NOTICE OF
ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-1333. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission through the Pocahontas County Clerk’s Office at the address listed above within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any person interested in filing claims against an estate must file them in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Thursday, November 11, 2021
Claim Deadline: Monday, Monday, January 10, 2022
ESTATE NUMBER: 14266
ESTATE OF: RICHARD HOWARD THOMPSON
ADMINISTRATRIX: Patricia Virginia Thompson
1733 Sheets Road
Green Bank, WV 24944-9088
ESTATE NUMBER: 14313
ESTATE OF: RICHARD ALLEN HILL
EXECUTRIX: Melissa Dawn Hill Doss
P. O. Box 5
Slaty Fork, WV 26291-0005
ESTATE NUMBER: 14314
ESTATE OF: SIDNEY BRENT MOORE
EXECUTRIX: Sharon Anita Owens
134 Main Street
Daniels, WV 25832-9689
Subscribed and sworn to before me on November 5, 2021.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
11/11/2c
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TO: WILLIAM MILLARD CALHOUN
301 LAKE PARK ROAD
MYRTLE BEACH, SOUTH CAROLINA 29588
Date of Birth: October 24, 1964
Magistrate Court Case No: 21-D-80
Family Court Civil Action No: 21-DV-72
ORDER OF PUBLICATION
PROTECTIVE ORDER/HEARING DATE
1. The object of this suit is to obtain protection from the Respondent.
2. The object of this publication by Class I legal advertisement is to notify Respondent of the PROTECTIVE ORDER prohibiting the above-named Respondent from having contact with certain individuals. This Order may affect property and other rights of the Respondent. Violating this Order may subject the Respondent to criminal sanctions. The Respondent is strongly encouraged to obtain a copy of this Protective Order and petition from the Circuit Clerk of the county listed above.
TO THE ABOVE NAMED REPONEDENT:
If appearing by evidence duly taken in this action that you could not be found in or that you have left the State of West Virginia, you are hereby notified of the ORDER referenced above, a copy of the Petition and Order may be obtained at the Pocahontas County Circuit Clerk’s office. This PROTECTIVE ORDER will remain in effect until December 7, 2021.
A Final Hearing is scheduled for the 7th day of December 2021, at 11:30 a.m. before the Pocahontas County Family Court.
Issued this 15th day of November 2021, at 10:43 a.m.
Connie M. Carr
Pocahontas County Circuit Clerk
11/18/1c
ORDINANCE NUMBER 1.23
ORDINANCE PERTAINING TO THE USE OF FIREWORKS IN THE TOWN LIMITS OF DURBIN, WEST VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF DURBIN
SECTION 1
It shall be unlawful for the use of any mortars and/or bottle rockets in the corporate limits of the Town of Durbin, West Virginia. The exception will be during the Durbin Days Heritage Festival (DDHF). The fireworks display shall be approved by the appropriate agencies. These agencies being the BFD Fire Chief, the Sheriff of Pocahontas County, and the West Virginia State Fire Marshal. These fireworks can only be set off at the Durbin Town Park down by the lagoon at the end of Meadow Lane.
SECTION 2
The use of firecrackers, sparklers, and similar fireworks may only be used on the Fourth of July to celebrate America’s Birthday and New Year’s Eve.
SECTION 3
Any form of fireworks, fire crackers, and/or mortars are prohibited for use after 11 p.m. no matter what the occasion.
SECTION 4
Any violations to the above sections shall carry a fine of not less than one hundred dollars ($ 100.00) and not more than five hundred dollars ($500.00) depending on the severity of the offense.
SECTION 5
The West Virginia State Police and the Pocahontas County Sheriff’s Department have the authority to enforce this ordinance.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
First Reading: November 2, 2021
Second Reading: November 9, 2021
Shereen Baily, Mayor, Town of Durbin
John Osborne, Recorder
11/18/2c
ORDINANCE NUMBER 1:21
An ordinance providing principles
of the Anti-Littering Ordinance
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF DURBIN
SECTION 1
Definitions: For the purposes of this ordinance, each of the following terms, phrases, words, and their derivations shall have the meaning given herein. The word “shall” is always mandatory and not merely directory.
a) “Litter” means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing.
b) “Litter receptacle” means those containers suitable for the depositing of litter at each respective public area designated by the director’s regulations promulgated pursuant to subdivision eight, subsection (a), section twenty-five of this article.
c) “Public area” means an area within Durbin, including public road and highway rights-of-way, parks and recreation areas owned or controlled by this state or any county thereof, or an area held open for unrestricted access by the general public.
SECTION 2
Any person who places, deposits, dumps, or throws or causes to be placed, deposited, dumped or thrown away litter as defined in this ordinance, in or upon any public or private highway, road, street, alley, or upon any public park or other public property other than such place as may be set aside for such purpose by the governing body shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
SECTION 3
If any litter is thrown from a motor vehicle, such action is prima facie evidence that the driver of such vehicle intended to violate the provisions of this section. Ticket could be posed to the person violating this section by a police officer and will attend court in a magistrate court.
SECTION 4
All properties in the Town of Durbin shall be kept free of garbage, trash, debris, etc. and will be kept neat in appearance at all times.
SECTION 5
The Town of Durbin will give a warning to the person that violates any part of this ordinance. If the offense is not corrected in a timely manner or happens a second time, a fifty dollar ($50) fine will be imposed. A seventy-five dollar ($75) fee will be imposed for a third offense. A fourth offense will cost one hundred dollars ($100). In the event the landowner fails to comply with the council’s decision to clean up property, within the given time allowance, the Town of Durbin could clean it up and charge the expense incurred to the property owner.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
First Reading: November 2, 2021
Second Reading: November 9, 2021
Shereen Baily, Mayor, Town of Durbin
John Osborne, Recorder
11/18/2c
TOWN OF DURBIN
ORDINANCE NUMBER 1.03
Municipal Court and its Jurisdiction.
(Town Judge)
An ordinance providing for the operation and maintenance of a Municipal Court: and for the appointment of a Municipal Court Judge, his/her powers, and duties. (WV code 8-10-2 Attached Reference)
WHEREAS: It being the responsibility of the Police of the County of Pocahontas to enforce all laws of the United States Government, the State of West Virginia and the Town of Durbin, it is equally the responsibility of the Town of Durbin to provide a Municipal Judge which is responsive to the requirements of such law enforcement. The intent of this ordinance is to assist the law enforcement agencies and to help enforce the Town of Durbin Ordinances.
WHEREAS: It is equally the responsibility of the Town of Durbin to make available a ready source of relief from improper detention and to provide an oracle for complaint of the private sector, without expense or embarrassment. It is, therefore, necessary that the Town of Durbin have a Municipal Judge to act and perform, without prejudice, the functions of an arbitrator of differences within the community and to execute the laws of the Town of Durbin.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF DURBIN:
SECTION 1
The judicial power of the Town of Durbin shall be invested in a Municipal Court. This court shall have exclusive jurisdiction of proceedings for violations of any town ordinance, and exclusive jurisdiction of all offenses not falling under the mandatory jurisdictions of other courts. No jury shall be summoned to try any case in this court.
SECTION 2
The Durbin Town Council shall appoint a Municipal Court Judge, fix his/her salary, to do the will of the Town Council.
SECTION 3
The Municipal Judge shall, within the Town of Durbin, have the powers and authority to see that the ordinances, resolutions, rules and regulations of the governing body are faithfully executed. He/she shall have jurisdiction to hear and determine any and all alleged violations and render judgment for the violations. He/she shall have the power to issue fines, penalties, and any court costs. All fines, penalties and costs are due at the time of the judge’s decision, unless otherwise noted.
SECTION 4
Appeals shall lie from the judgment of the Municipal Court, to the Magistrate Court or Circuit Court of Pocahontas County, in accordance with the law.
SECTION 5
The Municipal Court Clerk shall keep an accurate record of all court proceedings as required by law. All fines collected by the municipal court clerk will be promptly turned over to the treasurer on the first business day after collected. The treasurer will put the funds in the appropriate fund immediately after receiving them. Treasurer will give the municipal court clerk a receipt for funds given.
SECTION 6
The Municipal Judge will have the power to impose fines not to exceed five hundred dollars ($500.00).
SECTION 7
The Municipal Judge shall act as arbitrator for any complaint or disagreement of any ordinance.
SECTION 8
Town of Durbin Municipal Court shall convene on the third Saturday of each month at 10:00 a.m. in the Durbin Town Hall.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
First Reading: October 14, 2021
Second Reading: November 2, 2021
Shereen Baily, Mayor, Town of Durbin
John Osborne, Recorder
11/11/2c
OPPORTUNITY TO OBJECT
GREENBRIER SOUTHEAST PROJECT
USDA FOREST SERVICE, MONONGAHELA NATIONAL
FOREST, GREENBRIER RANGER DISTRICT
Jack Tribble, District Ranger, has completed a Draft Decision Notice to manage 16,888 acres of National Forest System lands within the project area in Pocahontas County near the town of Bartow, WV. The Draft Decision Notice includes activities to improve forest stand health, tree species composition, ecological connectivity for flora and fauna, ecosystem services, and recreation opportunities. Specific activities include vegetation management activities and associated infrastructure, prescribed fire, spruce enhancement, wildlife habitat enhancement, riparian and stream habitat enhancements, soil restoration activities, and improvements to Smoke Camp Knob, Camp Allegheny, and the Max Roth Kugel plantation. Copies of the Draft Decision Notice, associated Finding of No Significant Impact, and the Final Environmental Assessment are available upon request and online at the project webpage: fs.usda.gov/project/?pro ject=55797.
This Draft Decision Notice is subject to objection pursuant to 36 CFR 218, Subparts A and B. Objections will be accepted only from those who have previously submitted timely and project specific written comments (as defined by 36 CFR 218.2). Objections must be submitted within 45 days following the publication of this legal notice in the newspaper of record, The Pocahontas Times. When the 45-day filing period ends on a weekend or federal holiday, the filing time is extended to the end of the next federal working day. The publication date of the legal notice is the exclusive means for calculating the time to file an objection, and that those wishing to object should not rely upon dates or timeframe information provided by another source. Objections may be mailed to: Reviewing Officer, Attn: PAL-LSC Objections, Suite 700, USDA Forest Service, Eastern Region, 626 E. Wisconsin Ave, Milwaukee, WI 53202; faxed to: 414-944-3963 (Attn: Objections Reviewing Office, USDA Forest Service, Eastern Regional Office). Electronic objections in acceptable formats (.doc, .rtf, .pdf, .txt) may be submitted to: objections-eastern-region@usda.gov. Please state “Greenbrier Southeast Project” in the subject line when providing electronic objections, or on the envelope when replying by mail. Objections must be submitted by 11:59 p.m. Central Time on the closing date of the objection period. The objection must contain the minimum content requirements (36 CFR 218.8[d]) and it is the objector’s responsibility to ensure evidence of timely receipt (36 CFR 218.26[a]). For further information on this decision, contact Jack Tribble, Greenbrier Ranger District, 304-456-3335 or jack.tribble@usda.gov. USDA is an equal opportunity provider, employer, and lender.
11/18/1c
MEETING NOTICE
Region 4 Planning and Development Council will have a Special Executive Committee Meeting on November 30, 2021 at 10:00 a.m. via Zoom Meeting. The Region 4 PDC Office is located at 885 Broad Street, Suite 100, Summersville, WV 26651. Please call 304-872-4970 for further information regarding attending this meeting online.
11/18/1c