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Disaster loans offered in 2 W.Va. counties for storm damage

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By The Associated Press

CHARLESTON, W.Va - Disaster loans are available in Mercer and McDowell counties for physical damage caused by severe weather and flooding on July 5.

The U.S. Small Business Administration says Oct. 19 is the deadline for businesses, private nonprofits, homeowners and renters to apply for the low-interest loans.

Businesses and nonprofits can apply for loans of up to $2 million to repair or replace damaged or destroyed real estate, machinery and equipment, inventory, and other business assets.

Loans of up $200,000 are available for homeowners to repair or replace damaged or destroyed real estate. Homeowners and renters can seek loans of up to $40,000 to repair or replace damaged or destroyed personal property.


Alliance honors preservationists across West Virginia

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By The Associated Press

GRAFTON, W.Va - The Preservation Alliance of West Virginia has honored more than a dozen groups and individuals for their efforts to preserve sites across the state.

The Exponent Telegram reports that Preservation Alliance board of directors president Sandra Scaffidi presented 14 awards during the group's annual banquet in Grafton on Saturday evening. Scaffidi also presented grant awards to several preservation projects.

Friends of Happy Retreat received the Most Significant Save of an Endangered Site award. The group acquired Charles Town founder Charles Washington's Happy Retreat estate, which had been listed in 2010 as an endangered site.

JoAnn Lough of Fairmont received the Dr. Emory Kemp Lifetime Achievement Award for preserving Marion County history and presenting it through different educational forms to the public.

Bonnie's Bus to visit Charleston, provide cancer screenings

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By Lydia Nuzum

This weekend, 27 Kanawha County women will be given the chance to receive free mammograms and breast cancer screenings through Bonnie's Bus, a mobile mammogram unit that serves thousands of rural West Virginians each year.

The program, which works closely with the West Virginia Breast and Cervical Cancer Screening Program at West Virginia University, travels around the state and offers mammograms to women regardless of whether they have health insurance coverage. Bonnie's Bus will visit the Kanawha-Charleston Health Department, located at 108 Lee Street East in Charleston, on Thursday between 8 a.m. and 4 p.m.

"The Bonnie's Bus initiative targets women residing in counties with mortality rates exceeding the state average of 20.5 deaths per 100,000, women living predominantly in rural areas and other women who experience barriers to breast cancer screening mammography and education," said Stephenie Kennedy, director of cancer prevention and control at the Mary Babb Randolph Cancer Center at WVU. "We encourage all patients to think about the importance of a healthy lifestyle, but when it comes to the prevention of breast cancer, early detection through screening mammogram has been proven to save lives."

According to the West Virginia Cancer Registry, nearly 12 percent of all cancers diagnosed in West Virginia are women's breast cancer, and breast cancer is the most common form of cancer among women in the state. One in four cancer diagnoses among women in West Virginia is breast cancer. In Kanawha County, roughly 122 people in every 100,000 are diagnosed with breast cancer each year, according to Tina Ramirez, performance management coordinator at the Kanawha-Charleston Health Department.

"I think a lot of people, at least from my experience, have never had a mammogram before, so this is a way to introduce them," she said. "It's less intimidating to a lot of people to go there and spend 15 minutes, and provides ease of access that [is] really 15 minutes, in and out, and if anything concerning turns up, they can be referred to a higher-end specialist."

There are currently 86 facilities that offer mammograms in West Virginia, the majority of which are located in the state's population centers, leaving women in many rural areas without access to mammograms, Kennedy said. Nearly one quarter of the state's 55 counties have no mammography facilities at all. In 2013, Bonnie's Bus provided mammograms in 113 screening days to 1,995 West Virginia women.

Most doctors recommend that women start to get regular breast cancer screenings after they turn 40, Ramirez said, although many women often choose to forgo screenings. According to the U.S. Census Bureau and the Center for Disease Control and Prevention, 139,339 West Virginia women age 40 and older have not had a mammogram in the past two years.

"The health department has so many prevention and wellness programs going on, and the clinic nurses approached us and asked us to bring the bus here," Ramirez said. "They've had several patients come through the STD or family-planning clinic and had requested mammograms, and this is a way for us to offer those to our patients.

"It helps us get out their into the community and let them know the health department isn't just for flu shots or vaccinations," she said.

There are 27 appointment slots for the bus, Ramirez said, and all that is needed for an appointment is a doctor's order, although those who do not have a physician or are otherwise unable to get an order should call the health department. To schedule an appointment, call the health department at 304-348-6493.

Reach Lydia Nuzum at lydia.nuzum@wvgazette.com, 304-348-5189 or follow @lydianuzum on Twitter.

Bulletin Board: Sept. 21, 2015

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Al-Anon and Alateen groups hold open and free group gatherings to help those who find themselves loving someone with an addiction. Al-Anon meetings are held at 7:30 p.m. Tuesdays at St. John's Episcopal Church, 1105 Quarrier St.; noon on Wednesdays at the Kanawha County Day Report Center, 900 Christopher St.; 7 p.m. Thursdays in the Edgewood area at St. Christopher's Episcopal Church, 819 Somerset Drive. Alateen, for teens who deal with the alcoholism and/or drug addiction of a parent or friend, meets at 7 p.m. Thursdays in the Edgewood area at St. Christopher's Episcopal Church, 819 Somerset Drive; and Fridays at noon at Christ Church United Methodist, Second Floor, Quarrier and Morris streets. The Legacy Study Group meets at 7 p.m. Sundays at First Presbyterian Church, 508 Second Ave., South Charleston.

The U.S. Army Corps of Engineers at R.D. Bailey Lake in Wyoming County will again host the annual county-wide Water Festival on Friday at the lake's Visitor Center. The event is offered to fifth-grade students from around Wyoming County. The students will be able to learn about water resources, natural resources, careers and opportunities in the area. Several agencies will participate. For information, call 304-664-3229.

The Ronald McDonald House has "Entertainment Books" for sale again this year for $25. The books help raise funds to accommodate families of sick children who are being treated in local hospitals and who love too far to travel every day to be with their children. Books can be picked up between 9 a.m. and 9 p.m. daily at the house located at 302 30th St., near Memorial Hospital. Call 304-346-0279 for information.

Fayetteville Fall Youth Festival will be held from 4 p.m. until dark Sept. 27 at Fayetteville Town Park. The event features free food, petting zoo, four inflatables, fire trucks, helicopters, games music and more. Bring a chair to listen to the music.

The Problem Gamblers Help Network of West Virginia has a weekly support group meeting for problem gamblers and their loved ones at 6:30 p.m. each Friday at Blessed Sacrament Church in South Charleston. The group meeting is free and confidential, and open to anyone who worries that they or a loved one gamble too much. For information, call 1-800-GAMBLER.

Items for Bulletin Board may be submitted by mail to the Charleston Gazette-Mail, 1001 Virginia St. E., Charleston, WV 25301; faxed to 304-348-1233; or emailed to gazette@wvgazette.com. Notices will be run one time free. Please include a contact person's name and a daytime telephone number.

Motorcycle accident kills man in Morgantown

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By Staff reports

MORGANTOWN -- The driver of a motorcycle died in an accident in Morgantown early Sunday afternoon.

According to a press release from the Morgantown Police Department, an unnamed driver was killed when the motorcycle he was driving collided with a GMC pickup truck at the intersection of Don Knotts Boulevard and Smithtown Road. A passenger on the motorcycle was also injured and transported to Ruby Memorial Hospital.

According to the release, the accident occurred around 1 p.m. Sunday when the truck and motorcycle were involved in a "head-on-type collision."

Police have identified the driver of the truck as Edwin Agosto, of St. Joesph, Missouri. Agosto was not injured during the accident, according to the release, but he was charged with driving without a license.

The police department is withholding the names of the deceased motorcyclist and the passenger until their families can be notified.

The accident will be further investigated by police. Anyone who witnessed the accident is being asked to contact the Morgantown Police Department at 304-284-7522.

Innerviews: Gallavanting Gulliver-ette still on the go at 72

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By Sandy Wells

A man's home, they say, is his castle. This woman's home is her travel museum, a tribute to her insatiable wanderlust, a jaw-dropping, eye-dazzling conglomeration of artifacts and photos chronicling trips to 150 countries. Now she's busy with "victory laps," encore visits to the places she loves the most.

Masks, carvings, puppets, ceramics and other exotic souvenirs cover every wall, all nooks, every cranny, floors, beds and tabletops. The overflow spills into a "miscellaneous holding room."

Hundreds of Disney collectibles and stuffed animals of all description reflect her girlish, young-at-heart outlook on life.

And that pink flamingo bathroom? Well, she calls it "a house with a sense of humor."

A retired business teacher who never married (she can't stay put long enough for that), Donna Shaver yearned for far-off places even as a tyke. In 1969, she finally took her first trip to Europe. She hasn't stopped gallivanting since.

Travel tales spew from her like an erupting volcano. Escaping a charging elephant. The serenity of a Buddhist temple. The sad, robotic people of North Korea. Stories galore.

Her father urged her to write a book. No way, she said. "Too much information." And besides, at 72, she's still gathering material.

"I grew up on the West Side on Sixth Avenue. My father worked at DuPont. My mom stayed home with me until I went to school then became a cook at Tiskelwah and then a secretary and moved up to the central office.

"I got it in my head when I was a child that I wanted to go to Europe. People who lived on Sixth Avenue didn't go to Europe. My dad thought I would be a professional student because I loved school so much and was a good student. My mom thought I would be a good teacher, but I didn't like the other side of the desk. I wanted to be a student.

"I went on to college not knowing what I wanted to be. I started as an art major but didn't have enough talent. I took a business class and ended up as a business major. I graduated from Morris Harvey, then Marshall.

"I was good at math and accounting, so I got a job with the Department of Welfare as a statistician. After I'd worked about 10 months, a friend who was a teacher asked me to take a trip over the summer to Miami and a cruise to the Bahamas. About a month before we were to go, my supervisor canceled my vacation because he wanted me to do something. I wasn't going to put up with that. My mother was right all along. I should be a teacher.

"I worked another year and picked up courses at Morris Harvey. I quit the job after two years to do my student-teaching. I was also doing graduate work at Marshall. I did that for another year and a half and loved it. I mean, I liked school.

"My mother heard about this opening at South Charleston High in the middle of the year and wanted me to try for it. I went for the interview to please my mother. I didn't really want to work. I wanted to play some more and I had nine hours to go on my masters. I did all I could not to get the job. But he was desperate. He asked me to stay just through the year. I stayed 30 years. I ended up liking it.

"Some of the teachers thought I was a little nuts. Well, I am a little nuts. I was a business teacher, but I was an offbeat business teacher. I played the kazoo for kids on their birthdays. Students have told me they didn't know they could learn and laugh at the same time until they had me for a teacher. Part of my brain is very business-centered, but I have this expressive child-like side, and it comes out to this day.

"In the summer of '68, I finished my master's in Huntington and started my first full year of teaching. I thought, now I am going to Europe. A professor from WVU took a group every year. This time, he only had five signed up and didn't know if they would let him make the trip. But the travel agency let us go.

"We rode the trains instead of buses, six of us. We were in Europe for 10 weeks. I left the day after school was out in summer of '69 and got back day before school started. I was dazzled, thrilled.

We went to every country on the continent of Europe and rented a minivan and went all over Greece. I was hooked. It was my dream. I would teach and travel in the summer.

"The next summer I fell in love with Hawaii. The next three summers a teacher friend and I went back to Europe and did the Euro pass thing because I knew how to do it. In '73, I took my first trip to Asia on a National Education Association tour. I went wild over there, too. I love the different cultures, the people. I thought maybe I was an Asian in another life.

"I love the scenery, the architecture, the ruins, but most of all, I love the people and how religion plays a part in the culture. I love Buddhism. My father always said I should write a book, but it's too much information. But I have a title: "If I Weren't a Baptist, I'd Be a Buddhist." I'm fascinated with it -- the monks, the nuns and temples, the incense and the chanting.

"One time I was in Borneo in a Buddhist temple and here came a monk, and he had this incense he was swinging, and these candles were lit, and it was raining, and I thought, 'This is the most peaceful place I've ever been in my life.'

"I was in Burma in May. They have a very oppressive government, but it has lightened up in allowing people to visit, and I got another big dose of Buddhism.

"It's still 150 countries. Now I'm doing victory laps, going back to favorite places. I've been to Hong Kong seven times. I've been to North Korea. No victory lap to North Korea. I didn't mean to go there. On 9/11, I was leaving for a trip back to Nepal. I was going out the front door when the phone rang, and my cousin said, 'You aren't going anywhere today. Turn on your television.' I saw the second plane hit the World Trade Center.

"For five days, the skies were closed, and the trip was not going to happen.

I wanted to do Bhutan during the festival. This couple from San Diego who plan these unusual trips, I told them I wanted to go to the festival in September. She put me down as interested in Bhutan next September. She said the trip across Nepal wasn't going to happen again. In a few months, they called and said they had a couple from Colorado who wanted to go to Bhutan but they also wanted to go to North Korea. She said she could put it together for the three of us. So I went.

"The North Korean people were robotic. They were so sad. They looked like they were starving. They wouldn't let us take any pictures. At one point, we were on a little bus going by a dried-up cornfield and right in the middle of the field was a soldier standing at attention with his gun beside a little hut. What was he guarding?

"People always ask about my favorite place. It's the last place I've been. I'm still so thrilled with Burma from May. Let me tell you the Burma story. In '95, I was in northwest Thailand on one of my wild, independent trips. I hired a guide to take me to see some hill tribes. He asked if I wanted to see the long-necked women. I said, 'Aren't they in Burma. We can't go to Burma.' He said, 'If you want to see them, we will go.'

"On the way, we met two elephants. We went through a dry creek bed and over this hill, and we were in a village of long-necked women in Burma. Then we went to the village of the big-eared women. After the fact, I thought, if we'd gotten caught, I would still be in a Burmese prison. So when I went back 20 years later, I went with a visa and stayed 18 days.

"Next, I'm going on a victory lap to South Africa. I've been on five safaris. I thought five safaris was enough. But I'm going again. You're in a vehicle and all these animals are free. It's the most wonderful feeling. I've had some close calls with animals in Africa. I was asleep in a tent camp in 2010. I and I felt a pressure from outside the tent. From the sounds, I knew it was a cape buffalo, one of the most dangerous animals in South Africa. I had a whistle. They said to blow the whistle if you felt you were in danger. I thought his horn would gore the tent and he'd be in the tent with me. I was reaching for the whistle and he moved on. I nearly passed out from relief.

"When I came out the next day, I saw the paw prints of a lion who had passed by that night. I've been in a vehicle with elephants trumpeting and their ears flapping, which means they are coming for you. One time we couldn't get the engine started, and here came the elephant. He barely got it started and it knocked us all to the floor.

"I've had lots of adventures. I am constantly amazed. When I come back to this house, it's like I'm in culture shock. I'm still living my dream, 46 years since I took that initial trip to Europe.

I inherited this house from my parents. I'm a shopper as you can see. It's a house with a sense of humor. What do you call it? Eclectic? I travel and I'm a kid at heart, so this is what you get.

"I'm also a Disney fanatic. I go to Disney World every year. I'm just a kid. I grew taller, but I never grew up. One day my cousin and I were at Cornucopia. She found a card that said, 'If you didn't know how old you were, how old would you be?' She said she would be 32. I said I would be 7. You have to get old chronologically, but you can still be a child.

"I never married. I met some very interesting men, especially in my travels. I had a couple of long-term relationships, but I think I have a commitment phobia. I would think, 'I've got this life I love. Do I want to trade it for what I don't know is going to happen?' The answer was always no. It was the right thing. I wouldn't trade what I've had for what I might have had."

Reach Sandy Wells at 304-342-5027 or sandyw@wvgazette.com.

Mother and daughter attorneys write book on divorce

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By Kate White

A mother and daughter attorney team have written a book on a subject that nobody really likes to talk about: Divorce.

Family law attorneys Lyne Ranson and her daughter, Brittany Ranson Stonestreet, of Charleston, have made a career on the topic and recently completed "Divorce in West Virginia: The Legal Process, Your Rights and What to Expect."

The book is meant to serve as a road map for those considering filing for divorce.

"At the very least, it's going to make somebody more comfortable," Stonestreet said.

The book is written in question-and-answer format and should help prospective litigants navigate the complexities of a divorce case.

The beginning chapters answer questions about what the process of divorce entails, how to cope with stress and how to work with an attorney.

It also delves into the discovery process, mediation and negotiation, division of debts and the appeals process.

Questions like, "Will the fact that I had an affair during the marriage impact my case?" and, "Can I divorce my spouse in West Virginia if he or she lives in another state?" are among those the book answers.

There are also shared parenting plan calendars to serve as ideas that go beyond the typical "every other weekend" routines and a checklist of things you need to know before filing to end a marriage.

There hasn't been anything else like it written by attorneys in West Virginia, according to Ranson.

"It takes you through the steps of filing a petition, answering it, going before a judge. It walks you through and is written in a very conversational tone," Ranson said.

Writing the book was a natural next step for the mother and daughter, who share a law practice on Kanawha Boulevard. They had already considered the idea when representatives from the publishing firm, Addicus Books, contacted them about two years ago.

"We were sending informational letters to clients that went from one page to thirteen pages. It kept getting bigger and bigger and they were like, 'OK, you're sending me a book,'" Ranson said with a laugh.

They wrote and dedicated the book to their clients. Ranson and Stonestreet agree that the relationships they form with clients is what makes their jobs enjoyable.

"Generally, it's their questions that we've used to write the book," Stonestreet said.

The book could also easily be used as a tool for attorneys who don't usually handle divorce cases. All of the information contains citations and case law.

"My big thing was, if we're going to do this and give people advice through this format, I want to make sure we have citations. If a reader wants to find out where did this information come from or a practitioner doing family law wants to read it, there are citations to the code or a case, which gives it more legitimacy," Stonestreet said.

"The authorities are there," Ranson added. "It's not just what Lyne and Brittany think - this is the law."

The authors have received positive responses from readers so far. Mainly only clients have read pre-ordered copies, as the book isn't available for purchase on Amazon until Oct. 9.

Several psychologists have already stopped by the Lyne Ranson Law Office to purchase a copy, Ranson said. The book, including the index, is about 320 pages and costs $21.95.

Ranson and her daughter said serving as a therapist is a routine part of a family law attorney's job description.

Ranson knows from experience the emotional toll divorce can take. That personal experience has been helpful and creates an easy way to bond with clients, she said.

Ranson was required to step down as Kanawha County Circuit Court judge in 1997 to end a federal grand jury investigation into her role of the bugging of her estranged husband's law office.

Ranson had purportedly suspected her estranged husband of having an affair, but said she did not buy or place the tape recorders found in the law office of Mike Ranson. The couple had been separated for some time when the recorders were found.

In announcing her resignation, she said that "certain actions were taken by me and other individuals which culminated" in the placing of the tape recorders.

Devoting her legal career to family law was a natural transition for Ranson. After stepping down as judge, she said she would often get requests from friends for help with their divorce.

"A lot of friends would say, 'I know you know something about divorce law, can you help me?'" Ranson recalled. "I really felt drawn to it."

In law school, Stonestreet had expected she would practice criminal law after graduation. But after an internship with her mother's firm, she quickly realized that family law provided the dynamic she was looking for.

"It had everything I wanted and provided a great combination of going to court, writing and client contact. I really enjoyed it," Stonestreet said.

Perhaps a testament to their expertise, the publishers of their book have already asked if they'd write another. Possibly something for lawyers on alimony and support.

"Drier, in other words," Stonestreet said, laughing.

Reach Kate White at kate.white@wvgazette.com, 304-348-1723 or follow @KateLWhite on Twitter.

Judge bars suspect from getting more court-appointed counsel

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By Kate White

A Charleston man charged with murder has been appointed more than 10 attorneys and a judge is trying to put a stop to it.

Last week, Kanawha Circuit Judge Joanna Tabit told Miguel Quinones that even if he files a disciplinary complaint with the West Virginia State Bar against an attorney, it won't mean that they can no longer represent him. Quinones is charged with murder in the death of Kareem Hunter.

An obviously frustrated Tabit told Quinones on Wednesday that while he has a Sixth Amendment right to counsel, he doesn't have a right to the counsel of his choice.

The hearing Wednesday was held to address a motion filed by attorneys Charles Hamilton and Shawn Bayliss, who had asked the judge to be taken off Quinones' case.

Quinones filed disciplinary complaints with the State Bar against Hamilton and Bayliss, they said.

Even assistant Kanawha prosecutor Maryclaire Akers stood up in defense of the attorneys.

“They have done nothing in the state's opinion that would be a reason to have a complaint filed against them,” Akers told the judge.

Tabit agreed to allow the attorneys off the case, but said the next appointed attorneys would be it and that Quinones' case would not be delayed any longer.

Raleigh County attorneys Robert Dunlap and Amy Osgood were appointed by the court administrator's office.

Quinones was indicted in Hunter's death in March 2014, after Kelsey Legg, who was originally charged with murder, pleaded guilty to a lesser charge and provided police information about Quinones and Deveron Patterson.

Patterson, 27, of Beckley, has already been sentenced to life in prison with the chance for parole after pleading guilty last year to first-degree murder.

Legg, 20, was sentenced to six to eight years in prison for helping to conceal a dead body and being an accessory after the fact to murder.

Prosecutors have said they won't offer Quinones a plea deal.

Hunter, 28, was beaten to death in a Marmet apartment, bound with duct tape and buried in a shallow grave near Beckley, according to police. He was reported missing Sept. 23, 2013, and his body was found almost two months later.

Several of Quinones' attorneys have said they can't communicate with him and have asked Tabit and her predecessor, Circuit Judge Paul Zakaib Jr., to take them off the case.

After being charged with Hunter's murder, Quinones pleaded not guilty in magistrate court for a preliminary hearing with father-and-son attorneys Joe and Tim Harvey, of Princeton. They had represented him on a charge in Raleigh County.

In May 2014, Quinones was indicted by a grand jury on charges of murder and conspiracy in Kanawha County. Shortly after that, the Harveys withdrew as Quinones' counsel.

Zakaib then appointed Charleston attorney Ed Rebrook to represent Quinones. The two clashed in several hearings, and Rebrook eventually asked to be taken off the case

Wayne VanBibber and Richard Holtzapfel, who were appointed next by Tabit, asked to be taken off the case, citing a breakdown in communication. Tim Carrico also asked to be taken off the case.

Attorneys John Carr, Michael Payne and Trent Redman, were taken off after saying they had a conflict of interest.

A case before the Maine Supreme Court deals with a man stripped of his right to a court-appointed attorney because he couldn't get along with five of them, according to The Associated Press.

Several supreme court justices suggested that the defendant had been gaming the legal system and trying to delay his trial on robbery charges, giving the judge in his case little other recourse.

One Maine justice expressed concern with the idea of a precedent that defendants with behavior problems “really can't have attorneys,” according to the article published last week,

The defendant ended up representing himself at trial.

Reach Kate White at kate.white@wvgazette.com, 304-348-1723 or follow @KateLWhite on Twitter.


W.Va. continues to rank high in poverty

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By Joel Ebert

Kanawha County's 17 percent poverty rate in 2014 was the highest it has been in the last decade, with the exception of 2011, when 17.2 percent of county residents were living in poverty, according to the latest data released by the U.S. Census Bureau last week.

The finding is one of many that provide details about how West Virginia fared last year in terms of poverty and household income.

The data ultimately reveals West Virginia once again had a poor showing in both categories.

With nearly 328,000 or about 18.3 percent of West Virginians living below the federal poverty line, the Mountain State had one of the highest poverty rates in the country last year.

The statewide average placed it ninth, behind only Mississippi, which had the highest with 21.5 percent, New Mexico, Louisiana, Kentucky and Arkansas. West Virginia had the same poverty rate in 2014 as both Tennessee and Georgia.

West Virginia's surrounding states had poverty rates ranging from 10.1 percent in Maryland to 19.1 percent in Kentucky.

According to the federal government, a family of four making less than $24,250 is defined as living in poverty, as is an individual making less than $14,720.

A racial breakdown of the poverty rate shows significant disparities in West Virginia. Blacks had the highest poverty rate, with 31.6 percent, followed by American Indians and Asians, who came in at 30.9 and 19.8 percent, respectively. Whites in West Virginia had a poverty rate of 17.4 percent.

The state's child poverty rate of 24.3 percent in 2014 was a slight decrease from the year before. About 89,528 children were living in poverty in West Virginia last year, which ranked the Mountain State the 13th highest in terms of child poverty in the nation.

On the county level, two out of seven - Kanawha and Monongalia County - saw their poverty rate in 2014 increase compared to the year before.

Data is available only for seven out of West Virginia's 55 counties because the U.S. Census Bureau's 2014 annual estimates only include counties with populations greater than 65,000. Those include Berkeley, Cabell, Harrison, Kanawha, Monongalia, Raleigh and Wood.

Among the state's most populous counties, Monongalia had the highest poverty rate, with 25.6 percent. That was nearly a 5 percent increase from 2013.

Noting the state's lack of progress in reducing poverty in recent years, the West Virginia Center on Budget and Policy said tax credits could help change the state's situation.

"A state earned income tax credit would help low-wage earners stay on the job, allowing them to build a more secure future, while helping lift those struggling families out of poverty," said Sean O'Leary, a policy analyst for the center.

The center estimated a tax credit set at 15 percent of the federal credit would benefit 158,000 working families by annually providing them an average of $332, which would put $52 million back into the local economy.

Twenty-six states, including Virginia and Ohio, have some form of an earned income tax credit.

In addition to the state's poverty figures, West Virginia's median household income in 2014 was $41,059, which placed the state 49th in the nation.

That's a slight drop compared to 2013. That year, the state's median household income was $41,253, ranking it 48th in the nation, which was the lowest the state has placed in that category since 2005.

Additionally, West Virginia was one of six states - including Alabama, Kentucky, Montana, Rhode Island and Wyoming - where the median household income decreased in 2014 compared to the year before.

Among surrounding states, Maryland had the highest median household income ($73,971), followed by Virginia ($64,902), Pennsylvania ($53,234), Ohio ($49,308) and Kentucky ($42,958).

On the county level, four counties - Monongalia, Cabell, Harrison and Kanawha - all saw decreases in median household income in 2014 compared to the year before. Raleigh and Wood saw slight increases, of 1 and 1.5 percent, respectively, and Berkeley saw an increase of 6.6 percent.

In the Charleston area, the median household income for 2014 was $42,761. In Beckley it was $39,498.

Monongalia and Cabell County had the largest decreases. Last year Monongalia saw a decrease of $7,579 or 15.3 percent compared to 2013.

Only three counties - Berkeley, Monongalia and Harrison - had a higher median household income in 2014 than in 2012.

Discussing the latest poverty and household income data, Steve Roberts, president of the West Virginia Chamber of Commerce, said the Mountain State had been making real progress in terms of economic growth between 2009 and 2013.

Citing data from WorkForce West Virginia, Roberts said the state's employment grew during that period, but that growth has come to a halt in recent years - in large part due to government regulations on the nation's coal industry.

"We are seeing the ripple effects of that," he said.

Yet despite the trends in poverty and household income, Roberts expressed optimism.

"Improving our economic standing is very much within our power to achieve," he said, suggesting the state could make significant growth by reversing the decrease in manufacturing jobs that has happened in West Virginia, attempting to attract more banking and insurance companies and becoming a more prominent player in terms of obtaining more defense contracts.

"Given our proximity to Washington and Virginia naval bases we can make things that would be very useful to the U.S. military," he said.

Roberts expressed further optimism over the Legislature's ongoing efforts to reform the state's tax system.

"We support lowering taxes and a flatter, simpler tax base," he said.

When asked whether or not he would support an earned income tax credit, Roberts said the chamber is not against the idea of thoroughly examining all options.

"We think lower taxes and more money in people's pocket improves the economy," he said.

Reach Joel Ebert at 304-348-4843, joel.ebert@dailymailwv.com, or follow @joelebert29 on Twitter.

St. Albans ready to take advantage of home rule status

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By David Gutman

St. Albans' recently approved home rule proposal will allow it to buy and sell property, enter into agreements with other municipalities and deal with abandoned or unkempt properties more quickly and easily.

The Municipal Home Rule Board approved St. Albans' application last week, along with proposals from Beckley, Grafton, Princeton, Moundsville and Oak Hill.

"It takes forever and a day to get things done," said St. Albans Mayor Dick Callaway. "When you have a state law, it's sort of one size fits all. Now we're in a position where we can pass ordinances to get around some of the stumbling blocks."

It was the second straight year that St. Albans applied. The city had been denied in 2014, after the board ruled that the two required public meetings had not been held on time.

The city submitted an identical proposal this year.

The changes will allow the city property inspector to give "on the spot" citations to property owners or tenants with high weeds, graffiti, accumulated garbage or other sanitation issues on their property. Previously, the city had to send a preliminary notice for such violations and give the offender an opportunity to respond before issuing a citation, a process that could take months.

"If a person keeps their property in ill repair, it hurts the value of everybody else's property," Callaway said.

The home rule changes also allow the city to pass an ordinance saying that it can tear down abandoned property, mow unkempt grass, remove trees and collect accumulated garbage and then place a lien on the property for what it cost to make those repairs, without previously getting a court order.

That will allow the city to handle problems quicker and cut down on court costs, Callaway said.

As it had been, the law did not "allow the city to address property maintenance which detracts from the neighborhood or constitutes an eyesore," the city wrote in its application.

Another change allows the city to sell or lease property at less than fair market value if the buyer is a nonprofit or if the buyer will use it in a way that promotes economic development or provides a service for the public good.

Other changes let the city buy property in conjunction with its neighboring municipalities (so they could, for instance, share the cost of a snow plow or buy office supplies in bulk) and make agreements with other municipal governments after only one city council meeting, rather than two.

The home rule program began as a pilot program in 2007 to give municipalities more say in how they govern, shifting power from the state to the local level. It was initially tried in Charleston, Bridgeport, Huntington and Wheeling.

The program received an extension in 2013, for an additional five years, and expanded to 20 cities. In 2015, the Legislature again expanded the program to allow 14 additional cities.

In Kanawha County, Dunbar, Nitro and South Charleston are also home rule cities.

Reach David Gutman at david.gutman@wvgazette.com, 304-348-5119 or follow @davidlgutman on Twitter.

Bass fishing on the Kanawha (photo)

A hummingbird's eye view (photo)

Bulletin Board: Sept. 22, 2015

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The Charleston Rose Society will hold its monthly meeting at 7 p.m. today at Trinity Evangelical Lutheran Church, 1600 Kanawha Blvd. E. Guest speakers Archie and Linda Snedegar will discuss companion plantings for roses. The Snedegars have grown roses for many years and have competed at all levels with their entries, winning many awards. Fred Thompson will provide refreshments. Guests are always welcome, membership is not required.

Alpha Lambda Master chapter of Beta Sigma Phi International Sorority will meet at 7 p.m. today at the home of Martha Setterstrom, 5219 Nesting Way, Cross Lanes. Rhonda Ashworth will lead the business meeting and Setterstrom will present a program on Beta Sigma Phi, your forever friends.

Charleston Area Alliance will host a Think Tank 25 at 8:30 a.m. today at its location, 1116 Smith St. There is no charge. Panelists include Ken Herndon, Terri Cutright and Tom Kohler. For information, contact Susie Salisbury at 304-340-4253 or ssalisbury@charlestonareaalliance.org.

The Charleston Convention and Visitors Bureau board will meet at 8:30 a.m. Wednesday at the CVB office, 601 Morris St., Suite 204.

Kanawha Valley Senior Services will host a Fall Prevention Workshop from 11 a.m. to 1 p.m. Wednesday at Kanawha County Senior Center at Tiskelwah, 600 Florida St. First Settlement Rehab will provide free fall risk assessments and there will be a presentation about home modifications and exercise demos to increase strength and balance.

The Kanawha Valley WVU Fan Club will meet at 7 p.m. Thursday at Harding's restaurant off the Interstate 79 Mink Shoals exit.

Spring Hill Autumn Fest will be held from 10 a.m. to 3 p.m. Saturday on Chestnut Street in Spring Hill. A flea market, arts and crafts vendors, dog costume contest, kids' zone and more will be featured. Horse and buggy rides will be featured from 10 a.m. to 2 p.m. The cost is $5. For more information, call CVB 304-746-5552.

The regular meeting of the Charleston-Kanawha Housing Authority Board of Commissioners will meet at 1:30 p.m. Monday at 1525 Washington St. W.

The Woman' Club of Charleston, 1600 Virginia Street, E., is now taking reservations for its style show/luncheon/fundraiser to be held at 11:30 a.m. on Oct. 7. Reservations are required at $25 per person and must be received by Oct. 5. Fall fashions by Chico's and Ivor's will be modeled. For reservations, call Janet at 304-757-1134.

Items for Bulletin Board may be submitted by mail to the Charleston Gazette-Mail, 1001 Virginia St. E., Charleston, WV 25301; faxed to 304-348-1233; or emailed to gazette@wvgazette.com. Notices will be run one time free. Please include a contact person's name and a daytime telephone number.

Rahall to donate papers to WVU

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By The Associated Press

MORGANTOWN, W.Va. - Former U.S. Rep. Nick Rahall is donating 2,000 boxes of documents from his congressional career to West Virginia University.

The papers include testimony, speeches, news releases and other documents. Rahall represented Southern West Virginia for 19 terms in the U.S. House, from 1977 to 2015.

WVU Beckley and WVU Tech campus president Carolyn Long says in a news release that Rahall's papers will offer students a unique look inside the life of a congressman who served for nearly four decades.

To further use Rahall's papers, WVU said it will promote partnerships with Marshall and Concord universities, the Robert C. Byrd Center for Legislative Studies and the West Virginia State Archives.

A celebration is scheduled for Oct. 3 in Beckley to commemorate Rahall's donation of his papers.

Juveniles charged with damaging Morgantown High

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By The Associated Press

MORGANTOWN, W.Va. - Police say two juveniles have been charged with causing significant damage to Morgantown High School.

Morgantown police say the juveniles entered the school on Sunday night. They were identified through a review of the school's video surveillance recordings.

Police said Monday in a news release that authorities believe damage to the school and school equipment will top $5,000. Details of the damage weren't immediately available.

Each juvenile was charged with entering without breaking and felony destruction of property.


Mexican men plead guilty to credit card fraud

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By The Associated Press

CHARLESTON, W.Va. - Two Mexican men each face up to five years in prison after pleading guilty in West Virginia to conspiring to commit credit card fraud.

U.S. Attorney Booth Goodwin says Marco Carillio, 22, and Luis Vazquez, 24, both of Sonora, Mexico, entered their pleas on Monday in U.S. District Court in Charleston.

Federal agents arrested the men on May 4 when they arrived at a Federal Express facility in Charleston to pick up a package containing 100 fraudulent credit cards.

A criminal complaint says Federal Express had intercepted the package on May 1 and turned it over to law enforcement.

Goodwin says Carillo and Vazquez admitted that they planned to buy electronic goods and gift cards with the cards.

Both men are scheduled to be sentenced on Dec. 21.

Bayer reaches deal over fatal 2008 plant explosion

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By Ken Ward Jr.

Bayer CropScience has agreed to pay a $975,000 fine and spend $452,000 on a series of measures to improve chemical storage facilities across the country as part of proposed deal with federal regulators over allegations of serious safety violations that helped cause a massive 2008 explosion that killed two workers at the company's Institute plant, officials said Monday.

Under the tentative settlement with the U.S. Environmental Protection Agency and the U.S. Department of Justice, Bayer will to spend $4.23 million to improve emergency preparedness and response in Institute and to protect the Kanawha River from toxic pollution, officials said in announcing the settlement.

The proposal would resolve allegations contained in a 13-count civil complaint, filed Monday in federal court in Charleston, that accused Bayer of violations that "caused or contributed to conditions that" led to the explosion and "released extremely hazardous substances into the atmosphere."

"The multiple safety failures that existed at this facility that led to a loss of life, demonstrates why safeguards are necessary to protect people's health and the environment," said Shawn M. Garvin, administrator of EPA's Mid-Atlantic regional office in Philadelphia.

Bayer officials signed the proposed settlement on Aug. 21. It was signed by DOJ and EPA officials on Monday, the same day it was filed in court and announced in a press release. The proposed settlement is subject to court approval and a 30-day public comment period. Details of that comment period have not yet been announced.

The 173-page settlement document outlines seven "supplemental environmental projects" that Bayer will undertake at a total cost of $4.23 million. The largest of the projects is a $3.1 million "West Sump Expansion" to provide additional storage capacity to prevent untreated chemical process wastewater from overflowing into the Kanawha River during heavy rain events, fire-fighting emergencies and chemical process upsets.

Other projects aim to improve communications between plant personnel and local emergency responders during plant incidents, provide better training for local firefighters, and ensure proper handling of hazardous materials at local schools.

In its press release, EPA said Bayer will also take "a series of steps to prevent future chemical releases" in West Virginia, Texas, Missouri and Michigan "by improving inspections to identify potential safety issues and standardize safe operating procedures at its facilities." The proposed settlement refers to these inspections as "enhanced facilitated self-assessments."

Monday's announcement by federal authorities came more than seven years after the explosion that sent a fireball into the air above the plant, forcing thousands of area residents to take shelter in their homes for hours. Plant workers Bill Oxley and Barry Withrow were killed in the Aug. 28, 2008, incident, which brought renewed scrutiny - and eventually elimination of - the Institute plant's huge, on-site stockpile of methyl isocyanate, the chemical that killed thousands of people in a 1984 leak at a Union Carbide plant in Bhopal, India.

The U.S. Chemical Safety Board blamed the explosion on "significant lapses" in plant safety practices and warned during a high-profile congressional hearing that the incident could easily have been "a catastrophe rivaling the Bhopal disaster." After Bhopal, other chemical companies had stopped storing large quantities of MIC, switching to making the deadly chemical as it was needed.

EPA alleged in its complaint that "numerous problems" occurred at the Bayer plant when the company did not comply with its "risk management plan" to prevent chemical releases. For example, EPA said, a new digital control system was installed, but a safety interlock associated with it was not properly engaged at the time of the explosion. Employees were not fully trained to understand or operate the system, and failed to follow procedures for sampling, temperature control and flow safeguards, EPA said.

"The result was an uncontrollable buildup in a treatment unit causing a chemical reaction resulting in the explosion, fire and loss of life," EPA said. "During the incident, the company delayed emergency officials trying to access the plant, and failed to provide adequate information to 911 operators."

In a prepared statement on Monday, Bayer Institute plant chief Jim Covington said that the proposed settlement "brings to a close the regulatory actions related to this tragic accident from seven years ago.

"At the same time it reinforces for us our determination to ensure that the safety of our employees and neighbors is the first priority for Bayer," Covington said.

The statement added that methyl isocyanate has not been produced, used or stored at the Institute site for more than four years. "Production units at the site previously involved in MIC production have been decommissioned and demolished, as have other units dependent on that chemical as a building block," the company said.

Bayer said in late March that it was selling the Institute facility back to Union Carbide, the site's former owner and now a part of Dow Chemical Co., with a "phased turnover" expected to be completed by mid-2016.

Reach Ken Ward Jr. at kward@wvgazette.com, 304-348-1702 or follow @kenwardjr on Twitter.

Morrisey files petition to enforce settlement with security company

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By Staff reports

West Virginia Attorney General Patrick Morrisey's office filed a petition Monday asking a judge to enforce a settlement agreement entered into with a Wyoming County security company.

The petition claims Advanced Services Group and its owner, Stephen C. Johnston, failed to comply with the terms of a settlement agreement requiring payment of a refund to a consumer for a defective security system it sold and installed, according to a news release from Morrisey's office.

In May, Johnston agreed to refund the consumer payment, refrain from engaging in unscrupulous business practices, include the required cancellation policy in company materials and educate employees about its cancellation policy, according to the petition.

The petition asks that a judge make the company pay $4,000, the amount he had already agreed to pay.

Morrisey's office began an investigation into Advanced Services Group after receiving a complaint from a consumer who purchased a security system for his home in Logan County. The system never functioned properly, according to the release, and the consumer's requests to repair the equipment went unanswered.

The company's alleged failure to provide a system that worked violated a consumer rule known as the 'implied warranty of merchantability," Morrisey's release states.

6 charged in W.Va. with illegal cigarette trafficking

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By The Associated Press

MARTINSBURG, W.Va. (AP) - Six people have been charged in West Virginia with illegal cigarette trafficking.

U.S. Attorney William J. Ihlenfeld II announced the indictments Monday.

The defendants are Mohamed Abdo Elbarati, 30, of Winchester, Virginia; Farouk Mohamed Aldaylam, 28, of Queens Village, New York; Amir Mohamed Alsaidi, 37, of Baltimore; Fahd Hamood Aljahaf, 37, of Bronx, New York; and Galal Hameed Kassim, 29, and Muneer Kaid Khaled, 25, both of Brooklyn, New York.

All are charged with conspiracy. Elbarati, Aldaylam and Alsaidi also are charged with transportation of contraband cigarettes.

The indictment says Elbarati, owner of Smoke Palace in Winchester, bought millions of dollars worth of cigarettes from wholesalers and resold them to out-of-state smugglers. The cigarettes were processed and transported in West Virginia.

Public invited to dig into Glenwood's past during archeology weekend

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By Staff reports

A public archeology event will take place Saturday and Sunday on the grounds of the historic Glenwood Estate on Charleston's West Side, giving people a hands-on chance to take part in an excavation or observe the work as it progresses.

Sponsored by the Historic Glenwood Foundation and the Glenwood Center for Scholarship in the Humanities, the excavation will take place between 9 a.m. and 5 p.m. each day. Those interested in the hands-on approach to public archeology are urged to bring work gloves and arrive in work clothes. A team of professional archeologists will coordinate the survey.

Glenwood is located at 800 Orchard St. near the intersection with Park Avenue. Parking is available directly across Park Avenue at Stonewall Jackson Middle School.

Built in 1852, Glenwood was the home and headquarters of a large agricultural plantation that once covered much of Charleston's West Side. It was the former home of the Laidley, Summers and Quarrier families, as well as a number of their African American slaves and servants. The home and the remaining two acres that surround it are listed on the National Register of Historic Places.

The weekend's activities are funded in part through a grant from the West Virginia State Historic Preservation Office of the state Division of Culture and History.

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