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, January 13, 2022
Claim Deadline: Monday, March 14, 2022
ESTATE NUMBER: 14342
APPOINTMENT DATE: JANUARY 4, 2022
ESTATE NAME: MELVIN LEE FLETCHER
ANCILLARY ADMINISTRATOR DBN: Michael C. Doss
921 10th Avenue
Marlinton, WV 24954-1317
Subscribed and sworn to before me on January 4, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
1/13/2c
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, January 6, 2022
Claim Deadline: Monday, March 7, 2022
ESTATE NUMBER: 14276
ESTATE OF: MARTHA MARIE BIGGS
ADMINISTRATRIX: Rachel Virginia Pritt
683 Old Buckeye Road
Buckeye, WV 24924-9076
ESTATE NUMBER: 14292
ESTATE OF: EDWARD JAMES BURTON
EXECUTOR: James Wallace Burton
1110 Saylor Drive 2A
Columbus, IN 47201
ESTATE NUMBER: 14309
ESTATE OF: DORIS ELISABETH GILLISPIE
CO-EXECUTOR: Michael D. Gillispie
9218 Long Branch Parkway
Silver Spring, MD 20901-3641
CO-EXECUTRIX: Denise L. Gillette
1531 Rogers Court
Golden, CO 80401
Subscribed and sworn to before me on January 3, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
1/6/2c
POCAHONTAS COUNTY SHERIFF’S DEPARTMENT
NOTICE OF CIVIL SERVICE EXAMINATION
The Pocahontas County Deputy Sheriff’s Civil Service Commission will conduct competitive examination testing for entry level Deputy Sheriff position(s).
Applicants must be citizens of the United States and be between the ages of 18 and 45. Applicants must have a high school diploma or GED. Successful applicants shall become a resident of Pocahontas County within (6) months of their hire date.
Deputy Sheriffs are full-time benefited positions, which includes retirement, medical insurance, vacation and sick leave. Initial annual uncertified officer salary is $40,000, increased to $42,500 upon completion of Academy and increased to $45,000 twelve months after Academy Certification. West Virginia Certified Officers in good standing start at $42,500 and increase to $45,000 upon completion of twelve-month probationary period.
The testing process will be administered in two parts, the physical ability testing and the written examination. Applicants wishing to test must present a valid State issued photo identification.
Applicants shall present a medical clearance and release of liability from his/her personal physician prior to being admitted to the physical ability examination. Applicants failing to present these documents will not proceed in the testing process.
Applications may be obtained from the Pocahontas County Clerk’s Office or the Pocahontas County Sheriff’s Office. Applications must be received by the County Clerk’s Office no later than the close of business on Friday, 01/28/2022. The applications may be dropped off or mailed to 900C Tenth Avenue Marlinton WV 24954.
The physical ability testing (1.5-mile run, pushups and sit-ups) will be administered at the Pocahontas County High School athletic field, on Friday, 02/11/2022, at 10:00 a.m. The written test will be given at the Pocahontas County Courthouse on Friday, 02/11/2022, at 2:00 p.m.
Pocahontas County is an Equal Opportunity Employer.
1/13/3c
PUBLIC NOTICE
Cellco Partnership and its controlled affiliates doing business as Verizon Wireless (Verizon Wireless) is proposing to build a 100-foot stealth flagpole telecommunications facility in the vicinity of 919 Third Avenue in Marlinton, Pocahontas County, WV 24954.
Public comments regarding potential effects from this site on historic properties may be submitted within 30 days from the date of this publication to:
Project 6121010738-MH c/o EBI Consulting, 6876 Susquehanna Trail South, York, PA 17403; mholtkamp@ebiconsulting.com or via telephone at 785-760-5938.
1/13/1c
MEETING NOTICE
Region 4 Planning and Development Council will have a Special Executive Committee Meeting Thursday, January 20, 2022, at 10 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 ext.314 for further information regarding attending this meeting online.
1/13/1c
Ordinance Number 1:20
Ordinance Pertaining to the Structure and Functions of Durbin Days Heritage Festival
SECTION 1
Purpose
a) The Durbin Days Heritage Festival shall be a festival that brings former residents back to Durbin and encourages new people to visit Durbin. The festival will offer a variety of events, activities, and entertainment for all ages to enjoy. The festival will bring to light the natural resources, history, and recreational opportunities available in the area.
b) To develop a committee that will oversee the organization of the Durbin Days Heritage Festival each year and to establish parameters under which this committee functions.
SECTION 2
Creation, Term, Vacancies, and compensation
a) There is hereby created a Committee which shall be known as “The Durbin Days Heritage Festival Committee”. The committee shall consist of not less than seven (7) members: A Coordinator and two members of the town council must be of the 7 members. The other members can consist of any and all interested parties.
b) The committee shall be appointed by the Durbin Town Council at the regular August town meeting. The term of office for the coordinator shall run from September 1 thru August 31 of the following year. Letters of interest to be received by July 31 of current year.
c) The Durbin Days Heritage Festival Committee shall meet the first Thursday of each month open to the public, and the coordinator shall keep a record of its official proceedings. The coordinator must also post an agenda stating time and place and proceedings at local establishments including: The Durbin Town Office, Durbin Post Office, and Durbin Library.
d) The Coordinator shall be paid a fee for his/her duties of $ 500.00 established during the budgeting process and with approval of the Durbin Town Council (subject to change).
e) The Committee members shall be reimbursed for items purchased for the Durbin Days Heritage Festival if the receipt clearly shows what the expense was for and with approval of the coordinator up to $100.00 and anything over $100.00 shall be approved by 3 members of the council and that those items were used for the festival.
f) Unexpected expenditures should be presented, by the Coordinator, in a timely manner to the council for approval.
SECTION 3
Powers and Duties
a) The Durbin Days Heritage Festival Coordinator shall have the power to plan and execute all events for the Durbin Days Heritage Festival with the cooperation of the Committee. This includes other events held throughout the year in order to raise funds.
b) The Coordinator shall provide a written monthly report to the Durbin Town Council at their regularly scheduled monthly meetings.
c) The Committee may receive funds from individuals, corporations, associations, foundations, or other charitable organizations and may apply for and receive grants from Federal, State, or County organizations for the purposes established in Section 1a. Any and all revenues received for Durbin Days Heritage Festival shall be deposited into the Durbin Days Heritage Festival checking account by the Durbin Town Treasurer as part of the Durbin Town finances; and all expenditures made by the Coordinator or Committee shall be handled and accounted for in the same manner as other town fund expenditures.
d) All vendors for DDHF shall apply for a Town of Durbin business license and shall not be allowed to operate without said business license. The fee is a discounted fee of $20.00 and shall be added to the vendor’s set up fee. Durbin Days Heritage Festival Coordinator will remit the business license fee to the Durbin Treasurer for deposit with records of who paid the funds.
e) Items bought with Durbin Days Heritage Festival funds shall be stored on town property when not in use and shall be available for rent under the discretion of the Durbin Town Council. A Deposit will be set for any such item/items to be rented ranging from $100.00 to $1000.00 (Exceptions may apply). If items are returned in good shape and on-time, the renter’s deposit will be refunded in its entirety.
PROVISIONS OF THIS ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
1st Reading: 11/9/2021
2nd Reading: 12/14/2021
Shereen Bailey, Mayor
John Osborne, Recoder
Town of Durbin
1/13/2c
Ordinance Number 1:22
Ordinance to Regulate Noise in the Town
AN ACT TO CREATE AND PROVIDE FOR A NEW TOWN OF DURBIN ORDINANCE, TO PROVIDE FOR THE REGULATION OF NOISE WITHIN THE TOWN OF DURBIN.
BE IT ENACTED BY
THE COUNCIL OF THE TOWN OF DURBIN:
SECTION 1
IT SHALL BE UNLAWFUL FOR ANY PERSON TO CREATE, ASSIST IN CREATING, PERMIT, CONTINUE OR PERMIT THE CONTINUANCE OF ANY UNREASONABLY LOUD AND/OR RAUCOUS, DISTURBING, UNUSUAL OR UNREASONABLY LOUD SOUND WHICH ANNOYS, DISTURBS, INJURES, OR ENDANGERS THE COMFORT, REPOSE, HEALTH, PEACE OR SAFETY OF OTHERS WITHIN THE LIMITS OF THE TOWN OF DURBIN. FOR THE PURPOSE OF THIS ORDINANCE, SOUND SHALL INCLUDE VIBRATIONS CAUSED BY HUMAN, ANIMAL OR MECHANICAL MEANS. A PERSON SHALL NOT BE IN VIOLATION OF THIS ORDINANCE UNLESS ANY SUCH SOUND IS PERCEIVED ON ANOTHER PROPERTY, IT BEING SOLELY THE INTENT OF THE ORDINANCE TO PROHIBIT SOUNDS FROM CARRYING FROM ONE PROPERTY TO ADJACENT OR NEARBY PROPERTIES, OR A PUBLIC RIGHT-OF-WAY.
SECTION 2
WITHIN THE TOWN LIMITS, THE FOLLOWING ACTIVITIES ARE PROHIBITED IF THEY PRODUCE AUDIBLE SOUND BEYOND THE PROPERTY LINE OF THE PROPERTY ON WHICH THEY ARE CONDUCTED OR FROM A PUBLIC RIGHT-OF-WAY.
SECTION 3
THE OPERATION OF POWER TOOLS OR EQUIPMENT IS PROHIBITED OUTDOORS BETWEEN 11:00 PM AND 7:00 AM MONDAY THROUGH FRIDAY, AND 11:00 PM AND 8:00 AM SATURDAY, SUNDAY, AND HOLIDAYS.
THE PLAYING OF ANY MUSICAL DEVICE OR TELEVISION THAT CAN BE HEARD FIFTY (50) FEET AWAY, OR BEYOND THE PROPERTY LINE OF THE PROPERTY ON WHICH IT IS BEING PLAYED IS PROHIBITED UNLESS YOU HAVE WRITTEN CONSENT FROM NEIGHBORING PROPERTIES. MUSICAL DEVICE IS A RADIO, CD PLAYER, CAR STEREO, CELL PHONE, IPAD, COMPUTER, OR ANY OTHER DEVICE PRODUCING LOUD MUSIC. THESE DEVICES ARE PROHIBITED BETWEEN 11:00 PM AND 8:00 AM, WITH THE EXCEPTION OF FESTIVALS AND OTHER CIVIC FUNCTIONS.
CONSTRUCTION, REPAIR, REMODELING, DRILLING, AND/ OR EXCAVATION WORK BETWEEN 11:00 PM AND 6:00 AM IS PROHIBITED.
THE KEEPING OF ANY ANIMAL OR BIRD, WHICH MAKES FREQUENT OR LONG CONTINUED NOISE, THAT DISTURBS THE COMFORT OR REPOSE OF ANY PERSONS IN THE VICINITY IS PROHIBITED.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO ALLOW ANY DOG TO BARK OR HOWL FOR LONG PERIODS OF TIME, ESPECIALLY IN THE EVENING HOURS.
THE USE OF LOUD ATVs AND/OR UNLICENSED DIRT BIKES IS PROHIBITED BETWEEN 11:00 PM AND 6:00 AM.
SECTION 4
THE PROVISIONS IN THE PREVIOUS SECTIONS SHALL NOT APPLY TO THE FOLLOWING:
NOISE PRODUCED BY EMERGENCY WORK NECESSARY TO RESTORE PROPERTY TO A SAFE CONDITION FOLLOWING A FIRE, ACCIDENT, OR NATURAL DISASTER.
NOISE TO RESTORE PUBLIC UTILITIES.
NOISE TO PROTECT PERSONS OR PROPERTY FROM AN IMMINENT DANGER. THIS INCLUDES SOUND MADE TO ALERT PERSONS TO THE EXISTENCE OF ANY EMERGENCY, DANGER, OR ATTEMPTED CRIME.
ACTIVITIES OR OPERATIONS OF GOVERNMENTAL UNITS OR AGENCIES PRODUCING EXCESSIVE NOISE.
VIOLATION OF ANY PROVISION OF THIS ORDINANCE IS DECLARED TO BE A MUNICIPAL INFRACTION, PUNISHABLE BY FINES DESCRIBED BELOW:
1st Violation: Written Warning
2nd Violation: $50.00 + Fees
3rd Violation: $100.00 + Fees
4th Violation: $150.00 + Fees
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
1st Reading: 11/9/2021
2nd Reading: 12/14/2021 Shereen Bailey, Mayor
John Osborne, Recorder
Town of Durbin
1/13/2c
ORDINANCE NUMBER 1:24
TO CREATE AN ORDINANCE ESTABLISHING
A CURFEW AND PROHIBITING LOITERING
SECTION 1
These are definitions for the purposes of this document as they relate specifically to the Curfew Ordinance for the Town of Durbin. Definitions shall not be held to modify or affect in any way the legal interpretations of such terms or words used in other regulations.
Custodian: Any person over the age of eighteen years who is a parent to a minor. Guardian: Any person other than a parent who has legal guardianship of a minor.
Loitering: Remaining on public property with no lawful purpose.
Minor: Any person under the age of eighteen years.
Parent: A natural or adopted parent of a minor.
Public place: Any street, alley, highway, sidewalk, park, playground, parking area or lot, business or place to which the general public has access and a right to resort for business attendance or other lawful purposes. Public place shall include but not be limited to, any street, shop, restaurant, tavern, theatre, store, or poolroom or any other place devoted to business, amusement or entertainment of the general public. It shall also include the front, rear, and sidewalk areas of the above.
SECTION 2
Loitering
(a) Any person or group of persons on public property, including streets, sidewalks and curbs, or on private property which is open for business to the public, or on or in a vehicle that is on public property or private property which is open for business to the public, who loiters in a manner which is prohibited by this section shall be asked to leave by the business or property owner. If they do not leave, business or property owner should call local law enforcement.
(b) Loitering which is prohibited is defined as loitering so as to create a breach of the peace, disturbance or annoyance to the comfort and repose of any person, or to obstruct free passage of pedestrians or vehicles, or to obstruct, molest or interfere with any person lawfully in any public place or on any private property open for business to the public, by conduct including the making of unsolicited remarks which are solely intended to be combative, offensive, disgusting or insulting and which are also calculated to disturb or breach the peace.
SECTION 3
Curfew
It shall be unlawful for any minor to remain idle, wander, loiter, stroll, play or be in or at or upon any public place, either on foot or without a set destination in any motor vehicle, bicycle or other conveyance in the town between the hours of 10:00 PM and 6:00 AM of the following day unless:
(a) Accompanied by parents, guardian, custodian, or other adult person having legal custody or control of such minor;
(b) Unless the minor is on an emergency errand;
(c) Unless the minor is returning to his place of residence from attendance at a school, church, athletic or recreational function or activity at which the minor’ s attendance is authorized by his parents, guardian, custodian or other adult person having legal custody or control of such minor; or
(d) Where the presence of such minor is connected with or required by some lawful employment, trade, profession or occupation.
(e) Exceptions for local festivities, (Durbin Days, etc.) when the curfew shall be adjusted to 11:00 PM.
All minors shall be required to leave and not be on or about any public place within one-half hour of the termination of any of the functions or activities herein mentioned.
SECTION 4
Unlawful acts – By persons having charge of public places
It shall be unlawful for any person having charge of any public place to knowingly permit or suffer the presence therein of minors between the hours as designated and set forth in Section 3 herein except if minor is authorized to do so by parent/legal guardian.
SECTION 5
Unlawful Acts – By parent, guardian, custodian, etc.
It shall be unlawful for the parent, guardian, custodian or other adult person having legal custody or control of any minor to suffer, permit or allow, or be inefficient or ineffective in the control of minors so as to permit or allow such minor to be on any street or sidewalk or on or in or about any public property or public place within the town, except as provided in Section 3.
Any parent, guardian, custodian, or other adult person having the legal custody and control of a minor who is guilty of any violation of the provisions of this article, or any person operating or having charge of any public place who knowingly permits or suffers the presence of minors on his premises in violation of the provisions of this article, shall be subject to a fine of not more than one hundred dollars ($100) and all court costs if applicable.
SECTION 6
Violations by minor; authority and duties of police
(a) Any police officer, upon finding a minor to be in or on any public place as hereinbefore defined in violation of this article, shall ascertain the name and address of such minor, advise the minor that he is in violation of this article and direct the minor to proceed at once to his home or place of abode. The police officer shall further immediately report, or attempt to report, such action to the parents, guardian, custodian or person having legal custody or control of such minor by either calling or personally contacting them.
(b) If such minor refuses to heed such a warning by any such police officer or refuses to give such police officer his correct name and address, or if the minor has been the subject of a prior curfew warning that same night , then the minor shall be taken to his place of residence, if the same can be determined, otherwise to the police department and the parents, guardian, custodian or other adult person having the legal care and custody of such minor shall be notified to come to the police department and take charge of the minor. Otherwise, the minor shall be dealt with in accordance with the juvenile laws of the state, but in no event shall be placed in confinement or jail for violation of the provisions of this article.
SECTION 7
Violations by minor
Local authorities will be contacted in cases where the curfew ordinance is violated repeatedly. Any minor who violates any provision of this article shall be dealt with and proceeded against in such manner as may be authorized by the juvenile laws of the state.
(a) WV Code §49-5-2 Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts. “Not withstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic, for any municipal curfew ordinance which is enforceable or for any municipal ordinance regulating or prohibiting public intoxication, drinking or possessing alcoholic liquor or non-intoxicating beer in public places, any other act prohibited by section nine, article six, chapter sixty or section nineteen, article sixteen, chapter eleven of this code or under age possession or use of tobacco or tobacco products, as provided in article nine-a, chapter sixteen of this code. Municipal courts may impose the same punishment for these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
1st Reading: 11/9/2021
2nd Reading: 12/14/2021
Shereen Bailey, Mayor
John Osborne, Recorder
Town of Durbin
1/13/2c