Tuesday, October 13, 2020

Fall Beauty

Saturday, October 10, 2020

Money Found For Marlinton Sprinkler Systerm

A 50 person committee can't find money to keep the kids safe while ignoring a massive source of revenue available to pay for the fix to the sprinkler system. But they have the revenue available right at hand--sell the Greenbank Slavin Property.

AND AT A PUBLIC AUCTION TO GET THE HIGHEST DOLLAR. Hundreds of thousands at public auction. They admit that they don't need the property so why no sell it at PUBLIC AUCTION.

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POCAHONTAS CEFP COMMITTEE REPORT REACHES A DECISION REGARDING SCHOOL CLOSURES

October 7, 2020

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The long wait is over. A draft of the 2020-2030cPocahontas County Schools’ Comprehensive Educational Facilities Plan (CEFP) has finally been issued. This report details a proposed plan for the county schools over the next ten years. Before finalization and submission to the State Department of Education, this draft report still required a public hearing and still has to be approved by the Board of Education at their October 27th meeting.

A public hearing about it was held during a special Board of Education meeting on Tuesday evening, October 6th. There was sparce participation by the public either in person or via Zoom Meeting.

The CEFP Committee, was made up of fifty (50) people, consisting of board members, teachers, school administrators and community members. They have been working hard since May of 2019 to develop the flexible ten-year plan for changes and upgrades to the school system. Every school system in West Virginia is required to develop a CEFP every ten years. The committee’s Chairperson is Suzanne Stewart. Matt Breakey and Bill Radcliffe of the Thrasher Group served as architectural consultants. The committee was broken down into four subcommittees: Goals and Objectives; Community Analysis; Educational Plan; and Major Improvement Plan.

The overall goal of the plan is to ensure that the Board of Education will provide the school facilities to support the curriculum and instructional delivery models which meet state standards.

One of the biggest and most controversial issues faced by the committee was whether the county schools would continue to maintain five separate schools over the ten-year period. Suzanne Stewart cleared up that decision early in the public meeting, announcing that “there are no plans in the CEFP report to close or consolidate any facility.”

It was pointed out during this meeting that there had been a lot of discussions both in the subcommittees, and among the county residents about the possible closure of Marlinton Elementary School and about sending 7th and 8th grade students to the high school because the state will be mandating that in the 2022-2023 school year, those grades must be exposed to Career and Technical Education classes (CTE), which the high school is equipped to do. But the final committee decision was to maintain all existing schools and maintain the same grade configurations at each school as now exist. Stewart did add, however, that this CEFP document is a “living document” and that if it becomes necessary during the ten-year life of this CEFP to consolidate facilities or change grade configurations at any school, the Board of Education could make amendments to this plan and submit those to the state.

To demonstrate just how controversial those issues are, several school officials and at least one board member commented that it was not a smart financial decision to keep all five schools open, while two other board members stated that Marlinton Elementary School is just too important to the Town of Marlinton to be closed, and if the school was damaged in future floods, it just needed to be repaired.

There was also a discussion about how the School Building Authority’s recent refusal to fund a new sprinkler system at Marlinton Elementary School presents an immediate safety issue at the school and must somehow be quickly addressed. Director of Maintenance Ron Hall said a new sprinkler system at the school will cost between two-hundred thousand and two hundred and fifty thousand dollars ($200,000 -$250,000.) No one seemed to know where the money could be found to do that.

The entire fifty-five-page draft report was summarized at the meeting, and the complete report can be found on the Pocahontas County Board of Education’s website.

Friday, October 9, 2020

Big Byrd Said It Well

The Law Re: Disposal of School Property

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-7. Sale of school property at public auction; rights of grantor of lands in rural communities; oil and gas leases; disposition of proceeds; lease of school property.

(a) Except as set forth in subsection (b) of this section, if at any time a county board determines that any building or any land is no longer needed for school purposes, the county board may sell, dismantle, remove or relocate the building and sell the land on which it is located at public auction, after proper notice and on such terms as it orders, to the highest responsible bidder.

(c) The county board, by the same method set forth in subsection (a) of this section for the sale of school buildings and lands, may, in lieu of offering the property for sale, enter into a lease for oil or gas or other minerals any lands or school sites owned in fee by it. The proceeds of the sales and rentals shall be placed to the credit of the fund or funds of the district as the county board may direct.

(d) The county board may make any sale of property subject to the provision that all liability for hazards associated with the premises are to be assumed by the purchaser. In any sale by the county board of improved property in which the actual consideration is less than $10,000 or in any sale of unimproved property in which the actual consideration is less than $1,000, the county board shall make any sale of property subject to the provision that all liability for hazards associated with the premises are to be assumed by the purchaser. The county board shall inform any prospective purchaser of known or suspected hazards associated with the property.

(e) Except as provided by the provisions of subsection (b) of this section, where a county board determines that any school property is no longer needed for school purposes, the county board may, upon determining that it will serve the best interests of the school system and the community, offer the property for lease. The procedure set forth in subsection (a) of this section relating to sale of school buildings and lands shall apply to leasing the school property. Any lease authorized by the provisions of this subsection shall be in writing. The writing shall include a recitation of all known or reasonably suspected hazards associated with the property, an assumption by the lessee of all liability related to all hazards, whether disclosed or not, and provisions wherein the lessee assumes all liability for any actions arising from the property during the term of the lease.

(f) Notwithstanding any provision of this section to the contrary, the provisions of this section concerning sale or lease at public auction may not apply to a county board selling, leasing or otherwise disposing of its property for a public use to the State of West Virginia, or its political subdivisions, including county commissions, for an adequate consideration without considering alone the present commercial or market value of the property.

Note: Even the GVEDC must pay an adequate consideration. It can not just be given to the GVEDC.

Old News

Monday, October 17, 2016

Some Times County Commissioners Just Don't Care!!

We got rid of the County Commissioner who was behind the sewage project. Sadly, we may have left Jamie Walker, County Commissioner, in the process. He is up for re-election next year and he desperately wants to shed this property from the county portfolio. But why?

Only the sewage pits have been publically opposed by the community. The county has allowed the business a 99 year lease on the property with all payments being applied to the purchase at some time in the future on three acres of the property.

The sewage pits were a fiasco just waiting for transfer of the deed. In fact, the county commission initially approved the transfer but backed out when it saw what an uproar it had caused in the community. Apparently, only a few people wanted the smell of raw sewage wafting its fragrance over their homes. (There were a few folks who didn't mind.) But by and large, when it came time to re-elect David Fleming they decided that he was not a good bet for their future and they replaced him with David McLaughlin, a local farmer.

This is now his first test of common sense. I can name four other county commissioners who have turned their backs on their county and attempted to approve something that did not match with the community's values--David Fleming, James Carpenter, Reta Griffith, and Joel Callison. The Sharp's Farm controversy took them out of the equation.

Ironically, that was about sewage too!! Now David McLaughlin, Bill Beard, and Jamie Walker are flirting with doing great damage to the county with this proposal to dispose of the Slaven Property at Green Bank.

A group of local folks at Green Bank rose up and signed a petition opposing the sewage pit deal and for a while we thought it was dead. (It may still be but that remains to be seen.)

Since the county commissioners don't have the balls to do the right thing with the property, they have decided to transfer it back to the Board of Education from which it originated many years ago. Now, remember, they had no problem transferring the property (three acres) to the Greenbrier Valley Economic Development Authority.

A group of local citizens have proposed that the property be used as a magnet for tourists via a boardwalk (due to the sensitive nature of the wetlands which are present and the rare and endangered Manno grass) The proposal is for a park which would allow tourists to see the site which is adjacent to the ancient site of Fort Warrick. I think that this is a great idea!!!

Walker voted to let Meck have the land to build his sewage pits. Only when people got together and marched on the courthouse did he change his vote.

Wednesday, October 7, 2020

Land Grab at Greenbank

First Jacob Meck wanted 9 acres to put in six sewage ponds. Those could have include fracking fluid but most of all Greenbank would have inherited an open sewage system right across from the former GMC dealership and close to the Senior Citizens Center. A health clinic was developed close to the property.

That didn't work out and we lost a county commissioner.

Then came the giving of all the Slaven property by the County to the Board of Education. It actually was a good thing because the Board is more law-bound in regard to the disposal of public property. They have to have a public auction.

But while the property was in the possession of the county commission, the decision was make to circumvent the "public" disposal law by transferring a selected number of acres to the Greenbrier Valley Economic Development Corporation. The property was then leased to Jacob Meck for $50 per month for 99 years. Of course, the GVED corporation collected the $50. Meck went on to put in a car crusher, a solid waste business, and a storage facility. He later added a trucking business.

This was in addition to a type of deal at Durbin in which the GVEDC collects $8,000 per month rent. This was a portion of the old Howes Leather Facility. (The big blue building) The income helped the various counties in the GVEDC. The county got no direct revenue.

Then Meck wanted a couple more acres of the Board's property. He finally got the Board to agree to let him "use" the property. A deal was made!

Suddenly, in the Pocahontas Times we read the following:

Now Meck wants all the property. No auction, no public sale--an exclusive deal. A private deal!

The Board must auction its property--not dole it out or even lease it to a private person or company. We are talking 100 plus acres. To avoid the public sale, the scam involves a transfer to the GVEDC with that group giving it to him, selling it to him, or making a $50 a month lease did for 99 years.

This property is worth hundreds of thousands of dollars if placed at public sale. It is worth very little in a private, closed door deal. He even might get a tax exempt deal like the other property.

Most importantly the school system could be giving away hundreds of thousands of dollars in public property-- Money that could repair the schools or buy vehicles. Or support Senior Citizens.

Our board must do the right thing and auction the property if it wants rid of it. Give everybody a chance in the county to bid on it, including Jacob Meck.

Contact one of these people below:

Pocahontas County

The Honorable Walt Helmick, Pocahontas County Commission
Reta Griffith
Charlie Sheets
Kendall Beverage

Ask David McLaughlin who is on the County Commission and running for reelection if he supports the sale of the property.

Below is a 2015 article in the Pocahontas CommentatorPlus

The Greenbank Property

Pocahontas County owns land at Greenbank which was originally donated for a school. It has never been used for that. Various people have suggested possible uses. One of the latest proposals was as a site for six open sewage pits to hold human waste from Snowshoe, etc. The CC initially approved the proposal but got cold feet and reneged.

Prior to that Jacob Meck had persuaded the Greenbrier Valley Economic Development Authority to lease him a portion of the Greenbank property which they had been deeded for that purpose by the CC. Meck built a large building on the property along with three public, paid storage units which he rents out. He also placed a car crusher on the property and has been running a salvage business from the sit. You will remember that some local persons including the superintendent at Cass were indicted for selling railroad steel to Meck.

Meck had several tanks along Deer Creek to store Snowshoe's sewage but they started floating on him and he had to dispose of them. He now stores on the Greenbank Property. All it all, Meck has about 7 different businesses on the Greenbank property. He distributes human waste from the honey wagons on Bill Heavener's farm.

There was a community revolt when he attempted to put in the six open pit sewage ponds right across from the senior center and the new medical center. The plan blew up. His favorite county commissioner, David Fleming, was unelected as CC.

Well, now a new plan has been presented: using the property for "agricultural purposes." Unfortunately, there is no definitive definition as to what is meant by that.

After all, Jacob Meck sprays human waste on a local farm for fertilizer. Is that what is meant by "agricultural purpose."

Or perhaps, we have a closeted "pig farm" coming out way.

Tuesday, October 6, 2020

Police Misconduct Resulted in $500 Loss to Spouse

We have received a report from a lady who has suffered a $500 loss because a deputy was in too big a hurry to take her husband to jail.

According to her report, her husband was savagely beaten on the streets of Marlinton one night by a thug. As a consequence, both her and the husband were arrested. He was was taken to the Pocahontas Courthouse to be arraigned at the courthouse. The magistrate was called and was on her way to the court house. Despite one deputy's pleading to wait on the magistrate to get to the courthouse, Deputy Brian Shinaberry rushed her husband off to Tygart's Valley Regional jail. The magistrate was left in the lurch and his wife had to wait until morning to bail him out.

She claims that she had the money to make bail on her person but the deputy's action resulted in her husband being jailed overnight and making bail the next day.

Due process demands that within certain time constraints all arrested persons have a right to be arraigned before a magistrate asap.

It is the magistrates job to order bail, not a sheriff's deputy! One person actually lost $900 when the magistrate refused to make bail. She was admonished for this. That has happened since then. So this appears to be a new device to jail people before the magistrate gets there. It is a lose, lose proposition for everybody.

The deputy owes her $500 dollars and apology AND THIS PRACTICE NEEDS TO STOP. He should have to repay the county for its costs!!!!

This action was not the fault of the magistrate but the fault of the deputy, Shinaberry. The matter could have been handled that night but instead the deputy had to deliver her spouse to the Tygart's Valley jail minutes before the magistrate arrived. It cost the deputy his time, expenses, and the county $48 dollars.

The wife had to go get her husband the next morning at Elkins. The husband has cancer and this was an unnecessary expense for all involved.