a                           lege of Creative Arts (CCA)are     an Art alumnus, exhibited his work in
   frequent speaker on topics relating                on a mission — a mission which was re-     the Museum of Modern Art in New York
            to his research and to arts               defined and affirmed earlier this year.    City in May; Missy Hairston, beginning
                      administration.                                                            her career as a comedic performer, from
                                                      The arts are a profound form of human the Division of Theatre and Dance, re-
                                                      communication. Guided by this under- cently won the competition for “Funni-
North Central West Virginia




                                                      standing, we are driven by a passion to est Person in Queens” and was runner-
                                                      advance the arts and their meaning in up for “Funniest Person in New York”;
                                                      people’s lives and, through the education and James Valenti, a Music graduate, was
                                                      of our students, to lead in creating the one of four winners of the Metropolitan
                                                      future of the arts.                        Opera National Council Grand Finals in
                                                                                                 April.
                                                      But while our mission is direct, its actu-
                                                      alization is complex and multi-layered. But while the College of Creative Arts
                                                      Our faculty are nationally and interna- and the Creative Arts Center bring inter-
                                                      tionally prominent. This past year alone, national recognition to our state, we re-
                                                      they exhibited, performed, or gave pre- main mindful of our special responsibil-
                                                      sentations all across the U.S. and in more ity to the citizens of West Virginia. Each
                                                      than a dozen countries. Many faculty year, the College sponsors hundreds of
                                                      occupy key positions on state and na- activities throughout our State, from
                                                      tional committees and professional or- scholarly lectures on the arts to perfor-
                                                      ganizations, advancing education in the mances of “The Pride,” our beloved
                                                      arts.                                      marching band. These activities reach
                                                                                                 thousands of West Virginians.


              34              December 2002 Views & Visions
                                                                             Bowles Rice McDavid Graff & Love                  PLLC




                                                                                  The WVU College of Creative Arts is
                                                                                  comprised of the Divisions of Art,
                                                                                  Music, and Theatre and Dance, three
                                                                                  professionally accredited and
                                                                                  nationally recognized programs in the
                                                                                  Arts. The College of Creative Arts
                                                                                  educates future artists, teachers and
                                                                                  scholars through excellence and
                                                                                  innovation in performance,
                                                                                  exhibition, instruction and creative
                                                                                  research.




As part of this ongoing effort, CCA has     Regional data report
forged partnerships with a number of        that for every $1
regionally-based professional arts orga-    spent on the arts, $7
nizations. A partnership with the Pitts-    - $9 are generated in
burgh Symphony Orchestra, announced         the local economy, in
in March, will open opportunities for       restaurants, hotels,
our music students. We have recently        shops, etc. We cur-
entered a more comprehensive partner-       rently are engaged
ship with Oglebay Institute in Wheel-       with another partner,
ing, one of the most respected institu-     Arts Monongahela,
tions in our nation. We are pursuing ad-    in assessing the eco-
ditional partnerships throughout West       nomic impact of the
Virginia and we are thrilled that the       arts in the Mor-
WVU Symphony Orchestra will per-            gantown area.
form as part of the opening celebrations
of Charleston’s Clay Center in February     The arts have been
2003.                                       part of the fabric of
                                            education at West
While the arts greatly contribute to the    Virginia University
quality of life for West Virginians, they   for over 100 years. As we enter our sec-
are also value-added professions. A 1999    ond century of enhancing the educational
survey funded by the National Endow-        experience at WVU, our mission is de-
ment for the Arts confirmed the signifi-    fined, our vision is before us and the
cance of the CCA and the Creative Arts      promise is bright.
Center to the community and the region
with a 95% overall approval rating from
respondents. Local, regional and national
studies have conclusively proven that the
arts generate economic development.

                                                                               Views & Visions December 2002              35
Bowles Rice McDavid Graff & Love                         PLLC




                                                      The Stars are Shining Bright on
                                                      North Central West Virginia
                                                      The Honorable Michael Oliverio
                                                      West Virginia State Senate




                                                      N
                                                                ever before has there been so       morial Hospital in Morgantown is pre-
                                                                much interest and so much           paring for a nearly $100 million expan-
                                                                investment in North Central         sion to make available new clinical ser-
                                                      West Virginia. With success stories in        vices and facilities for patients. In
                                                      several economic areas, the region is         Clarksburg, The United Hospital Cen-
 Michael A. Oliverio II was born in                   poised to become even stronger in the         ter is preparing to build an entirely new
      Fairmont, West Virginia, and                    years to come.                                facility near I-79. In addition, Fairmont
      earned his Master’s in Business
                                                                                                    is pursuing an opportunity with a for-
                                                      As for education, the region is home to profit hospital chain, in which a $100
 Administration from West Virginia
                                                      the state’s largest university, West Vir- million facility may be built near the
   University. He was elected to the
                                                      ginia University, and its largest college, South Fairmont exit.
West Virginia House of Delegates in
                                                      Fairmont State College. Both are at or
  1992, and then ran successful bids
                                                      near their highest enrollment ever, and Health care facilities not only provide ser-
to the West Virginia State Senate in
                                                      are actively pursuing new growth strate- vices to citizens throughout our state and
  1994, 1998 and 2002. Senator
                                                      gies. Hundreds of millions of dollars beyond, they also create tremendous eco-
        Oliverio is a Captain in the                  are being poured into facility needs at nomic opportunities. Ruby Memorial
        United States Army Reserves.                  the university and the college to accom- alone hired over 750 new employees this
                                                      modate the growing enrollment and the year and will continue to grow with the
                                                      variety of programs and services being facility improvements coming soon.
                                                      offered. One shining example stands in
                                                      Morgantown, where the new Student Efforts have been made to develop spe-
                                                      Recreation Center is now available to cializations in the areas of cancer research
                                                      thousands of WVU students. The $34 and neuroscience research. Both fields
North Central West Virginia




                                                      million complex provides multi-faceted have generated millions of new research
                                                      recreational opportunities and serves as dollars for our community. Beyond
                                                      a recruiting tool for faculty, staff and stu- that, they present unique opportunities
                                                      dents. An expansion of the library at
                                                      WVU, more class-
                                                      rooms and residence
                                                      halls at Fairmont State,
                                                      and an expanded aero-
                                                      space training facility in
                                                      Bridgeport await new
                                                      students.

                                                      When you talk about
                                                      health care, no region
                                                      in the state can com-
                                                      pare to the offerings of
                                                      North Central West
                                                      Virginia. Ruby Me-
                                                                                                     WVU’s $34 million Student Recreation Center


              36              December 2002 Views & Visions
                                                                                  Bowles Rice McDavid Graff & Love          PLLC



to discover cures to the diseases of the gantown, there were few festivals to at-
body and mind.                              tend throughout North Central West
                                            Virginia. Beyond the Buckwheat Festi-
We still mine coal in North Central West val, there seemed to be few opportuni-
Virginia! Last year alone, Monongalia ties and activities during the weekend.
County mined more coal than even Lo- However, over the last twenty years a va-
gan County. The mining industry’s pres- riety of festivals have emerged. One of
ence in North Central West Virginia cre- my seasonal favorites is Morgantown’s
ates jobs that provide good wages and Balloon Festival, where hot air balloons
competitive benefits. The many spin- form a spectrum of color across a bright
offs associated with the mining industry blue fall sky.
strengthen the region as a whole.
                                            Yet one of the big-
When it comes to manufacturing, no gest investments in
better example exists than that of Mylan North Central West
Pharmaceuticals. Last year, Mylan filled Virginia is the devel-
more prescriptions than any drug com- opment along the
pany in America. With over 1200 em- Monongahela River
ployees in Morgantown, Mylan is one in Morgantown.
of the state’s largest employers and is re- The WVU Found-
sponsible for a significant portion of the ation’s seven-story
state’s payroll taxes.                      administration
                                            building and Visitors Through a combination of cutting-edge technology and tradi-
New to the region are the aerospace and Resource Center and tional West Virginia hospitality, the WVU Visitors Resource
technology industries. The I-79 Tech- the Radisson Hotel’s Center, located along Morgantown’s Wharf District, features
nology Park has served as an incubator eighteen-story build- two round table-like devices that, when tilted, move computer-
for many small high-tech companies. ing tower over the ized maps of Morgantown on the circular surfaces and identify
The newest addition coming is the In- many developments city highlights. A screen that slides along the room’s wall shows
stitute for Science Research. In short or- in the Wharf Dis- videos promoting different aspects of WVU.
der, they will employ three to four hun- trict. An amphithe-
dred people. In addition to the private ater, made possible
sector successes, the federal investment by the generous contributions of Hazel
of the FBI and NASA facilities employ Ruby McQuain, has already been home
thousands.                                  to the Wheeling Symphony. Among the
                                            many developments along the river, my
Over the last decade, thousands of jobs favorite, though, remains Oliverio’s res-
have been created in these two industries, taurant.
yet the future promises to bring thou-
sands more employment opportunities. I doubt that few places in the country
Fairmont State College’s aerospace train- with a population base of about 250,000
ing program has enabled West Virgin- can boast the amenities, services and re-
ians to receive their training close to sources that North Central West Virginia
home and then work in the industry has to offer. While the stars have always
within the region.                          shone over North Central West Virginia,
                                            they now appear to be glowing even
Even our tourist activities seem to have brighter.
exploded over the last two decades.
When I was a child growing up in Mor-

                                                                                    Views & Visions December 2002      37
Bowles Rice McDavid Graff & Love                         PLLC




                                                      The Square at Falling Run: Where
                                                      Corporate America and Academia Meet
                                                      Mac Warner, Developer
                                                      The Square at Falling Run




                                                      D
                                                                avid Hardesty recognizes it. So     tion from a recognized world leader in
                                                                does Dan Angel. That is why         their particular field? The answer is found
                                                                the President of WVU is cre-        in the second pillar of the university ex-
                                                      ating a research park and doing every-        perience: socialization. Unlike learn-
                                                      thing in his power to set the proper so-      ing, socialization cannot take place vir-
                                                      cial atmosphere at the state’s flagship in-   tually, impersonally or via the Internet.
       Mac Warner is married to the                   stitution. That’s why the President of        With socialization, we immerse our
  former Debbie Law of Charleston,                    Marshall University argues the need for       youth in the array of human experiences
and they have four children, Steven                   West Virginia to embrace and further our      outside the family and outside the geo-
   (16), Krista (15), Lisa (12) and                   lead in biometric research and develop-       graphic community where they were
    Scott (9). Mac is a co-managing                   ment. Both leaders recognize the answer       raised. This is what a university campus
   partner in The Square at Falling                   to West Virginia’s economic future is cre-    has always offered and will always offer.
 Run, LLC. Mr. Warner received his                    ating the proper nexus between Corpo-         Nothing can supplant it. Children will
    law degree from WVU College of                    rate America and Academia — for when          always have the need to leave the nests,
       Law, and earned an LLM in                      business, academia and young energetic        socialize, interact and learn to make de-
        International Law from the                    minds intermingle in close proximity, an      cisions for themselves. The universities
     University of Virginia, and an                   economic and entrepreneurial explosion        that can effect positive socialization will
    LLM in Military Law from The
                                                      merely awaits a few well-placed sparks.       survive; those that don’t will perish, vic-
 Army JAG School. Mr. Warner is a
                                                                                                    tims of the information revolution.
                                                      Why the Catalyst Around Universities?
 graduate of West Point, and served
                                                      “The most fertile ground for growth is our The best universities have known it for
  in the United States Army for 23
                                                      universities.”                                years, and the gap between good institu-
         years, retiring in 2000 as a
                                                      — Dan Angel, President of Marshall University tions of higher learning and the medio-
North Central West Virginia




                             Colonel.
                                                                                                    cre will widen in the future over social-
                                                      Historically, we send children to post- ization. Consider for a moment:
                                                      secondary educational institutions for Harvard Square in Cambridge, MIT’s
                                                      two reasons: learning and socialization. Kendall Square, Yale’s Chapel Square in
                                                      Together, these twin pillars form “the New Haven, Princeton’s Palmer Square,
                                                      university experience.” Today, however, and The Lawn at the University of Vir-
                                                      the brick and mortar buildings that are ginia. At the same time, consider uni-
                                                      our traditional houses of learning are versities with a business or research and
                                                      being challenged by a technological tidal development component in close prox-
                                                      wave. Any number of high-tech video, imity: Penn’s Sansom Commons in Phila-
                                                      TV, computer or other communication delphia; the Research Triangle between
                                                      devices can transmit the raw data of Duke, UNC, and NC State; Easton
                                                      learning to anywhere in the world.            Town Center near Ohio State; NC State’s
                                                                                                    Centennial Park; and the list continues.
                                                      So, why would students pay to attend a Top-tier universities invest in creation of
                                                      college when, at a fraction of the price, “town squares” that provide open space
                                                      they could sign on to a virtual interac- for retail, commerce, students and pro-
                                                      tive classroom and get the best informa- fessors to aggregate.


              38              December 2002 Views & Visions
                                                                                             Bowles Rice McDavid Graff & Love       PLLC




Morgantown has a chance right now to emony with Churchill’s quote. As the
change its image like never before. It horse that pulls the whole cart, businesses
was recently recognized as the number provide the tax base that allows govern-
one small town in America. Our Con- ments to build civic buildings and in-
gressional delegation is as strong as any frastructure, businesses compensate em-
in this nation, and they ensure WVU is ployee salaries so they can provide for
a top recipient for R&D grants. Already their families, and businesses respond to
well known for our health care facilities, demands with new innovations and mar-
WVU will soon join the list of universi- ket-driven supplies. Everyone prospers
ties with a research park. This addition, when business flourishes.
along with being one of
our country’s land grant
institutions, will con-
tinue to distinguish
WVU as a leader in
higher       education.
WVU has also just com-
pleted a Recreational
Center that is second to
none, and our Rails to
Trails project is magnifi-
cent. But the thing that
has plagued Mor-
gantown for decades is
its poor image in hous-
ing. It is time for
Morgantown and WVU
                                The Square at Falling Run is a 40-acre, $244 million development adjacent to the downtown
to provide our citizens
                                campus of West Virginia University.
and our students a
world-class focal point
for socialization. It is time to build The
Square at Falling Run.                            Now, for the connection between
                                                  Business and Academia.
Business and Economics.                           “No one does more good, for more people,
“Some regard private enterprise as if it in more ways, and in more places around
were a predatory tiger to be shot. Others the State of West Virginia, than does West
look upon it as a cow that they can milk. Virginia University.”
Only a handful see it for what it really is: — Verl Purdy, President of AGDATA Inc.
the strong horse that pulls the whole cart.”
— Winston Churchill                               Dan Angel argues, “University research-
                                                  ers are there to design and develop inno-
Recently the WVU College of Business vations, students are there to learn and
and Economics inducted into its Hall of test ideas, and expensive, high-tech
Fame Richard Adams, Ogden Nutting, equipment is there, which would be
Verl Purdy, Bray Cary and Charles Ryan. impossible for entrepreneurs to purchase
B&E Dean Jay Coats opened the cer- on their own . . . The most fertile ground


                                                                                               Views & Visions December 2002   39
Bowles Rice McDavid Graff & Love                          PLLC


                                                      (Warner . . . continued from p. 39)
                                                      for growth is our universities!” Simply      tune 500 companies, national retailers,
                                                      stated, the connection is obvious be-        executive education facilities, mixed
                                                      tween the mission of all institutions of     with local retailers. Envision thousands
                                                      higher learning to educate, and the end      of undergraduate students, hundreds of
                                                      result of putting that education to work     graduate students and numerous hon-
                                                      via quality jobs to enhance the commu-       ors and international students — all liv-
                                                      nity at large.                               ing above the storefronts, but yet liter-
                                                                                                   ally across the street from where 80 per-
                                                      The demographic and economic trend           cent of their classes are located. Inter-
                                                      lines cannot be ignored – especially in      mixed and living within minutes of these
                                                      West Virginia. We have lost an average       same students, hundreds of faculty and
                                                      of 44 people per day for over 20 years.      staff, and other local residents live so
                                                      West Virginia remains at, or near, the       that they pass by these offices, shops and
                                                      bottom of far too many economic indi-        housing units on the way to University
                                                      cators. We must find a way to maintain       and downtown jobs. All of these people
                                                      a proper population base, attract busi-      can get out of bed, walk to coffee and
                                                      nesses and reverse those trend lines. The    bagel shops, and proceed to their offices
                                                      issues are interconnected, and the solu-     without starting their car! At lunch,
                                                      tions will be multidimensional. As a         they meet friends, students and business
                                                      land-grant institution, part of WVU’s        associates at outdoor cafes, while people-
                                                      student-oriented mission is to promote       watching around the town square. Af-
                                                      business and conduct research and de-        ter work, they can dine at any number
                                                      velopment.                                   of restaurants, catch a movie, and win-
                                                                                                   dow shop before turning in for the night.
                                                      So, why have I spent 2/3rds of an article    Their car becomes an option, not a ne-
                                                      about a mixed-use development talking        cessity, and the pedestrian presence en-
                                                      about universities and business? Because     hances the quality of life.
                                                      The Square at Falling Run is the place
North Central West Virginia




                                                      where this will best happen for the State     The specifications and layout of The
                                                      of West Virginia. The linchpin to the         Square at Falling Run are breathtaking.
                                                      entire economic situation for our Moun-       It is a 40-acre, $244 million develop-
                                                      tain State lies at the heart of improving     ment adjacent to the downtown cam-
                                                      the University experience – everyone ben-     pus. This public-private partnership will
                                                      efits when the institutions of higher         drastically enhance the renaissance of
                                                      learning are enhanced. WVU has been,          downtown Morgantown that is already
                                                      and must continue to be, at the heart of      under way. The grounds of The Square
                                                      solving this State’s economic problems.       will extend the green spaces of WVU
                                                                                                    while providing pedestrian thorough-
                                                      The Square at Falling Run.                    fares that create the student- and pedes-
                                                      “Start your day without starting your car!” trian-friendly aura long missing on our
                                                      — Advertisement for Birkdale Town Center near downtown campus. The Square at Fall-
                                                      Charlotte, NC                                 ing Run will provide two new gateways
                                                                                                    to WVU, one at the Sunnyside inter-
                                                      Imagine a state of the art retail/office/ section at Campus Drive, and one from
                                                      housing/entertainment complex housing the Mileground on Route 119. This
                                                      the best of Corporate America. Yes, For- development will propel WVU and


              40              December 2002 Views & Visions
                                                                                             Bowles Rice McDavid Graff & Love       PLLC




            Artist renderings of The Square at Falling Run, with views from the campus of West Virginia University.



Morgantown to the forefront of univer- trict along South University Avenue and
sity experiences for socialization.          turned that into a showcase now known
                                             as the Wharf. The city has made great
Conclusion                                   strides in rezoning and clearing the way
“This is a powerful tool that can help us for new development inside Mor-
invest in new jobs and revitalize commu- gantown, and the state has adopted a
nities across the state.”                    constitutional amendment, Amendment
— Governor Bob Wise, speaking on Amend- One, that will allow private enterprise
ment One                                     to finance large-scale projects such as The
                                             Square at Falling Run and the infrastruc-
President Hardesty has worked tirelessly ture required to make such projects a
to enhance the reputation of WVU. He success.
oversaw the constructive changes of the
once unruly “Pit,” he initiated the na- It is time to build this city, the state’s
tionally-acclaimed “Up all Night” pro- Flagship University and the people of
gram, he replaced the unwieldy Grant West Virginia a world-class mixed-use
Street block party with Fall and Spring development, focused on socialization,
Fests, and he and his wife Susan have where Corporate America and Academia
initiated a highly successful Parent’s Club. can meet.
Clearly, President Hardesty has a vision
for proper university socialization. It is time to build The Square at Falling
Meanwhile, the City of Morgantown has Run.
cleaned up the unsightly warehouse dis-

                                                                                               Views & Visions December 2002   41
Bowles Rice McDavid Graff & Love                         PLLC




                                                      Undertaking Development Projects in
                                                      the Public Arena
                                                      Kimberly S. Croyle, Esquire
                                                      Bowles Rice McDavid Graff & Love PLLC




                                                      H
                                                                 ave you ever been frustrated      body, you are asking your public offi-
                                                                 when trying to advance your       cials to violate the Sunshine Law.
                                                                 development project through
                                                      what seems to be an endless stream of        TIP: There are two ways to avoid the
                                                      government red tape? Who hasn’t! At          above situation. One way is to meet with
  Kim Croyle, a member of the firm,                   one time or another, it seems that all of    the entity’s official Secretary well in ad-
                                                      us have questioned why it takes so long      vance of the meeting and ask to have your
   practices out of the Morgantown
                                                      and why we must jump through so              subject placed on the agenda. For those
 office and represents public entities
                                                      many hoops to complete a simple per-         entities that hold regular meetings two
throughout the state on matters such
                                                      mitting process, zoning variance and the     or fewer times per month, that will mean
         as the Open Governmental
                                                      like. Contrary to popular belief, the gov-   the agenda must be published at least
     Proceedings Act, the Freedom of
                                                      ernment has not set up roadblocks sim-       three business days prior to the meeting.
Information Act and the Pecuniary                                                                  Second, if you do not get on the agenda
                                                      ply to watch you struggle. Instead, our
      Interest Statute. She currently                                                              in advance, following your presentation,
                                                      lack of understanding of the rules under
  serves on the Monongalia County                     which public officials must operate          ask if your subject can be placed on the
          Board of Zoning Appeals.                    clouds our view of what those officials      agenda for the next meeting. The gov-
                                                      are trying to accomplish. In this article,   ernment body may discuss the issue only
                                                      we will debunk some of the myths sur-        to the extent necessary to determine
                                                      rounding government action by exam-          whether official action may be needed,
                                                      ining the stringent requirements of the      and, if so, reschedule it for another meet-
                                                      Open Governmental Proceedings Act            ing.
                                                      (OGPA) and providing some tips for
                                                      working more effectively and efficiently     MYTH: It’s easier to get things done by
North Central West Virginia




                                                      within these parameters.                     inviting a few public officials to lunch
                                                                                                   and discuss my project there.
                                                      MYTH: I never seem to get an answer
                                                      when I appear at meetings and explain FACT: It may be easier, but it may also
                                                      what I want to do. They won’t even dis- incur criminal penalties for the public
                                                      cuss my project!                           official! Our courts and the Ethics Com-
                                                                                                 mission have found a violation of the Act
                                                      FACT: The Open Governmental Pro- when two or more public officials meet
                                                      ceedings Act, also known as the Sunshine prior to a regularly scheduled meeting and
                                                      Law, limits public officials from acting discuss or review matters with the intent
                                                      upon an issue that does not appear on of the discussion to lead to official ac-
                                                      the agenda. This includes a prohibition tion. Penalties for violations of the Sun-
                                                      against entering into discussions that may shine Law include criminal sanctions
                                                      lead to a future vote on the item. If you against public officials who willfully and
                                                      attend a meeting, make a presentation knowingly violate the article. Further,
                                                      during the delegations or public com- any vote that is eventually taken may be
                                                      ment portion of the meeting, and ex- voided. However, nothing prohibits
                                                      pect to get a vote of the government members of a governing body from hav-


              42              December 2002 Views & Visions
                                                                                  Bowles Rice McDavid Graff & Love       PLLC



ing general discussions without the in-      tee or any other agency or subunit of
tent to conduct public business or with-     the foregoing, authorized by law to ex-
out the intention for the discussion to      ercise some portion of executive or leg-
lead to an official action.                  islative power.” Thus, any committee
                                             of state, county or municipal govern-
TIP: Avoid even the appearance of im- ment must comply with all of the re-
propriety when meeting with govern- quirements set forth by the Act, includ-
ment officials. Again, instead of risking ing notice to the public of the meeting.
a violation, proceed through the proper
channels to voice your ideas. Although TIP: When in doubt, assume that the
it might seem to take a little longer, it is meeting is one which requires compli-
much easier than having to start again ance with the Sunshine Law.
from square one after a vote has been
voided.                                      As explained by the Legislature in its
                                             declaration of legislative policy behind
MYTH: The Sunshine Law is so restric- the Open Governmental Proceedings
tive, public officials cannot even view my Act:
site.
                                                “. . . public agencies in this state exist
FACT: Wrong! The Sunshine Law ex-               for the singular purpose of represent-
empts from its definition of a meeting          ing citizens of this state in governmen-
on-site inspections of projects or pro-         tal affairs, and it is, therefore, in the
grams. Care must be taken, however,             best interest of the people of this state
that conversations during on-site inspec-       for the proceedings of public agen-
tions do not lead to discussion of pro-         cies to be conducted openly, with only
spective official action.                       a few clearly defined exceptions. The
                                                Legislature hereby further finds and
TIP: Continue to invite public officials        declares that the citizens of this state
to view your site. Although a picture           do not yield their sovereignty to the
may say a thousand words, nothing can           governmental agencies that serve
replace an on-site inspection to show           them. The people in delegating au-
your audience what you have planned.            thority do not give their public ser-
                                                vants the right to decide what is good
MYTH: The Sunshine Law applies only             for them to know and what is not
to the governing body of the public             good for them to know. The people
agency and not to its committees, so            insist on remaining informed so that
there is no need to comply with the Act         they may maintain control over the
when I meet with the zoning commit-             instruments of government created by
tee or planning committee.                      them.”

FACT: Public agencies are defined by
the Act to include “any administrative
or legislative unit of state, county or mu-
nicipal government, including any de-
partment, division, bureau, office, com-
mission, authority, board, public corpo-
ration, section, committee, subcommit-


                                                                                    Views & Visions December 2002   43
Bowles Rice McDavid Graff & Love                          PLLC



                                                      North Central West Virginia: Leading the
                                                      Mountain State in the Information Age
                                                      Michael S. Garrison, Chief of Staff
                                                      Governor of West Virginia




                                                     I
                                                          have learned many things in the past    service technologies, our regional leaders
                                                          several months, thanks to countless     from this area are poised to take advan-
                                                          helpful West Virginians. Here un-       tage of the transformation.
                                                     der the gold dome of the Capitol, and
                                                     throughout our state, individual citizens    North Central West Virginia and the I-
Michael S. Garrison was appointed                    and interest groups as varied as the Busi-   79 Corridor are blessed with the neces-
   as Chief of Staff to Governor Bob                 ness Roundtable to the AFL-CIO, have         sary underpinnings and successful infra-
  Wise in 2001. He currently holds                   helped me to better understand the keys      structure to become a state and interna-
the distinction of being the youngest                to making West Virginia a success. Of        tional leader in several exciting new in-
 Chief of Staff in the Nation. Prior
                                                     the numerous lessons I have learned, one     dustrial sectors. The I-79 High Tech
 to this appointment, Mr. Garrison
                                                     of the most strongly voiced is the neces-    Corridor sustained its job growth in
                                                     sity of recognizing the individuality and    2001, and the region looks to post con-
      served as the Cabinet Secretary
                                                     unique nature of each particular region      tinued jobs, income and population gains
                 of the Department of
                                                     of the Mountain State.                       during the next several years. Any resi-
                     Tax and Revenue.
                                                                                                  dent who travels I-79 on a regular basis,
        A native of Marion County,
                                                     What works in Preston County may fail        or even for the occasional Mountaineer
       Mr. Garrison graduated with
                                                     in Pocahontas County. A creative idea,       game, cannot help but notice with pride
           honors from West Virginia
                                                     unable to get off the ground in the Ohio     the significant expansion in the counties
         University with a degree in                 Valley, may well be a success in the East-   of Monongalia, Marion, Harrison and
  Political Science and English, and                 ern Panhandle. As we work to foster          Lewis. And as Chief of Staff to Gover-
              earned his Doctorate of                growth and economic development, the         nor Bob Wise, I am pleased to work with
     Jurisprudence with honors from                  unique strengths of each part of West        a governor who shares my enthusiasm
           West Virginia University                  Virginia must be a factor in the decisions   and excitement for the good things that
North Central West Virginia




                        School of Law.               made by both government and the pri-         are happening in my native region of West
                                                     vate sector.                                 Virginia, as well as a commitment to
                                                                                                  strengthening an already growing area of
                                                     Growing up in North Central West Vir-        our state.
                                                     ginia was a wonderful experience.
                                                     Marion County, where I was raised, was       Thanks to significant work by Congress-
                                                     filled with great people who thrived in      man Alan Mollohan, as well as Senators
                                                     an industrial-based community that was       Byrd and Rockefeller, the location of the
                                                     heavily reliant upon coal-based jobs.        Federal Bureau of Investigation’s Crimi-
                                                     While the great people of North Central      nal Justice Information Services Division
                                                     West Virginia still remain, much of the      in Harrison County has sparked a tech-
                                                     industrial base has moved out of the re-     nology explosion in the region. The FBI
                                                     gion. And although coal is still vital to    Center contains the largest fingerprint da-
                                                     the area, the stage is set for growth in     tabase in the world and has recently ini-
                                                     other sectors. As the economic base of       tiated a new five-year $56 million tech-
                                                     North Central West Virginia shifts from      nology refreshment contract with
                                                     traditional mineral extraction and heavy     Lockheed Martin. Moreover, the facil-
                                                     industries to one focused on products and    ity is exploring possibilities in biomet-


              44              December 2002 Views & Visions
                                                                                 Bowles Rice McDavid Graff & Love       PLLC



rics, the science of identifying people us-   of the highest levels of edu-
ing their unique physical traits like fin-    cation. This strong work
gerprints, hand geometry and eyes. To         force and wealth of educa-
keep up with the most recent develop-         tional resources make the
ments in technology, the Center has de-       area very attractive to busi-
veloped partnerships with other North         nesses from around the
Central entities like the Biometrics Fu-      world.
sion Center in Bridgeport and West Vir-
ginia University in Morgantown.               This sort of economic de-
                                              velopment, based on re-
Building upon these core partnerships,        gional strengths and orga-
the West Virginia High Technology Con-        nized around similar indus-
sortium Foundation, located in Marion         tries, is a good blueprint for
County, supports the emergence of a           efforts in other parts of the
high technology business base by filling      state. Simply convincing a
the gap between the federal government        company to build a factory
market and local small businesses. The        or a warehouse on a plot of
WVHTC Foundation has created a                land is not enough. As gov-
world-class consortium of innovative or-      ernment officials and private citizens, we
ganizations that are focused on building      must all work to see that the best efforts
these relationships.                          are made to ensure the success of these
                                              ventures, and work to build upon what
Ethentica, by Security First Corporation,     has been shown to work in a particular
is one of the most exciting new compa-        region.
nies being attracted to North Central
West Virginia. The company’s biomet-    We have seen tremendous growth in the
rics center, to be developed in Fairmont,
                                        region. The reorganization of business
will provide government and industry    tax credits, especially the new Research
with the security tools needed to ensureand Development Credit, has helped
that America is as well-protected as tech-
                                        many companies start up in (or expand
nologically possible. Just as the FBI   to) the area. Governor Wise considers
Center has partnered with the WVU Fo-   “selling West Virginia” one of his most
rensics program, Security First will join
                                        important duties, and he has proven
with the new National Biometric Secu-   himself a very good salesman. He
rity Project, which will soon be estab- knows, however, as do I, that none of
lished in Morgantown through the ef-    these advances would be possible with-
forts of Senator Robert C. Byrd and     out the cooperation of the state’s educa-
Governor Wise.                          tional institutions, local governments,
                                        civic and professional organizations, and
Our Economic Development team is the business and labor community.
working every day to promote our state. Most important are the small entrepre-
The founder of Ethentica by Security neurs and businessmen and women that
First Corporation, CEO Mark O’Hare, put in long hours and their own for-
recently spoke of West Virginia “becom- tunes. They are growing not only their
ing the Silicon Valley of biometrics.” own companies, but also the future of
The region has some of the lowest un- the area and our state.
employment rates in the state and some


                                                                                   Views & Visions December 2002   45
Bowles Rice McDavid Graff & Love                          PLLC



                                                      Shooting for Excellence in Sports
                                                      and Education
                                                      John Beilein, Head Coach
                                                      West Virginia University Men’s Basketball

                                                      This is a very exciting time at West        on the highest level, both on the court and
                                                      Virginia University and for our men’s       in the classroom. They are coached by men
                                                      basketball program. Our future is un-       and women who have the desire and re-
                                                      limited as we continue to strive to         sponsibility to be educators at an institu-
                                                      be one of the very best universities and    tion committed to their total development.
                                                      athletics programs in the United
      John Beilein was named West                     States. I think that, as you read on,        The hub of most activity for our student-
   Virginia University’s 20th head                    you will see why I am excited and           athletes is the WVU Coliseum, long rec-
basketball coach in April 2002. A                     proud to be a coach at West Virginia        ognized as one of the finest athletic facili-
 1975 graduate of Wheeling Jesuit,                    University.                                 ties in the country. It has gotten even bet-
   Beilein had been serving as head                                                               ter with recent renovations, and more sig-
   coach at Richmond when he was                      First of all, I am                                                  nificant improve-
  asked to replace retired coach Gale                 so enthused to                                                      ments are planned
Catlett. He has crafted his trade at                  be at WVU and                                                       for the future.
   nearly every level — community                     coach in the pres-
    college, NAIA, Division II and                    tigious       BIG                                                  When playing in
Division I. Beilein, who has never
                                                      EAST confer-                                                       front of a packed
been an assistant coach at any level,
                                                      ence. The BIG                                                      arena, there’s a feel-
                                                      EAST is one of                                                     ing there that is hard
        ranks among the Top 30 in
                                                      the premier con-                                                   to describe. We will
   victories among Division I head
                                                      ferences         in                                                have many top 25
     coaches. The 2002-03 season
                                                      America, and we                                                    teams visit West Vir-
          marks his 25th season as a
                                                      welcome the op-                                                    ginia in the years to
North Central West Virginia




                      collegiate coach.
                                                      portunities and challenges that are         come and will look forward continuing ri-
                                                      now presented to us.                        valries with our conference opponents.

                                                      As for the coming season, I believe         As I look to the year ahead, the most im-
                                                      we have a chance to develop into a          portant goal is to graduate our student-ath-
                                                      very exciting team.                         letes. In my 19 years of coaching Division
                                                                                                  I and II basketball, every one of my seniors
                                                      Playing in the BIG EAST, along with         have earned their degrees. My vision is to
                                                      a rugged non-conference schedule,           continue this at WVU. The education they
                                                      gives us one of the toughest sched-         receive and the experiences that they have
                                                      ules in school history, but I’m confi-      will enrich their lives forever.
                                                      dent that we will improve through-
                                                      out the season.                             As you continue to follow Mountaineer
                                                                                                  basketball, I am certain you will get a sense
                                                      During my brief time at WVU, I have         of the traditions and qualities synonymous
                                                      found that the student-athletes here        with our University and our basketball pro-
                                                      are young people who experience the         gram. It’s a great time to be a Mountain-
                                                      enjoyment and thrills of competing          eer!


              46              December 2002 Views & Visions
                                                               Bowles Rice McDavid Graff & Love       PLLC




                   New Faces at Bowles
Bowles Rice is pleased to announce that the following attorneys have joined our firm:




                 Natalie N. Anderson                                        D. Keith Randolph
                 Charleston Associate                                       Charleston Associate
                 Energy & Real Estate Law                                   Litigation
                 304-347-1135                                               304-347-1795
                 nanderso@bowlesrice.com                                    krandolp@bowlesrice.com




                 Scott A. Kaser                                             Donald M. Wakefield
                 Martinsburg Associate                                      Lexington Associate
                 Business & Tax Law                                         Litigation & Business Law
                 304-264-4231                                               859-244-7407
                 skaser@bowlesrice.com                                      dwakefie@bowlesrice.com




                 Richard A. Hudson                                          Paul L. Hicks
                 Parkersburg Member                                         Parkersburg Associate
                 Estate Planning, Health Care,                              Estate Planning, Taxation,
                 Taxation & Commercial Law                                  Commercial & Equine Law
                 304-420-5511                                               304-420-5510
                 rhudson@bowlesrice.com                                     phicks@bowlesrice.com



                         New Faces in the Legislature
                Congratulations to our own Corey Palumbo, who was elected to
                            the West Virginia House of Delegates.
                  Corey, a litigator, is an Associate in our Charleston office.




                                                                 Views & Visions December 2002   47
                            Views & Visions
                            North Central West Virginia


                            A publication of
                            Bowles Rice McDavid Graff & Love PLLC




      Charleston, WV          Martinsburg, WV                          Morgantown, WV
    600 Quarrier Street      101 S. Queen Street                     7000 Hampton Center
       P.O. Box 1386          P.O. Drawer 1419                              Suite K
Charleston, WV 25325-1386   Martinsburg, WV 25401                   Morgantown, WV 26505
      (304) 347-1100           (304) 263-0836                           (304) 285-2500

     Parkersburg, WV            Lexington, KY                           Winchester, VA
      501 Avery Street       333 West Vine Street                    3 West Piccadilly Street
        P.O. Box 49               Suite 1201                         Winchester, VA 22601
  Parkersburg, WV 26101      Lexington, KY 40507                        (540) 723-8877
      (304) 485-8500           (859) 225-8700




 P.O. Box 1386
 Charleston, WV 25325




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