www.wvgazette.com http://www.wvgazette.com Gazette archive feed en-us Copyright 2014, Charleston Newspapers, Charleston, WV Newspapers Funerals for: September 02, 2014 http://www.wvgazette.com/article/20140902/OBIT01/309029982 OBIT01 http://www.wvgazette.com/article/20140902/OBIT01/309029982 Tue, 2 Sep 2014 00:02:30 -0400 Baber, Dorothy 2 p.m., Tyree Funeral Home, Oak Hill.


Bonnett, Kathryn M. 2 p.m., Casto Funeral Home Chapel, Ravenswood.


Burton, Cheryl 10 a.m., Preston Funeral Home, Charleston.


Cummings, Hibbert, Jr. 1 p.m., Good Shepherd Mortuary, South Charleston.


Dent, Jack 11 a.m., South Charleston First Church of God, South Charleston.


Elkins, Thelma L. Noon, Dunbar Mountain Mission, Dunbar.


Hanshaw, Esta 11 a.m., Cunningham Memorial Park, St. Albans.


Heater, Mary 11 a.m., Ellyson Mortuary Inc., Glenville.


Houchins, Rufus N. 11 a.m., Wayside United Methodist Church, Wayside.


Johnson, Ruth Noon, Leonard Johnson Funeral Home, Marmet.


Langford, David 2 p.m., Grand View Country Club, Beaver.


Lilly, Jeff 1 p.m., Curry Funeral Home, Alum Creek.


Regiel, Kathryn R. Noon, Mountain View Memorial Park, Richwood.


Riley, Janet 1 p.m., Bartlett


Smith, Randall 11 a.m., Tyree Funeral Home, Oak Hill.

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Claudine Aab http://www.wvgazette.com/article/20140902/OBIT/309029988 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029988 Tue, 2 Sep 2014 00:02:26 -0400 Claudine Aab, 69, went home to be with the Lord on Friday, Aug. 29, 2014.

Claudine was a homemaker and a loving wife to her late husband. She loved being pampered and enjoyed conversation with everyone.

She was preceded in death by her husband, Raymond Aab, and father- and mother-in-law, Helmut and Elizabeth Aab.

She is survived by two sons, Greg and Robin Aab; daughter-in-law, Donna Aab; and three grandchildren.

The family will have a private graveside service at Mount Moriah Family Cemetery, Ambler Ridge. In lieu of flowers, the family asks that you make a donation to NAMI (National Alliance on Mental Health). Information can be found at www.nami.org.

Online condolences and memories maybe shared at www.haferfuneralhome.net.

Hafer Funeral Home, 50 North Pinch Road, Elkview, is assisting the family.

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Barbara Ann Carey http://www.wvgazette.com/article/20140902/OBIT/309029996 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029996 Tue, 2 Sep 2014 00:02:22 -0400 Barbara Ann Carey, 71, of Charleston, passed away after a short illness on Saturday, Aug. 30, 2014 surrounded by family and friends.

She was born Oct. 1, 1942 in Boone County, a daughter of the late Maxie L. and Ruby J. Henley Green. She was also preceded in death by her brother, Wayne Green, and her sister, Frankie L. Warfield.

Barbara was a 1960 graduate of DuPont High School and later attended Morris Harvey College and graduated from West Virginia State University. She was a member of Pi Gamma Mu Honor Society. She was a member of St. Anthony Catholic Church, Charleston. Barbara was an avid reader and a student of history who loved to travel. Her greatest love was her two children.

Barbara is survived by her son, David F. Carey and his wife, Michele, of Allison Park, Pa.; her daughter, Diana L. Carnes and husband, Jon, of Youngsville, N.C.; her constant companion, Hugh "Bub" Bailey of Charleston; five grandchildren, Nicholas, Kathryn, Chandler, Michael and Emma; and her brother, Johnnie Green of Brandon, Fla.

Memorial Mass will be 11 a.m. Wednesday, Sept. 3, at St. Anthony Catholic Church, 1000 6th St., Charleston, WV 25302. Visitation will be 6 to 8 p.m. Tuesday, Sept. 2, at Wilson Funeral Home, 420 Lee St. W., Charleston, WV 25302.

In lieu of flowers, the family suggests donations be made to Kanawha/Charleston Humane Association, 1248 Greenbrier St., Charleston, WV 25311.

The online guestbook may be accessed at www.wilsonfuneralandcremation.com.

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Phyllis Ann Cooper http://www.wvgazette.com/article/20140902/OBIT/309029986 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029986 Tue, 2 Sep 2014 00:02:27 -0400 Phyllis Ann Fenner Cooper, born Oct. 4, 1940, died Aug. 30, 2014. Service will be 2 p.m. Wednesday, Sept. 3, at Evans Funeral Home and Cremation Services, Chapmanville. Visitation will be 6 to 9 p.m. Tuesday, Sept. 2, at the funeral home.

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Vivian Lee Damon http://www.wvgazette.com/article/20140902/OBIT/309029997 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029997 Tue, 2 Sep 2014 00:02:21 -0400 Vivian Lee Damon, 84, of Charleston, passed away Aug. 29, 2014 at CAMC Memorial, Charleston.

She was born to the late Fitzhugh Lee and Gertrude Kersey Thompson on Aug. 14, 1930 in Charleston. In addition to her parents, she was preceded in death by her husband, George Damon; son, Samuel David Fields; and her brother, Robert Thompson.

Vivian retired from the West Virginia Tax Department and was a member of South Park Presbyterian Church, Charleston.

She is survived by her children, Gary Fields and and wife, Joyce, of Winfield, Laquita Joy Price of Charleston, Barbara Rae Fields of Summersville and Vivian Louise Vannoy of Charleston; her sister, Virginia Dixon and husband, Eddie, of New Albany, Miss.; 14 grandchildren; and 18 great-grandchildren.

Funeral service will be 3 p.m. Wednesday at Bartlett-Chapman Funeral Home, St. Albans, with burial to follow in Tyler Mountain Memory Gardens, Cross Lanes.

Friends may visit one hour prior to the service at the funeral home.

Anyone wishing to leave an online condolence or memory may do so at www.chapmanfuneralhomes.com.

Bartlett-Chapman Funeral Home, 409 Sixth Ave., St. Albans, WV 25177, is honored to handle Mrs. Damon's arrangements.

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James Manuel Floyd http://www.wvgazette.com/article/20140902/OBIT/309029983 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029983 Tue, 2 Sep 2014 00:02:29 -0400 James Manuel Floyd, 52, of Lewisburg, passed away Friday, Aug. 29, 2014 at his residence.

Jim was born May 11, 1962 in San Diego, Calif., and was the son of Eleanore Ledward Floyd of Lewisburg and the late Howard Kenneth Floyd.

Mr. Floyd was a member of St. James Episcopal Church, a certified master electrician and supervisor with the research and development department with ABB in Lewisburg. Jim was Past Master of Greenbrier Lodge No. 42, AF & AM, a Past District Deputy Grand Master of the 7th Masonic District. He was a Past High Priest of Ronceverte Chapter No. 21 and a Past Commander of Greenbrier Commandery No. 15. At the time of his death he was the Deputy Inspector General for Division Eight of the Grand Commandery of West Virginia. He was Past Grand High Priest of the Grand Chapter Royal Arch Masons of West Virginia. He was a member of the Scottish Rite Bodies of Charleston and a KCCH. He was a member of Beni Kedem Shriners. He held memberships in the Anointed High Priests, Red Cross of Constantine, Allied Masonic Degrees and Rosicrucians. He was a Past President of the Greenbrier Valley Shrine Club. Jim was a tireless worker in many Masonic bodies and will be sorely missed.

Other than his father, Jim was preceded in death by a sister, Evelyn Floyd Wall.

Surviving Jim are his daughter, Courtney Floyd of Lewisburg,; son, James Manuel Floyd III of Lewisburg; his mother, Eleanore Ledward Floyd of Lewisburg; and his brother, Vice Admiral Kenneth Floyd and his wife, Debbie, of San Diego.

Funeral service will be held at 2 p.m. Thursday, Sept. 4, at St. James Episcopal Church, Lewisburg, with Father Joshua Sax officiating. Interment will follow at Rosewood Cemetery, Lewisburg, with Masonic graveside rites conducted by Greenbrier Lodge No. 42.

The family will receive their friends from 6 to 8 p.m. Wednesday, Sept. 3, at Wallace & Wallace Funeral Home, Lewisburg, with Order of the Eastern Star service beginning at 7:30 p.m.

The family suggests that memorial contributions be made to Jim's favorite charity, Shriners Hospital for Children, 1900 Richmond Road, Lexington, KY 40502.

Wallace & Wallace Funeral Home, Lewisburg, is in charge of arrangements.

Please send online condolences by visiting www.WallaceandWallaceFH.com.

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Marilyn Jean Frank http://www.wvgazette.com/article/20140902/OBIT/309029989 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029989 Tue, 2 Sep 2014 00:02:26 -0400 Marilyn Jean Frank, 79, of Caldwell, formerly of Colorado Springs, died Aug. 31, 2014. Memorial services will be held in Colorado Springs. Arrangements by Wallace & Wallace Funeral Home, Lewisbugr.

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Carol Jean Goff http://www.wvgazette.com/article/20140902/OBIT/309029984 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029984 Tue, 2 Sep 2014 00:02:28 -0400 Carol Jean Goff, 74, of Tornado, went home Sunday, Aug. 31, 2014 after a long illness at Hospice West, South Charleston.

Carol was preceded in death by her parents, Clyde and Blondie Satterfield; sisters, Sylvia Estep and Sue Poole; and brother, Frankie Satterfield.

She is survived by her husband, Butch; stepdaughter, Lisa Harmon; stepson, Stefan (Jennifer) Goff; four grandchildren, Madison, Ryan, Joshua and Calem; sisters, Lou Ellen McClure, Betty M. (Joe) Prine and Sandy (John) Vineyard; brothers, Jimmie (Dottie) Satterfield, Roger (Brenda) Satterfield, Richard (Heidi) Satterfield and Terry Satterfield; and several nieces and nephews.

Funeral service will be 3 p.m. Wednesday, Sept. 3, at Curry Funeral Home, 2097 Childress Road, with Pastors Butch Loftis and Dave Callison officiating. Burial will follow at Orchard Hills Memory Gardens, Yawkey.

The family will receive friends one hour prior to the service.

Condolences may be expressed to the family by visiting www.curryfuneralhome.org.

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Jane Adeline Hamrick http://www.wvgazette.com/article/20140902/OBIT/309029993 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029993 Tue, 2 Sep 2014 00:02:24 -0400 Jane Adeline Hamrick, 88, of Meadow Bridge, formerly of the St. Albans area, died Aug. 29, 2014. Service will be 4 p.m. Saturday, Sept. 6, at Meadow Bridge United Methodist Church. Arrangements by Smathers Funeral Chapel, Inc., Rainelle.

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Ruth Irene Johnson http://www.wvgazette.com/article/20140902/OBIT/309029998 OBIT http://www.wvgazette.com/article/20140902/OBIT/309029998 Tue, 2 Sep 2014 00:02:21 -0400 Ruth Irene White Johnson, 91, of Sissonville, formerly of Marmet, passed away Saturday, August 30, 2014, at home, with her daughter by her side.

She had lived the last five years of her life with her daughter on their horse farm in Sissonville that she and her husband Leonard had purchased when they were young.

Irene was born on April 7, 1923 to the late Arch and Arkie White and was the last surviving of seven daughters.

She was a descendant of the Revolutionary War Soldier, John White and Confederate Soldier, Milton White.

Irene worked alongside her husband at Leonard Johnson Funeral Home in Marmet for over 40 years. It was their life calling, living above the funeral home, they were always there to serve the families of that greater community.

During World War II, while her husband, Leonard was fighting on the front lines in North Africa, Sicily, Italy, Southern France, Austria and Germany, Irene was working in an armament factory in Maryland to help the war cause.

She was a member of Marmet First Baptist Church and was beloved by many.

In addition to her parents, Irene was preceded in death by husband, Leonard Johnson, who passed away in 2000; sisters, Pauline Jarrell, Pearl M. Ash, Kathleen Booth, Evelyn Lambert, Ruby White and Virginia Ethel Lambert.

She is survived by her three children, Mack (Vicki), Wayne (Sally), and her loving daughter, Debbie; grandchildren, Chris (Trish), Chip (Paige), Will (Leslie), Matt and Tori; great-grandchildren, Alexander, Olivia, Jackson, Blaine, William and Charlie.

A celebration of a life well lived will be held noon, Tuesday, September 2, 2014, at Leonard Johnson Funeral Home,8706 California Avenue, Marmet with Rev. Dr. Randy Flanagan officiating. Entombment will follow at Cunningham Memorial Park, St. Albans. Friends may call one hour prior to the service at the funeral home. Condolences may be sent to the family at leonardjohnsonfuneralhome.com.

Leonard Johnson Funeral Home, Marmet has been entrusted with the arrangements.

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Derek Taylor: Top teams in DM poll live up to billing http://www.wvgazette.com/article/20140902/WH02/140909919 WH02 http://www.wvgazette.com/article/20140902/WH02/140909919 Tue, 2 Sep 2014 01:02:30 -0400 As eager as many are to see the start of high school football season each year, there is always an element of the preseason that is met with mixed reviews: the Daily Mail Preseason Football Poll.

A pillar of prep football in West Virginia, the Daily Mail Poll has been around longer than more than one-third of the football-playing schools in the Mountain State. It is also a rare instance in which an Associated Press bureau does not compile rankings for a state. The AP compiles the polls for boys and girls basketball in West Virginia, but not for football.

I've voted on the poll each year since 2006.

Regardless of its tradition and longevity, the poll's release is met by detractors each week. Naturally, these naysayers typically back teams that are not as high in the poll as their fans think they should be. These reactions are especially loud following the release of the preseason poll.

Such is common with any opinion-based ranking system, but something interesting occurred Sunday afternoon with the release of the first poll of the regular season.

The top five teams in Class AAA remained the same and in order from the preseason poll.

The top five teams in Class AA remained the same and in order from the preseason poll.

The top five teams in Class A remained the same from the preseason poll, with one slight adjustment: though both teams won their openers, St. Marys and Greenbrier West switched spots, with the Blue Devils moving into the No. 2 spot previously occupied by the Cavaliers.

On one hand, this could simply mean that sportswriters on the panel are dead set in their opinions. One the other hand, it should be pointed out that of the 15 teams in the top five in each respective classes, teams went 14-0 with an average margin of victory of 28.1 points per game. Of the dispatched opponents, five of them were either ranked in the Top 10s of their class or at least received votes in the preseason poll. Martinsburg (1-0) beat H.D. Woodson (D.C) 24-7, and Woodson would almost assuredly be ranked in West Virginia's Class AAA top 10.

In other words, it looks like we had a pretty good idea coming into the year about what teams were among the best in the state.

Class AAA Capital was the only team ranked in a top five that did not play in Week 1. The Cougars open their season at Riverside (0-1) on Friday.

There are a number of reasons for what can be assumed is improved accuracy in identifying quality teams. The three-week out-of-season period each June and July has increased familiarity between media outlets and teams because more is known about how each team will handle its graduation losses from the season before.

The Internet has also drastically increased the availability of information about prep sports, and especially about the most popular sports, football and basketball. Whether it be on recruiting and video sites like Hudl.com, the ever-expanding number of web-based sports media outlets or on social media, the information is there to be found.

The result, ideally, is not just a more accurate opinion poll, but better coverage that is focused on deserving teams and athletes. History is written by the winners, after all, and if those winners can be better anticipated, the chances are that they can be more properly recognized.

After one week, here are some developments fans should keep their eyes on:

Wheeling Park might be just fine - The sixth-ranked Patriots lost All-State running back Savion Johnson for the year with a torn ACL in the preseason, and lost a slew of key players to graduation after going 11-2 in 2013. Don't shovel dirt on them just yet. In a 30-13 win over Taylor Alderdice (Pa.) last Friday, running back Theo Blackston set a school record with 296 rushing yards.

Huntington didn't drop off much, if at all - The Highlanders suffered signifiacnt graduation losses after making their first Super Six appearance. However, junior linebacker David Gatrell is assuming command of a defense that is every bit as hard hitting and quick as the 2013 bunch was. Huntington held Hurricane to less than 80 total yards last week in a 37-6 rout.

Kentre Grier might be in for a monster year - The South Charleston junior quarterback rolled up 405 yards of total offense in the Black Eagles' 56-14 win over George Washington last week, and accounted for five touchdowns. GW does not possess the speed it often has in the last decade, but neither are the Patriots a poor defensive club. Grier could realistically approach or surpass numbers put up by 2009 Kennedy Award-winning SC quarterback Tyler Harris in coach Donnie Mays' offense.

Bridgeport on injury alert - The defending Class AA state champion Indians got an easy win over Class AAA Buckhannon-Upshur last week, but it came with an as-yet undetermined price tag. Junior running back Dylan Tonkery suffered an aknle injury early in the game that forced his removal and his status is unknown entering Friday's game at Wheeling Park.

Madonna still a mystery - The Blue Dons, who won the Class A state title last year, lost Ross Comis, Elliot Nero and numerous key players to graduation, leading many to believe the team would slide into rebuilding mode. Madonna beat Beallsville (Ohio) on Friday, 47-13, which helped to propel the Blue Dons up two spots to No. 6 in this week's Daily Mail Poll. However, it should be noted that Beallsville entered this season with just 16 players on its roster. Madonna will face its first true test of the season when it plays top-ranked Wheeling Central (1-0) on Sept. 12.

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Your vents for Tuesday, Sept. 2 http://www.wvgazette.com/article/20140902/DM04/140909941 DM04 http://www.wvgazette.com/article/20140902/DM04/140909941 Tue, 2 Sep 2014 00:01:00 -0400 n I suggest all of you Kanawha County and Charleston politicians go buy a copy of the Constitution and then read the Sixth Amendment and then call Mark Plants and tell him you are sorry. He is sure to sue some of you, so you had better be sure your insurance is paid up.

n This has always been one of my rules to live by: never try to assault anyone who has a gun.

n A doctor can save your life. A lawyer can defend your life. A soldier can give you a peaceful life. But only Jesus can give you everlasting life. People need to hear this and be encouraged.

n I am surprised and disappointed at NBC's interruption of a nationally broadcast funeral service by commercials. Surely this could have been better controlled and reconstructed. This is impolite to say the least.

n With the challenges facing West Virginia's future, I think we need candidates with better qualifications than a cab driver and a guitarist.

n I think everybody should have proof of ownership of two vehicles before giving out two handicapped stickers. They are giving them to their children and health care providers when they are out shopping.

n General Tackett is a great man and has served his country and West Virginia. Please don't print those bad things about him. I don't know why those people feel that way.

n Unlike the Prime Minister of England who halted his vacation and went back to London when he heard of the brutal murder of American journalist Jim Foley at the hands of ISIS, Barack Obama made a token statement vowing relentless pursuit of justice and returned to his golfing at Martha's Vineyard.

n Maybe in November we can put some people there in Washington to hold Obama's feet to the fire and make him lead this nation in the right way.

n Jeremy Richardson's column about West Virginia's economy needing to diversify as coal jobs dwindle is right on point. He is the first person who has ever made sense in this whole coal situation. Thank you Mr. Richardson.

n Gen. MacArthur didn't just fade away. He was fired by Truman. I was there.

n I hope and pray West Virginia has had enough of Joe and Gayle Manchin.

n Over my lifetime I've invested $25,000 to $30,000 for private education of a child and grandchildren. I consider it to be my best investment of a lifetime, shielding them from left-wing ideology and having their faith silenced and ridiculed.

n I love Maj. Gen. Allen Tackett. He is a fine man and I would swear by him. I've known him since high school.

n To those who steal from residential neighborhoods be careful not to get your legs hurt. You will be walking like the cockroach that you are.

n So our government has spent hundreds of millions of dollars to set up an early warning system for earthquakes. The best they can come up with to date is 10 seconds of warning. That is what they got yesterday in California at 4 a.m. Heck, my dog whose name is "Stupid" can probably give me at least 20 seconds.

n We gain great knowledge but lose our wisdom and common sense. Look around. Is that not what is happening today?

n Capito is lying about Obamacare. My son and his family have Affordable Care Act insurance at a very reasonable price and their deductible is less than mine for my Medicare supplement. Shelley should start telling the truth.

n The W.Va. State Police are a bunch of trigger-happy dictators and Gov. Tomblin sits back and does nothing.

n If Mark Plants would change his politics to Democrat they would get off of his butt.

n Why do so many women talk on the phone in their cars? Can they not take a little bit of time and not be talking?

n I'm appalled that federal elected officials expect their personal travel expenses to be paid by the taxpayers. The president and his wife should also pay for their own food and beverage like the Eisenhowers did, unless it is a state dinner. No one ever paid for my vacations. I'll vote for any candidate who favors a 16-year-limit for the House or Senate.

n Please tell me how to keep head lettuce fresh in the refrigerator.

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Community briefs for Tuesday, Sept. 2 http://www.wvgazette.com/article/20140902/DM01/140909943 DM01 http://www.wvgazette.com/article/20140902/DM01/140909943 Tue, 2 Sep 2014 00:01:00 -0400

The West Virginia Educational Broadcasting Authority will meet at 10 a.m. Wednesday at 600 Capitol St. The West Virginia Public Broadcasting Foundation will meet following the authority meeting.

Calhoun Farmers Market is open from 9 a.m. to 1 p.m. each Wednesday at the Upper West Fork Park at Chloe.

People are invited to shop for crafts and produce, baked goods and household supplies, and enjoy a delicious hot breakfast or lunch.

The Grantsville Farmers Market is open from 10 a.m. to 2 p.m. every Thursday at at Wayne Underwood Field in Grantsville.

Alcoholics Anonymous meets at noon Wednesdays at St. Paul's Methodist Church, 2601 Forrestal Avenue, St. Albans.

More meetings are available each day at other locations and times. For more information, visit www.aawv.org or call 1-800-333-5051.

Teays Valley Baptist, located at 3926 Teays Valley Road, Hurricane, offers Awana Clubs at 7 p.m. Wednesdays.

Awana is a national youth ministry reaching boys and girls. Clubs meet each week throughout the school year on Wednesdays. All handbooks/manuals use the King James Bible only.

Clubs available are:

Puggles: 2-year-olds (3 year olds after Sept. 1 of this year). Must be brought by parent/guardian.

Cubbies: 3-year-olds (by Sept. 1 of this year) and 4-year-olds. Must be brought by parent/guardian.

Sparks: Kindergarten (5 years old by Sept. 1 of this club year), first and second grade.

T & T (Truth & Training): third through fifth grade.

Trek (Teen Ministry): sixth through eighth grade.

For information on the High School Ministry, contact Youth Pastor Jared Shumate at the Church office.

Clubs and Teen ministries are available to boys and girls. For further information, you can contact the Church office 304-757-9306 or the Awana Commanders Larry & Sharon Carpenter at 304-757-7209.

West Virginia Attorney General Patrick Morrisey will have a town hall meeting in Grantsville at the Calhoun County Committee on Aging at noon Thursday.

Beta Chapter of Delta Kappa Gamma Society will have its first meeting of the year from 4 to 6 p.m. Thursday in the Baptist Temple parlor, Quarrier and Morris streets. Former Gov. Gaston Caperton will be the speaker.

The Friends of Market Street Chapel will host Back To School Bingo on Thursday at the Heritage Park Community Building in Spencer. Doors open at 5 p.m. and bingo begins at 6 p.m.

"Pick your Prize" includes 20 games for $20.

Prizes include Longaberger Baskets, Vera Bradley, Thirty-One and many other name brand purses. There are also case knives and backpacks.

The first 30 to arrive are entered in the "Early Bird" drawing. There are also raffles, door prizes, concessions and a silent auction.

For more information, call Kim Parsons 304-927-0094; Susan Myers 304-927-5064; or Julie Boggs 304-927-3327.

All proceeds help further the continued restoration of The Market Street Chapel.

Kanawha Valley Coin Club meets at 7 p.m. Thursday at the South Charleston Public Library.

For more information, visit www.kvcc.eznetway.com or call 304-562-6917 or 304-727-4062.

To submit an item, send it by email to yournews@dailymailwv.com, fax it to 304-348-4847 or mail it to Community Briefs, Charleston Daily Mail, 1001 Virginia Street East, Charleston, WV 25301.

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Law firm marks 150 years with book of its history http://www.wvgazette.com/article/20140902/GZ01/140909948 GZ01 http://www.wvgazette.com/article/20140902/GZ01/140909948 Tue, 2 Sep 2014 00:01:00 -0400 By Paul Nyden Staff writer CHARLESTON, W.Va. - A year after West Virginia celebrated its 150th birthday, the Charleston law firm of Spilman Thomas & Battle is celebrating its own sesquicentennial.

Today, Spilman Thomas & Battle serves local, regional, national and international businesses. The firm has seven offices in North Carolina, Pennsylvania, Virginia and West Virginia.

The firm's lawyers are admitted to practice law in more than 20 states to serve the regional and national needs of its clients.

Those clients range from major Fortune 500 companies, with thousands of employees, to entrepreneurial start-up businesses. Over the past 20 years, the firm has gown from 100 employees to 267 today - including 133 lawyers, along with paralegals and other staff members.

The firm just published a book about its long history, "Spilman Thomas & Battle's History of Service: The First 150," which was written by Elizabeth Jill Wilson, a former news reporter and press secretary for Gov. Gaston Caperton.

Wilson spent more than five years digging into historical records, reading microfilms and visiting libraries while working on the book.

"We are a regional firm. We have not grown through major mergers. And every office has close friendships," said Eric W. Iskra, head of Spilman's client relations department.

Benjamin Harrison Smith and Edward Boardman Knight founded the law firm, originally called Smith & Knight, in Charleston in 1864.

During the formation of West Virginia as a state, President Abraham Lincoln had Smith help him resolve issues with land ownership titles in the new state, according to the history.

Knight became a delegate to the West Virginia Constitutional Convention and was the main author of state constitutional provisions governing property taxes and voting rights.

In 1910, Gov. William E. Glasscock chose Spilman lawyer George E. Price to represent West Virginia before the U.S. Supreme Court in a boundary dispute with Maryland. Spilman lawyers were major legal advisers to the shale gas industry when West Virginia led the nation in natural gas production between 1906 and 1917.

"We are humbled to follow in the footsteps of such prominent leaders in the regional legal community. We learned from these men and women to make client goals our top priority," said Michael J. Basile, the firm's managing member. "Drawing upon this wisdom, we have been able to build and maintain long-term, collaborative relationships with our clients. True client focus, coupled with top-quality lawyers who produce A-plus legal work, has allowed Spilman Thomas & Battle to endure for 150 years."

Lawyer Heather Heiskell Jones, who heads the firm's litigation department, said, "Our legal work focuses on our clients, who include corporations, small businesses and individuals. We also charge much lower rates than many firms."

The firm didn't hire its first female lawyer until 27 years ago, but Jones said several are in leadership positions now at the firm.

Lawyer Brian C. Helmick, who heads the firm's corporate department, said his department "covers everything not in the court system, like corporation formation, general contract matters, buying and selling of goods, taxes and real estate transactions - from residential buildings to large companies."

Iskra said, "Our philosophy is to be a business partner with our clients. We see ourselves as part of their team, not just charging for hours of our time. That is not the way we look at things."

Spilman is sometimes paid, Iskra added, by flat fees or through ongoing retainer arrangements.

"Everything we do is to help the growth of this area and the region," Iskra added. "When we help our clients grow, that helps grow the region's economy."

The firm's client relations department often focuses on legal issues like estate planning, wills and corporate transactions.

Jones spoke about other activities. "Each week, a staff member raises money for a charity. Our firm ran a campaign that recently led to a major contribution to CAMC's Cancer Center.

"We have also become a more diverse firm than we were 20 years ago. We make an active effort to have diversity here and in all of our seven offices," Jones said.

In the new book, Iskra states, "Because we are in Charleston, West Virginia, we are able to control costs and keep billable rates lower than other regional and national firms. It puts us in a unique position to offer true value to our clients." The firm now has offices in Charleston; Morgantown; Wheeling; Pittsburgh; Mechanicsburg, Pennsylvania; Roanoke, Virginia; and Winston-Salem, North Carolina.

In his introduction to the book, DuPont Senior Vice President Thomas L. Sager wrote, "When I look to the future, I envision Spilman will continue to grow and flourish. The same values that have fueled and sustained this law firm from the 19th to the 21st Century will certainly serve it well in effectively meeting the challenges of an increasingly competitive, global marketplace."

Reach Paul J. Nyden at pjnyden@wvgazette.com or 304-348-5164.

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Some Kanawha schools' A/C still failing http://www.wvgazette.com/article/20140902/GZ01/140909952 GZ01 http://www.wvgazette.com/article/20140902/GZ01/140909952 Tue, 2 Sep 2014 00:01:00 -0400 By Mackenzie Mays CHARLESTON, W.Va. - Problems with air conditioning systems in Kanawha County Schools are continuing, but school officials say they don't regret starting the school year earlier than in years past.

Parents had initially voiced concerns with the announcement of an early August start date partly because they feared it would submit students to hotter temperatures if the air conditioning in their schools failed - a problem the district has faced for years.

For some parents, those fears have become a reality.

"It's miserable. If the temperatures continue to climb in these schools, students won't be able to concentrate or, worse, it will make them sick," said Amy Carpenter, a parent of students at Sissonville High and Middle schools, both of which have faced issues with air conditioning.

"We're all helpless. I know [school staff] have complained to the board several times, but nothing has been done. They want to open the windows to let air in, but they're not allowed because of safety reasons.

"We're almost into a month of school. What's the reason it hasn't been fixed? We've known all this time when school was going to start," Carpenter said. "It just needs to be fixed. Just fix it, period."

Tracy Mains, a Kanawha City Elementary School parent, called the school "a total breeding ground for bacteria," saying the temperatures in some classrooms have been higher than 80 degrees.

"I couldn't really care less when they're in school as long as the A/C is equipped to deal with the heat and the humidity," Mains said. "Students' glasses are fogging up from the heat."

But school board member Becky Jordon says the cooling problems have little to do with the early start date.

"You can't predict the weather anymore. It was in the 70s the first week of school. We're going to continue to have this early start," Jordon said. "There are so many buildings ... it's never 100 percent perfect. I own rental property and have everything maintained, but I can't predict what's going to happen. You can service it how you're supposed to, but things happen."

Terry Hollandsworth, maintenance director for Kanawha County Schools, and his team of 10 workers have responded to several complaints about HVAC systems since school has started, and are continuing to make repairs.

While more than $20 million has been approved for HVAC upgrades and other facility repairs in recent years, Hollandsworth said more funding is still needed to get all of the system's units replaced.

Units at South Charleston High School, for example, are nearly 25 years old, Hollandsworth said.

Kanawha County Schools maintenance workers have responded to complaints at South Charleston High, Andrew Jackson Middle School, Riverside High School and others, Hollandsworth said.

"The early start date hasn't affected anything," Hollandsworth said. "The units in some of the schools are very old. We're focused on getting these schools up and running and we're going to continue to chase them down."

Reach Mackenzie Mays at mackenzie.mays@wvgazette.com, 304-348-4814 or follow @MackenzieMays on Twitter.

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Karan Ireland: For women, economic equality is the new suffrage movement http://www.wvgazette.com/article/20140902/ARTICLE/140909954 ARTICLE http://www.wvgazette.com/article/20140902/ARTICLE/140909954 Tue, 2 Sep 2014 00:01:00 -0400 By Karan Ireland Women's Equality Day was Aug. 26, the 94th anniversary of the day American women won the right to vote. This year, women (and men) around the country are following in the tradition of the suffragettes to advocate for another right: To be able to work and take care of their families. In today's economy, full participation in the workplace is as important as full participation in our democracy was 100 years ago.

American women are now breadwinners in most families, either alongside their partners or by themselves. But too much of how we structure jobs is stuck in the first half of the last century, before women entered the workforce in big numbers. And as corporations have successfully kept wages down, families have had to rely on women's income just to meet the basics. That is why we need to change public policies so that women are able to both support and care for their families.

It's common sense - and long overdue - that women should get paid just as much as men for equal work. Right now women still take home 77 cents for every dollar a man gets paid - and for women of color it's even worse. In 2012 alone, the wage gap resulted in an $18,650 loss for African American women and $24,111 for Latina women.

Women would also benefit the most from raising the minimum wage, since almost two-out-of three Americans who work at the minimum wage are women. The rate is even higher in West Virginia.

Decent pay will help women support their families, but more is needed. We need policies to allow women (and men) to care for their families. To start with, every job should include paid sick days - those are really earned sick days. But more than four in 10 private-sector workers and four out of five low-wage workers do not have access to paid sick days at work.

While a handful of sick days should be part of every job, that's not enough to care for a newborn baby or a frail, elderly parent. The current federal family leave law doesn't provide for any pay and it also leaves out smaller employers. A solution is to establish a fund for paid family leave, financed by a few cents from every paycheck, so we can all afford to take the time off we need to care for a new baby or sick parent. They've already done this in California and New Jersey, and it's working for business and workers; now the whole country should follow.

While we're at it, let's remove the huge stress that working parents are under to care for their kids. We can make child-care more affordable, start all our kids at pre-K and have quality after-school programs at all of our schools.

Women around the country are organizing for these common sense policies, spreading the word through events and the twitter hashtag #WEmatter. But many of our elected representatives are stuck in the 19th century and don't understand today how much working women matter to caring and supporting our families.

While some states, cities and counties have taken steps to enact some of these policies, too many measures continue to be stymied by politicians who care more about corporate campaign contributors than working women. And in Congress, every one of these measures is stuck. For example, Republicans in the Senate have filibustered to block votes on pay equity for women and raising the minimum wage, even though both bills had the support of the majority of the Senate. In the House, the Republican leadership has killed both of these bills too.

West Virginia's only woman representative in Congress is no help on these issues. According to an Aug. 12 Huffington Post article, "Capito voted repeatedly against legislation that would bolster laws against gender discrimination in workplace pay. The seven-term congresswoman voted against the Lilly Ledbetter Fair Pay Act in 2007 and again in 2009, before it was ultimately signed into law. ... Moreover, she voted against the Paycheck Fairness Act - which would add further protections to the Equal Pay Act of 1963 - in 2008, 2013 and 2014."

It took a grassroots movement to win women the right to vote. Today it's a grassroots and a netroots movement fighting to win the tools for women to care for and support their families. Elected officials who stand in the way of women's economic equality will be judged by history just like politicians who opposed women voting. It's up to voters to do the judging now.

Karan Ireland is the development director at West Virginia Citizen Action Group and is working on projects related to women and water. She is also a single, working mother.

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Former car dealer sues former councilwoman http://www.wvgazette.com/article/20140902/GZ01/140909956 GZ01 http://www.wvgazette.com/article/20140902/GZ01/140909956 Tue, 2 Sep 2014 00:01:00 -0400 By Kate White Another dispute between the former owner of a car dealership and a former Charleston city councilwoman has ended up in court.

Pete Lopez filed a lawsuit last week against Ditty Markham in Kanawha Circuit Court, claiming letters she wrote to 19 people in June damaged his reputation and ruined future business opportunities.

Lopez previously owned City Motors Inc. in Kanawha City. Markham represented Kanawha City on city council for eight years.

Markham allegedly sent the letters after learning of a potential business deal between Lopez and one of the people she wrote to, according to the complaint. The alleged letter was intended to thwart Lopez in his business dealings by disparaging him to a potential business associate and others in the community, the lawsuit states.

"At one point, Lopez literally came after me," Markham wrote, according to the lawsuit filed Aug. 25. "I saw two large men at my door and opened it slightly (something I would never do today) to see what they wanted. Lopez pushed the door open and me aside, and he and the other man entered my living room. He threatened me to stay out of his business. I was very frightened and ordered him to leave immediately, or I would call the police."

Lopez alleged that Markham wrote that he was "truly a thug who ignores respectful behavior," and wrote, "I can assure you that his business will not be an asset to Kanawha City." Markham also wrote, according to the suit, that Lopez's wife didn't have an easy life, "being married to this bully."

All of the statements are false, according to the complaint filed by Lopez's attorney Stephen Gaylock. Lopez has lost business prospects and suffered emotional distress, among other things, according to the suit. He wants to be compensated for those losses and awarded an amount that would punish Markham.

Markham, a retired Kanawha County school counselor and former Kanawha school board member, said last week the conflict developed when she recently rejoined the Kanawha City Community Association. She added she would love to talk about the allegations in the lawsuit, but her attorney, Jim Cagle, advised her not to. She has not filed a response to the lawsuit.

The case has been assigned to Circuit Judge Carrie Webster.

Lopez said last week that he was surprised to be in another conflict with Markham - 12 years after he accused her of stalking and intimidating him. That charge was dismissed by a magistrate.

In 2002, Lopez filed a magistrate court complaint, alleging Markham "repeatedly stalked and intimidated" him, his wife and employees while disrupting his business, according to Gazette reports at the time.

Lopez, whose business was in Markham's district, wanted a "peace bond" to keep Markham from coming near him or his business.

Markham had consistently complained about the way the cars are parked at Lopez's business, saying many are illegally parked and block drivers' views. Lopez said in the 2002 complaint that he had seen Markham on his property after business hours inspecting the vehicles. She denied visiting his business.

Magistrate Tim Halloran dismissed the charge.

This is the first time since 2002 Markham and Lopez have dealt with each other, they both said.

Reach Kate White

at kate.white@wvgazette.com,

304-348-1723, or follow @KateLWhite on Twitter.

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W.Va. board exec shocked by doctor's reinstatement http://www.wvgazette.com/article/20140902/GZ01/140909957 GZ01 http://www.wvgazette.com/article/20140902/GZ01/140909957 Tue, 2 Sep 2014 00:01:00 -0400 By John Raby The Associated Press CHARLESTON, W.Va. - The head of a state board that suspended the medical license of a West Virginia doctor said she's shocked by a judge's move to let the doctor resume treating patients at a pain clinic where an investigation found sanitation and hygiene issues.

West Virginia Board of Osteopathic Medicine Executive Director Diana Shepard said the decision Thursday by Kanawha County Circuit Judge Charles King "sets a terrible precedent."

King issued a preliminary injunction that wiped out the suspension for Dr. Roland Chalifoux Jr.

King ruled that the board failed to show that Chalifoux engaged in practices at Valley Pain Management which may pose a risk to the public.

But Shepard said, "Our goal, our purpose is to protect the safety of the public and we felt we had enough evidence."

The board will continue to review the case and may appeal to the state Supreme Court, Shepard said.

However, if the judge is prohibiting enforcement of the suspension and setting aside the determination that the board had probable cause to take action, "there's nothing we can do," Shepard said. "We have no authority to do anything with this physician, and we don't feel that's the way the laws are written."

Shepard said the proper outcome would be to let the board and Chalifoux present evidence before an administrative law judge.

Chalifoux didn't return a telephone message left by The Associated Press at his clinic in McMechen, across the Ohio River from Ohio. King didn't return a message left in his court office.

Chalifoux sought the court order because he faced having his malpractice insurance canceled by Sunday.

Health officials said an investigation last year found that Chalifoux didn't wear a surgical mask during epidurals, that the clinic reused syringes on more than one patient and that it had other sanitation problems.

But King said no inspections were done since December, when the health bureau found the clinic had "excellent" procedures and Chalifoux was commended for his rapid response to issues raised during a previous site visit.

In July, patients who went to the clinic between its 2010 opening and Nov. 1, 2013, were advised to be tested for blood-borne infections.

West Virginia's state epidemiologist Dr. Loretta Haddy had said a patient contracted bacterial meningitis a day after a procedure at the clinic and that health officials were notified last October.

King's order said no additional cases of meningitis were found but didn't mention other diseases.

Chalifoux first came before the board a decade ago when he sought a West Virginia medical license after a Texas board revoked his license there for violating standards in treatment of three patients, including the 1996 death of a 61-year-old man after unnecessary surgery was performed.

The West Virginia Board of Osteopathic Medicine, which was aware of the disciplinary action in Texas, granted Chalifoux a restricted license in 2004 so he could complete a neurosurgery refresher course at West Virginia University's medical school. An unrestricted license was granted in 2005.

Chalifoux is the only license applicant since at least 2000 to apply for a license from the board after having one revoked or suspended outside West Virginia. Shepard said the board reviewed more than 1,060 files in response to a Freedom of Information Act request from The Associated Press.

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Readers' voice: Sept. 2, 2014 http://www.wvgazette.com/article/20140902/GZ01/140909958 GZ01 http://www.wvgazette.com/article/20140902/GZ01/140909958 Tue, 2 Sep 2014 00:01:00 -0400 Express your opinion on any subject you wish. Not all comments are published. Call 304-357-4451 or email readersvoice@wvgazette.com.

Why do retired guys wait until late afternoon or Saturday morning to get their hair cut, when working guys are trying to squeeze a cut into their day? If you got all day, get out of the way.

Capito is so pro-West Virginia that she wants to remove Obamacare so we can have our previous way of life. She doesn't get it. Before ACA many couldn't even get health coverage much less worry about which doctor they would see. She fails to remember that the ACA has helped the elderly with the prescription cost gap, she fails to remember that the unemployed, underemployed and forced early retirees now have insurance when before they did not.

I'm not getting calls on my landline that show up with my own phone number. However, I am getting calls on my cell phone that only show up as four digits. Is anyone else having this problem?

To the person that objected to the high-income families getting free food at school - those families pay taxes and that pays for their families and yours to have free food, so you shouldn't be objecting for them to have free food that they are actually paying for twice.

To Verizon customers in the Kanawha Valley - you need to look at your bills from last month. They stuck everyone with a 75-cent activation fee for some sort of three-way calling. You can call them and they will take it off.

If there is no official dress code for Kanawha County school employees, then how can a school administrator dictate their own?

Ms. Tennant, you seem to forget the Democrats in Lincoln County who helped you get elected as state treasurer. Don't brag about sending them to jail because you are a part of the same faction. You sure have lost my vote and others' votes as well. I'm a true Democrat forever.

It's really nauseating to me that a reverend and the NAACP have to make a race issue out of something that really isn't. We keep paying a price for a debt we do not owe and I am so sick of it.

To the caller about smoking who says the only people you hurt are the people who can least afford to pay the taxes - if you don't want to pay the cigarette tax, then don't smoke. It's your choice.

The West Virginia State Police are a bunch of trigger-happy dictators and Governor Tomblin sits back and does nothing.

I get so tired of people making snide comments about Shelley Moore Capito. I consider her a true West Virginia lady and I will certainly be voting for her in the fall.

Who does Uncle Sam yell for most when there's a big war about to happen? West Virginia.

A vote for Shelley Moore Capito is not a vote for the people of West Virginia. She continues to support the Republican agenda, which is for the rich.

On my bucket list I have a book titled "Silas Marner" by George Eliot. I should have read this in the tenth grade, but I didn't. It's one of the most interesting books I've ever read.

Let's all bind together and do something for our schoolchildren. Start schools just a little bit later in the day and I'm sure that it would be a big help now and in their futures.

I can tell you what Capito has done in 14 years. She has cast 40 votes to keep the working poor in West Virginia and elsewhere from having affordable health insurance. Go Natalie.

I would very much like to thank the manager of Kroger in Kanawha City. When I was there a couple weeks ago and locked the keys in my car, I appreciate that he tried his best to get my car open for me. I just wanted to thank him and am thankful to know that there are still good people in this world who are willing to help others.

I'm concerned as to why Saint Francis Hospital has to go all the way to Atlanta, Georgia, for someone to do their billing. Is there not anyone in West Virginia capable of doing it?

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Editorial: Tomblin and Tennant act like Obama http://www.wvgazette.com/article/20140902/DM04/140909968 DM04 http://www.wvgazette.com/article/20140902/DM04/140909968 Tue, 2 Sep 2014 00:01:00 -0400 The races for the U.S. Senate and three House seats in West Virginia have a common theme. The Republican candidates are running against President Obama, and the Democrats are too.

But the reality is that at the Statehouse, Democrats have begun acting like President Obama.

Two new laws have problems that need fixing immediately. They are Senate Bill 373, which regulates above-ground storage tanks, and a law that requires Secretary of State Natalie Tennant to collect fees on documents that previously were free.

The former needs to have its deadlines pushed back. The latter needs to be swept into the dust bin of history.

Legislators could take care of this at their next round of committee meetings in Charleston later this month.

Senate President Jeff Kessler, D-Marshall, and House Speaker Tim Miley, D-Harrison, asked Gov. Earl Ray Tomblin to call a special session to address SB 373 to coincide with the regularly scheduled meetings.

But Tomblin initial response was to allow the bureaucracy to arbitrarily change the law. This is ironic because the law charges the bureaucracy with promulgating rules to carry out the law -- not block it.

In the fees case, Secretary Tennant decided on her own to ignore the law and not charge fees.

That is not the way it should work.

The state constitution separates power. Legislators write the laws. Elected state officials carry them out.

The $30,000 a day that a special session is a non-issue. Taxpayers pay the state government more than $4 billion. For that money, they expect the state to follow the constitution.

Besides, businesses will shell out far more money to obey this law. The Legislature should get that law right.

Everyone vows to fight the Environmental Protection Agency for expanding its powers without the consent of Congress.

The best way convince voters one opposes the EPA is to quit acting like the EPA.

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