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The Pocahontas Times
Marlinton, West Virginia
September 25, 2003     The Pocahontas Times
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September 25, 2003

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PAGE 2 POSTMASTER: Send address changes to 00l)e 00otal[10nta00 810 Second Ave., Marlinton WV 24954 Telephone (304) 799-4973 Fax (304) 799-6466 www.pocahontastimes.com email: editor@pocahontastimes.com advertising@pocahontastimes.com subscriptions@ pocahontastimes.com Published every Thursday except the last week of the year. Entered at the Post Office at Marlinton, West Virginia 24954 as periodicals ISSN 0738-8373 YEARIX SUBSCRIPTION CIlARGES (including tax) In County $14.84 In State $2332 Out of State $25 00 WIEKLY ADVERTISING RATES Display-g4.75 column inch Classified-20 ord WILLIAM P. MCNEEL, Editor PAMELA E. PRITT. Managing Edilor JANE PRICE SHARP. Editor Emerita THURSDAY, SEPTEMBER 25, 2003 Storm Most of last week's Storm Isabel missed Pocahontas Coun- ty. Rain measured 1 1/2 inches in most places with higher ill the eastern part of the county. The Greenbrier rose to 11.57 feet at Buckeye at 12:30 p.m. on Fri- day, July 191h, which is a little atxwe 9 feet at Marlinton. Rain was heavier in the Knapps Creek drainage and the creek was high but no reading was available. Clarification Durbin Town Council mem- ber John Rifle spoke with 9- I - I Addressing Coordinator Bill McLaughlin, not Emergency Services Director Shawn Dun- brack. Addressing will be per- formed by McLaughlin and a contractor, not council mem- bers. Mayor Donald Jennings re- ports that he did not have a letter prepared for Mike Vance on the issue of basement cleanup. I @rt00i00z to Sharon Sharp and all the employees who made the Senior Picnic a wonderful day. to Pocahontas County Road Superintendent Jim McCoy and his workers who did a good job on Rt. 28. You worked hard and did a very good job. "" to Louise Barnis for saring "her flowers anffaen Vegeta- bles with friends and neighbors! Funds may be available for the buy-out of homes in flood plains Alderman threatens new lawsuits Hillsboro & Marlinton Middle principals The new school year is only a few weeks old. but in addition to hiring a new superintendent, the school system will now need to look for two new principals. At the Board of Education meeting on Monday, held at the Hillsboro School, the resigna- tion of Fran McLaughlin as principal at Marlinton Middle School was accepted, effective at the end of school on September 22. Also submitting her resigna- tion was Hillsboro Elementary School Principal Sue Hollands- worth. She took this action fol- lowing refusal by the Board to grant her request for a leave of absence for the balance of this school year. The purpose of the leave would be to participate in a program for an advanced degee At the County Commission and to do some contract work meeting on Tuesday there was with the state Department of Ed- discussion on the county obtain- ucation. She asked that the ing a Hazard Mitigation Grant. Board continue to pay its share Commissioner Reta Griffith re- of her insurance and guarantee a ported that $327,000,000 has return to her present position at been approved lot used national- Hillsboro for the 2004-05 ly to reduce the amount of dam- school year. age in disasters by eliminating The agenda tbr the meeting risks belbre an occurrence rather noted that this request was not being recommended by Interim Superintendent Alice Irvine. Ms. Irvine did not comment on the request but Board member Bernard King said it would not be fair to the school or school system to grant the request. Member Tom VanReenan ex- pressed concern about filling the position if it is to be for only the balance of this year. Ms. Hollandsworth's request was denied by a ! - 3 vote. Ruth Taylor cast the vote in favor. (Board President Kennit Friel was absent from the meeting.) Following the vote, Ms. Hol- landsworth gave the Board her resignation, effective October 6. As it was not on the agenda, ac- tion on the resignation can not be taken until the next Board meeting. When the minutes of the spe- cial Board meeting on Septem- ber 9, the meeting where Dr. sion ruled that there was a con- flict due to the stipend (all of $10) members of the SCD board received. Upon receiving this opinion, Mr. VanReenan re- signed from the SCD board. Mr. Alderman then moved on to Mr. Friel and Mr. Vance. He said he has been doing some le- gal research and claimed to have found case law that forbids someone removed from an office to be reappointed to the same position. He was referring to the lawsuit he filed last year that was successful in having the two removed from the Board based on the state code prohibit- ins board of cducation members from holding other "'public ot- rices." However. Mr. Friel and Mr. Vance resigned from the othcr positions that the court found to be "'public offices" and were re- appointed to their seats on the BOE. Mr. Alderman said he would Seek contempt of court rulings against them for this. Before announcing his plans for the lawsuits, Mr. Aldcrman had told the Board that should an eflort be made to dismiss him from his posilion in the Board office, he would use all his rights under the "'whistle blow- er" protection law. The agenda for the meeting called for the Board to meet w.ith Hillsboro School's staff and lo- cal school improvement council. It was reported that it had been decided it would be better to have this meeting after the new superintendent is on the job. Ms. Hollandsworth reported that the improvement council has met and she noted some top- ics that came up. First. she noted that Hillsboro teacher Barb Lewis was one the five finalists to be state Teacher of Year. Also, she thanked the Board for providing a teacher at each at each grade level for the school this year. Their main concern is the roof on the gym which was partially blown off in early July. Ms. Hollandsworth noted that the than waiting until after a flood or other event. The Commission plans to file letter of intent to obtain a por- tion of the funds coming to this slate for the purpose of buying residences m flood plains. The Commission's grant will be Ibr homes outside of the incorporat- ed towns, she noted. Before rih"ng the letter of in- tent, the Commission wants to know the number of people who might want to have their home purchased. Anyone interested is asked to contact Commissioner Griffith at 799-6063 or 799- 4523, by September 29. Correctional Officer 1 Testing The West Virginia Division of Personnel will be testing for the position of Correctional Of- ricer I at the Huttonsviile Cor- rectional Center. The test will be conducted at 5 p.m. on Fri- Patrick Law was employed as roof is still leaking and the stud- day, Octgbl and aL.m. the new county Superintendent ents are having to use the cafe- ' wltelr@constd: , terla for physmal eMueatton. 11. The test site frill' be the ered, Board Vice-president Ken-  Ms. Irvine said the work to Huttonsville Correctional Cen- , ter. Interested parties must call Karen Channell at (304) 335- To all Blood Donors, all volunteers, and AARP tor spun- 2291 extension 220 to schedule soring the Blood Drive. We had , an appointment time to test and 62 donors presenting and 7 for any additional information donors deferred; 55 units were collected, with 4 first time donors. about the test. Appointments will be taken until 3 p.m. on Thursday, October 9, Walk-ins will be accepted to fill test slots if those with appointments fail to arrive. Positive photo I.D. required for admittance for test- ing. To Marlinton Viking Coaches for all the lmrd work in making the field look so good for the Homecoming Game. .fl00lagi00trate Court I neth Vance announced that it had been brought to the attention of the Board that state code does not allow his employment beyond July 1, 2004. At last week's meeting appro- val was given to employ Dr. Law until July 1, 2005. Mr. Vance said Dr. Law has been in- formed of the problem and a special meeting will have to be called to change his employment conditions. No contract has been signed and Ms. lrvine said it has not yet even been pre- pared. Norman Alderman gave the Board the news that "'we" will be filing new lawsuits, again see k- ing to remove various members from the Board. His first target is Mr. VanR- enan. Mr. Alderman alleges that Mr. VanReenan's position on the Greenbrier Valley Soil Con- servation District Board of Su- pervisors at the time he was a candidate made him ineligible to serve on the BOE. Even though Mr. VanReenan has since re- signed from the SCD, this does replace the roof should ,begin this week. The state Board of Risk has approved $38,300 for the repair of the rooL gutters, chimney, and to reimburse the county for money already spent. she said. However, she is con- cerned that the $ i 5,000 allocated for the repair of the floor may not be enough. The roof work will take about six weeks, Ms. Irvine said. Mr. Vance said there have been rumors going around that the Board is dragging its feet in making the gym roof repairs as part of a plan to close the Hills- boro School. He denied this and stated that as long as he was on the Board of Education. this would not occur. Roger Trusler reported to'he Board on the pre-school program for the three-year-old children with special needs and those who are Head Start eligible. He said at Green Bank and Hills-, boro, where there is a low i- roliment, the three-year-olds will be combined with the classes for four-year-oids. At Marlinton $100 restitution as part of her agreement. Larry Feury, Sr., f White Sulphur Springs, pied no con- test to battery on Thursday. He was fined $500 with $120 in court costs. Charles R. Calhoun, of Mar- linton, appeared before Magis- trate Hevener on Monday on citations charging him with speeding and possession of less than 15 grams of marijuana. He pied guilty and was placed on probation for six months on the drug-offense and fined $10 for speeding, with court costs of $120. Lucas Warner, of Bartow, had his probation revoked by Magis- trate Kathy Beverage on Tuesday and was,sent to jail for six months. He had been placed on probation in April for a charge of possessing less than 15 grams of marijuana, second of- fense. Warner was charged ear- lier this month with battery and destruction of property. Charges of brandishing a dead- ly weapon against Edwin L. Kinnison, of Hillsboro, domes- tic battery against Philip C. Dean, Sr., of Marlinton, do- mestic battery Arnold School- craft, of Buckeye, underaged consumption and public intoxi- cation against Richard C. Hoy, of Charleston, carrying a con- cealed weapon and possession Connie F. Turner, of Marlin- ton, was found guilty of a charge of obstructing an officer lllowing a hearing belbre Mag- istrate William Hevener on Sep- tember 2. She will return to court on October 17 tbr sentenc- ing. Robert M. McLaughlin, of Marlinton, was arrested on Sep- tember I i by State Police Tpr. F. H. Barlow and charged with domestic battery and possession of less than 15 grams of mari- juana. He was released on $2600 bond. Pamela M. McLaughlin, of Marlinton, appeared in court on the 12th on a charge of domestic battery and was released on $2500 bond. The complaint against her was filed by Tpr. Barlow. Several hearings were held in Magistrate Hevener's court on Wednesday of last week. Jason F. Brickles, of Durbin, entered a plea of guilty to driv- ing with his license suspended due to DUI. He was sentenced to six months in jail with a fine of $100 and court costs of $120. The jail sentence was stayed while Brickles' requests home confinement. Clayton J. Witte, of Marlin- ton, charged .with two felony counts of possession with intent to deliver a controlled substance, had hisses transferred to Cir- cult Court, with intent to deliver against gR:'trial diversion agreements Allen E. Greener, of Hillsboro, were made with Cheryl K. Ford, domestic assault and battery of Marlinton, on charges of do- against Carl J. Walker, of Hills- mestic battery and destruction of boro, and harassing phone calls property, and James M. Garber, against Joshua S. Fitzgerald, of of Arbovale, on two counts of Cass, have been dismissed. domestic battery. Ford is to pay week, Mr. Trusler said. He as- sured the Board all special needs will be met. In another matter concerning special education students, a contract with Real Care, Inc., was approved. Under the con- tract, the company will provide the needed services for a student with diabetes at Hillsboro. A parent at the meeting stated that her son is supposed to have services four days a week. Mr. Trusler assured her that this will happen. Several parents expressed that they had been upset by the re- mark made at the last meeting that the special education pro- grams are going to "bankrupt the school system." Mr. Vance assured them that the remark was in no way meant to demean students needing spe- cial education services, but came as a result of the frustration felt by members of this and many school boards over the mandates from the federal and state gov- ernments to provide services but without providing the funds to carry the Cathy Mitchell, representing the faculty senate at Marlinton Middle School, urged that the principal's position at her school be posted as soon as pos- sible. She said they do not want a temporary person but an effort made to find a permanent princi- pal. She said the staff was dis- appointed not knowing who will be at the school as acting princi- pal on Tuesday morning. Mr. Vance assured her that the position will be posted on Tues- day. As to who would be at the school on Tuesday, he said the Board does not know either. Ms. Irvine is working to find an act- ing principal, Mr. Vance said, but if peopl say no, there is not much can be done. It was noted that MMS has had a number of principals in re- cent years and this problem is an issue that everyone needs to be concerned about and address. Ms. lrvine gave a brief sum- mary of the financial statement for the 2002-03 school. One bit of good news in the report was a balance of $497,773 at the end of the fiscal year. She said when the budget for the year was prepared, it was estimated the carry-over would be about $250,000. The main reason for the larger figure was greater than expected property tax revenue. The financial statement was approved. A question was raised about the $20,000 in Budget Digest money that is to go for band uniforms'at PCHS. Maria Hall asked if the money could be transferred to the band boosters group so it can draw interest while the group raises the addi- tional $25,000 needed for the uniforms. Ms. Irvine said she did not know if this would be possible son from room/bus aide at Marlinton education/bus aide at * employment Burns as head at Marlinton Middle. * resignations of Lambert and James substitute custodians * employment of Alderman as Approval was given Taylor to complete ship for a counselin from Marshall county schools. She working at Green PCHS. Chad Baldwin was a volunteer coach for tl ball team at PCHS. Approval was Wage and Hour policy for the county. vine reported that policy was out for view, no comments ceived. Approval was high school to same policy on final the school used for school year. As the meeting member Ruth Taylor everyone that we children and there haS much "worrying and trying to find what with others." "'The suffering," she stated. The meeting ended utive session on The next regular ing will be held on at Green Bank. Annual ,survey way Each year, the WeSt Division of Labor is statute to "'investigate mine the prevailing of wages that must the various workmen and fo utilized by contractorS form construction tenance work on provements as defined .... tld nc Virginia Code 2 l-5A'lb6 We Anyone who is int2 . s process should contact - 00Spla00 Virginia Division of (304) 558-7890 and  1 With honta vey forms. Upon that! you will be sent surCd tn the c and instructions to d SCOres those forms. . 22-25. Although participa( ' tlanc at from s, process is not mand by Whi office requests that Y but would find out.  - - In other personnel items the will not be'cot Board approved: 2004 Prevailing Wage- * transfer of Patricia Thump- plete the survey forr#Lth. . turn them no later th#".  glr ' ravel 17. Please complete u forms aceding to t iir' . A 6 IS tO4 hying mstructtons, r'e u ' fraY- nan mation submitted a O's i " er#L nte, istd r.a dL, i'ielle t e Point s inten! w not make him a legal member of Elementary services are to be the Board, according to Mr. AI- provided by School Days Child derman. Thus, this,puts into Care, hesaid. question all the votes made by At all sites the four-year-olds Mr. VanReenan. This includes will go to pre-schooi on a two- the recent election of Dr. Law as day one week, three-day the next superintendent, since it was by a week schedule, while the three- THIS SAMPLE OF currency provided t O. men overseas was shared with us by 3-2 vote with Mr. VanReenan year-oids will go two days each date not known. If you have info, send it casting one of the yes votes. Mr. Alderman said he is not asking Mr. VanReenan to resign from the Board since he has nev- er considered him to be a mem- ber of the Board. He said a law- suit will be filed to have him re- moved from the BOE. Mr. VanReenan did not re- spond verbally to the allega- tions, but provided a written statement that reviewed what he has done since the conflict alle- gation was raised by Mr. Alder- man. Before the election he sought an opinion from the state school superintendent, Dr. David Stewart. Dr. Stewart wrote he found no reason why a member of a SCD board could not run for a seat on a BOE. Based on this, Mr. VanReenan remained in the race and was elected. After the last Legislature gave the state Ethics Commission authority to rule on such situa- tions, Mr. VanRecnan sought an opinion from it. The Commis- 00l00Citizens National h'eeC.offee&I:knmt00 CASHPri00 FaccPainti00gfortl00 Saturday, September 9AM-Noon Pocahontas County Foodland