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The Glenville Democrat
Glenville, West Virginia
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October 21, 2004     The Glenville Democrat
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October 21, 2004
 

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Thursday, Oct. 21, 2004 -- The Glenville Democrat/Pathfinder -- Page 9B :reel, I. the ~ithin clion ,cher Jded their hrkS tion linia -23c law, tion q Ft t the Jent ~Jch )04, 1 on tny Jr. Kls nia lc )r's inia 105 nile 11" 129 of O4 llll lc 'lia O5 We es 8, of )4 18 Ic ~B rtt V [c It ,y b FACTS OF LAW By F. John Oshoway Certified Criminal Trial Lawyer by M.B. TAt. Some leases have "acceleration clauses" which allow a landlord to collect the rent for the time remaining on the lease if a tenant decides to leave before the end of the term. Under the Religious Land Use and Institutionalized Persons Act of 2000, zoning regulations that impose a substan- tial burden on religious exercise are pro- hibited, unless the government can show there is a compelling interest and there is no less restrictive way to impose the restriction. A store is under no obligation to allow returns, unless the store publicizes the right, the store offers a "satisfaction guar- anteed" promise or the buyer sees that the goods are defective at the time of the sale. "Education is the first resort as well as the last, for a worldwide solution of the problem of freedom." -H.M. Kallen, American Educator (1958) m The U.S. Supreme Court struck down the right of judges rather than juries to issue sentences of death, as a violation of a defendant's right to a fair jury trial. Brought to you as a public service by F. John Oshoway P.O. Box 156 Grantsville, WV 26147 354-9204 Natural Resources GLENVILLE CITY POLICE TRAFFIC REPORT A bronze 1986 Nissan driven by Richard L. Stalnaker, 47, left the road at Steer Run and Peach Tree and went into the creek. The vehicle sustained damage to the right side, front and undercarnage. It was towed by Drake's Garage and Towing. (10.15.04) A black 2000 Pontiac Sunfire driven by Jessica Sue Holbert, 20, left the road and hit an embankment on Holts Run and Rt. 5. The vehicle sustained damage to the front and both front sides. No injunes were repoded. It was towed by Furr's Towing. (10.13.04) A silver 2000 CheW Silverado driven by Emma Jean Trent, 27, and a blue 1994 Pontiac van driven by tulle A. Shields, 27, were damaged in an inci- dent at Rt. 33 and Alice Rd. The Silverado was damaged on the pas- senger side fr6nt and the Pontiac van was damaged on the driver's side rear. (10.14.04) A blue 1994 Ford van driven by Kendra Prunty, 30, lost control and slid on 33/119 at the bottom of Cain Hill. The vehicle was damaged on the front, driver and passenger sides, and the top. (10.14.04) GILMER COUNTY MAGISTRATES COURT Edward J. Balzer was charged with assault by the County Sherrifl's De- padment. (10.7.04) Evan Mic Cunningham was charged with a registration violation by the County Sherriff's Department. (10.16.04) Bruce C. Edgell was charged with trespassing, fishing without permla- sion and fishing without a license by the Department of Natural Re- sources. (10.2.04) Benjamin J. Mossor was charged with fishing without permiasion by the Departement of Natural Re- sources. (10.2.04) Kenneth Lee Self was charged with speeding by the State Police. (10.11.04) Richard L. Stalnaker was charged with driving under the influence, failure to maintain control, no driver's license, and no proof of insurance by the County Sherriff's Department. (10.15.04) Elbert Le Teaterman was charged with fraudulent MVI and registration violation by the State Police. (10.10.04) John Burkhammer was charged with a worthless check violation by Glenville Foodland. The check was for $31.41. Douglas Jones was charged with a worthless check violation by Glen- ville Foodland. The check was for $83.68. Nia Lee Ankner was charged with a worthless check violation by Glen- ville Foodland. The check was for $10.00. Theresa A. Foes was charged with a worthless check violation by Kline Somerville. The check was for $84.65. Joseph A. Hughes was charged with a worthless check violation by Kline Somerville. The check was for $168.95. Commission The next quarterly meeting of the Natural Resources Commission will be held Sun., Oct. 24, 2004, at 1 p.m. at Mid Mountain Lanes, 2250 Sutton Lane in Sutton, Braxton County. The public is invited to attend and to make comments. Former Normantown couple have 'more than just a 'body shop' in Weston, counsel 'souls' too At a Regular Session of the County Commlelion of Gilmer County, Welt Virginia, held at the Courthoule ~, on the $ th day of August, 2004, the following ~ was made and entered: AN ORDER PROVIDING FOR SUBMISSION OF CONTINUING EXCESS LEVY FOR CERTAIN SPECIFIED PURPOSES BY THE COUNTY COMMISSION OF GILMER COUNTY, WEST VIRGINIA Larry B. Chaoman. President: The following resolution was offered by: WHEREAS, The County Commission ot Gilmer County, West Virginia, being of the opinion that the maximum le~,ies for current expenses authorized by Article 8, Chapter 11 of t he Code of West Virginia, as last amended, will not provide sufficient funds for the payment of current eR)enses for the purpose hereinafter set forth and that an election should be held to renew the Excess Levies currently authorized for a four (4) year period, as pmvlded by law, it is hereby ordained and ordered: 1. That the puq:>o~e for which additional funds are needed is to provide funds for the followitlg: A. GILMER COUNTY COMMUNITY RESOURCES INC To provide matching funds for general expenses of opemtk>n. 2. That the amounts considered necessary for each of the above purposes, after making allowances for uncollectible taxes is as follows: PER YeAR A. COMMUNITY RESOURCES INC. SlO,OOO $40,000 3. That the total amounts consiclered necessary to carry out the above purposes, alter making allowances for uncollectible taxes, is approximately $10,O00.00 for each fiscal year, arid an approximate total $40,000.00 for the four (4) year levy period. 4. That if the assessed valuation of taxable prOg~ within Gilmar County, West Virginia, increases or decreases, the levy rates may be recalculated annually to generate the approximate amount of $ IO,0OO.00 for each year of the four (4) year levy periods in so far as the rate of this order may not be exceeded. 5. That the separate and aggregate assessed valuation ol each class of taxable property within Gllmar County, West Virginia, is as fotlo~,: Class I $ 3,545,324 Class II $ 58,771,536 Class Ill $150,505,070 Class IV $18,897,354 Aggregate $ 231,719,284 6. That the proposed additional rate of levy in cents per each $100.00 of assessed value on each class of taxable property within Gilmar County, West Virginia, is as follows: Class I .14 cents Class I1 .28 cents Class Ill .56 cents Class IV .56 cents 7. That the proposed number of years to which the additional levy shall apply are the fiscal years beginning July 1,2005, July 1, 2006, July 1, 2007 and July 1, 2008 which will not exceed four fiscal years. 8. That the County Commission of Gilmer County, West Virginia, will not issue bonds upon approval of the proposed increased levy. 9. That the question of the additional levy shall be submitted to a vote at the General Election, to be held on the 2nd day of November, 2004. 10. That notice calling such election shall be given by publication ol the notice attached hereto as Exhibit A, as a Class II-O legal advertisement, once a week for two successive weeks in the publication area for Gilmer County, West Virginia. Furthermore, such notice shall be published within 14 consecutive days next preceding the General Election scheduled to be held on the 2nd day of November 2004. 11. That the ballot to be used at the election shall be in the form as follows: EXHIBIT A: LEVY ELECTION FOR THE COUNTY COMMISSION OF GILMER COUNTY, WEST VIRGINIA FOR ESTABLISHMENT OF A COMMUNITY RESOURCES INC LEVY TUESDAY, NOVEMBER 2, 2004 An Election to authorize the proposed levy for the fiscal year beginning July 1. 2005, July 1,2006, July 1, 2007, and July 1,2008 to provide funds for general expenses of operation for: GILMER COUNTY COMMUNllW RESOURCES INC. According to the order of the County Commission of Gilmer County, West Virginia, entered on the 5th day of August. 2004. The proposed excess levy on Class I, Class II, Class III, and Class IV property is listed respectively following the purpose for which it is intended and is as follows: Class I Class II Class ltl Class IV GILMER COUNTY COMMUNITY RESOURCES INC. For general expenses of operation 0.14 0 28 0.56 0.56 TOTAL LEVY RATE 0.14 0.2B 0.56 0.56 INSTRUCTIONS: Those favodng the continuing levy shall vote :FOR THE LEVY." Those against the levies shall vote "AGAINST THE LEVY." IT IS FURTHER ORDERED that a copy of this Order be delivered to the Clerk of the Circuit Court of Gilmer County, West Virginia, in order to provide for the proper preparation of the issue on the ballot. The adoption of the foregoing order having been moved by: Charles D. Hess, Commissioner and duly seconded by Reta Kight. Commissioner. the vote thereon was as follows: Larry B. Chapman, President Aye Chades D. Hess, Commissioner Aye Reta Kight, Commissioner Aye WHEREUPON, Larry B. Chapman, President, declared the said Order duly adopted; IT IS THEREFORE ADJUDGED AND ORDERED: That the said ORDER be, and the same is, hereby adopted; AND IT IS FURTHER ORDERED: 1. That the notice attached hereto as Exhibit A, be published in the manner set forth in 2. That a copy of this ORDER be forthwith delivered to the Clerk of the Circuit Court of above ORDER; Gilmer County for preparation of the ballot. THE COUNTY COMMISSION OF GILMER COUNTY, WEST VIRGINIA Larry B. Chapmaa, Reta Kight, Commissioner Charlea O. Hess, Commkmioner B=w=rly Marl~, Clark of the County Commiasion of Gtlmm, County, Welt Viqlinia Legal Cim I1-.O 2t 10-2e By Janet Goodman and as he uses only quality paints made by Sikkens, these ............................................................................. -~ ............................................................................................. Weston Correspondent factors have combined with his expertise workmanship INVITATION TO BID Corrected Gtenville State College invites p~la to Three short years ago, on Easter Sunday, Stu Goodman enabling him to offer a guarantee on all paint work that is PROPOSED CONSTITUTIONAL AMENDMENTS TO APPEAR ON THE NOVEMBER 2, 2004 provide all Work, including but not Itmited to and his family left their home in sunny Sacramento, good "for as long as you own the vehicle." Customer GENERAL ELECTION BALLOT labor, matedalsquipmontsuppllasandtrarr=por- California, to start a new life here in West Virginia. He felt satisfaction is a priority at Answered Prayer, and all tationtor: Amendment 1: "Veterans" Bonus Amendment of 2004" Hetlin Student Union Renovation a calling from the Lord to make West Virginia his new insurances are welcomed. . Proposing an amendment to the Constitution of the State of West Virginia, authorizing approprla- Glenviile State College home. Answered Prayer has lately branched out a bit, selling lions and the issuance and sale of additional state bonds in an amount not exceeding eight million 200 High Street Leaving behind a secure job at a large Ford dealership, spray-on bed liners in both the new tint-able colors .and dollars for he purpose of paying bonuses to certain veterans or to relatives of ceetain veterans; Glenvflle, WV 26351 a growing church famjly~.Pf 1,200+, an(J m0ny friend.~and :-. c!em'.~Jso, sevi~ral cars around Weston are now spo~ng nurnbedng and designating such proposed amendment; aftaf~0~lI~ti'~~ed'/~fe/~nbn]~f All Bids must be submitted in accordance such proposed amendment: ..... wflll It~e Blddlng Oocuments Issued by the Amhk H I'- ,~ l~Otl t ~J~EI1 1) ~tWOIlO family, the Goodmans made their w a~ F_,asl;6qlie,)tig that :-custom, gr~ics that nave been done, by Stu. ~verymmg The amendment shell read as lotlows: ........... ~""' ~ tect and ffm Rm:luest for Ouotaborm. Bidding thiswas God's plan~for them."' ' ~ from Chameleon flames to total vehicle "make-overs," VETERANS BONUS AMENOUENT Ooouments may be obtained from: The Goodmans lived out in Normantown with their groundeffectsandevenVictory'scustom-designedchurch (gow~vo, AfghanJltan, endlraq) WTWArchiteots The legislature shall provide by law, either for the appropda~on from the general revenues Of the ~r COUrt threechildren,makingthedriveda-ilyfromGilmerCounty van have all been done at APCC during the last few ~tate~r~rthelasuanceandsa~eofstetabonde~whiof|~a~be~neddiu~ntoal~eretatebonde 127 Anderson StreeI toWeston for over two-and- months, heretofore issued, or a comlMnation of both as tt~ Legislature may determine, for the puqxxm of PlttM~r~, PA 15212-5801 a-half years, almost 100 But Answered Prayer is paying a cash bonus to: TEL:412-321-O550 miles a day. They found a ~i!i!:i: : i !:!! ii so much more than,,just ain ~raq~(1)~eterans~thearmed~rces~th~nitedStateswhoe~rvedonactivedutyinaraas~fconfllctor were members of reserve components called to active duty by the President of the United FAX: 412-321-2431 ~ :~ A $100.00 nort-refundebla deposit is required church in Weston, and be-7:::.ii:~i~i::i~7:~ great body shop. While States~nderT~1~Unite~Sta~sC~desection123~1~123~2~123~3~r123~4duringthe~raqi~ar~ tor each set. Bidders and materlat suppliers mey gan worshipping and serv-::~:;~ God has blessed us with the between the nineteenth day ~f March~ tw~ th~usand thrae and the date determined by the Prasldent procura additlonal sets at actual cost: Ordy corn. ing at (what is now) Victor)' means to support our fain- or Congress of the United States as the entl of the involvement of the United States armed forces in plete sets will be issued. Iraq, both dates inclusive; or: A mandatory prebld meeting Ls scheduled Assembly of GOd. In April~+:m :::: ily and raise our children, (2) veterans, active service members, orm~rsofreservecomponentsofthearmedforcesof for:. 2002, God blest them with a " ..... He has also blessed us with theUnitedStates~wh~served~nactive~utyin~ne~fthemi~itary~perattonsf~rwhichhe~rshe Time: l:0Opm baby boy, David Elijah. a much greater opportu- Stu ran the body shop at ~ the Weston Ford dealership for almost two years, meet- ing many folks from Giimer, Lewis, & the surrounding counties. He established a reputation for himself as a man of honesty,integrity and quality work. On April 1, 2003, Stu started his own shop, An- swered Prayer Collision . Center, located right behind Dairy Mart. (Yes, his wife, Janet, teased him a little about starting such a impor- tant venture on April Fool's Day!) But, Stu knew what he was doing, and has had a wonderful first year as a small business owner. "Answered Prayer got its name because, first of all, we want to boldly declare our faith, secondly, we aim to have a shop that is an answer to both our prayers and yours," he explains. Stuhas invested in state of the art equipment, like a bake "booth that actually bakes the paint on just like the factory, EARLY VOTIN received a caF~oaign badge or expeditionary medal dudng the periods hereinafter described. For purposes of this amendment, periods of active duty in a campaign or exped~ion are designated as nity," Stu says. : the conflict in Kosovo between the twentieth day of November, one thousand nine hundred ninety- "We look at Answered five and the thirty-first day of December, two thousand, both dates inclusive and the conflict in Date: November 4, 2004 Place: Heflin Student Union Lobby Attendance is MANDATORY. All bidders MUST attend the prebld meeting to farnW~dze themselves with the Project location, site ondl- tions and other relevant information Should any bidder fatl to attend, the Bid will be disqualified. Please refer to specification Section 01010, Summary of Work, Paragraph 1.5, for Liquidated Damages that apply to this Contract. Sealed Bids will be received by the OWNER at the tollowlng Iocetlon until 2:00 pro, on Novern- bet 18, 2004, in accordartce with It~e Inetmotions to Blddera, the Sul~iementary Irtstmotlo~ to Blddam and Rsquast for Quotation Chief Procurement Officer Purchasing Department Louis Bennett Hall, Room 123 Glenvllle State College Prayer as an extension of Afghanistan, between the seventh day of October, two thousand one and the date determined by the our ministry unto the Lord. President or Congress of the United States as the end of the involvement of the United Statea armed forces in Afghanistan, both dates inclusive. For purposes of this amendment not more than one bonus When you arc your own shall be paid to or on beheff ot the service of a veteran, lnordertobaellgtble toracelve abonus, a boss, you can take the time veteranmusthavobeenabona~deresldent~ftheStateofwestVirginiaatthet~me~fh~s~rherentry to pray witha customer who into active service and for a period of at least six months immediately prior thereto; and has not been separated from service under conditions other than honorable. The bonus shall also be paid to any is upset over an accident or veteran omermse quaimeo pursuant to mm ameooment, who was omcnargeo ~ ninety clays alter dealing with a long-term enteringtheermed~orcasbecause~faservice~c~nnecteddisabllib]~Theam~Unt~fU1eb~ussha~ illness. You can also take be ~x hundred dollars per elig~le veteran who was In active service, Inside ~ combat zone in Kosovo, Afghanistan or Iraq as designated by the President or Congrose of ~ United States at the time to listen and re- anytime dudng the dates specified herainabove. In the case of the Iraqi War and the conflict in joice with someone who has Afghanistan, the amount of bonus shall be four hundred dollars per eligible veteran who was tn active had GOd answer his or her servIce~utsidethec~mba~z~nedesignatedbythePreeldentorC~ngress~ftheUnltedSta~eadudng the dates specified herelnabove. The bonus to which any decreased veteran would have been prayers." Stu has spent entitled, if living, shall be paid to the following surviving relatives of the veteran, if the relatives are" STU GOODMAN HARD AT WORK many lunch breaks praying residents of the State when the ap~ication is made and it the relatives are IMng at the time payment 200 High Street Glenvilte: WV.26351. for, or with, customers who ~ made: Any unremarried widow or widower, or, if none, all children, Stepchildren and adopted Glenvllia State College children under the age of eighteen, or it none, any parent, stepparent, ~llve parent, or person Legal Class 11t 10-21c just needed some Godly encouragement, and celebrating stand~ngin~cOparents~Theca~ag~ries~pers~ns~istadshallbe~rea~edas~rat~cetagortesllsted ..................................................... with those whose needs have been met. "We in~rdarof~ntitiementandwher~thereism~rethenon~mernber~aclass~|hebonusshallbepald Two flood-closed- In conclusion, Stu Goodman states: have felt to each member according to his or her proportional share. Where a deceased Veteran's death was thank connected with the service and resulted from the service during the time period specified, however, State Parks reopen welcomed by the people of Gilmer County, and wc the entitlement, the sum of two thousand dollars in lieu of any bonus to which the deceased might have you! We know we are blest to be raising our children in peen eofmed if living. The person receiving the bonus shall not be required to include ~ bonus as such a great place. As we celebrate the birth of our fifth income for state income tax. child, a little girl we named Stormic Grace, we are also The ~amount of any bonde issued for the purpose of paying the bonuseS provlded forin this amendment shaft not exceed the principal amount of eight million dollars, but may be funded or excited tO see what the furore holds for our family, for refundadeither~nthematuritybates~fthebondsoronanydate~nwhIc~thebendsarecalleb~epri~r Answered Pra' tel our church andour community." " The County Clerk's Office will be open additional hours for early in-person as follows: 555(; Ford Backhoe, 4WD ............................... s17,500 5210 John Deere, 45 HP+ w,q_o~der ................. =17,000 7610 Ford, 85 liP, 4wd .................................... $14,500 585 Case International, 54 HP, Diesel, 4WD..s12,500 New Forte Self-Loading Bate Wrapper w/Baie Hugger Pkg. Deal ......................... =11,900 3910 Ford, 2WD, 45 HP .................................... '11,900 580Case Backhoe, Diesel .................................... ~11,500 4100 Ford,52 HP,Diesel,w/1200 h~rs ................ qi,500 5~ Case Backhoe .......................................... 'SJ~~00 4600 FOrd, 52 HP, Diesel .................................. 37,$00 530 Hesston Round Baler .................................. =6,950 t85 Aflis Chalmers, 75 HP, Diesel, w/Full Cab.?6,800 to maturity, and if any of the bonds have not matured or are not tt~n callable prior to maturity, the Legislature may neve~heless provide at any time for the issuance of refunding bonds to fund or refund the bonds on the dates when the bonds mature or on any date on which the bonds am callable prior to maturity and for the investment or relnvestment of the proceeds of the refunding bonds in direct ,obligations of the United States of America until the date or dates upon which the bonds mature or are callable prior to maturity. The principal amount of any refunding bonds issued under the provisions of this paragraph shall not exceed the pdnoipal amount of the borids to be funded or refunded thereby. The bonds may be issued from time to time for the purposes authorized by this amendment as separate issues or as combined issues, Whenever the Legislature shall provide for the issuance of any bonds urKler the authority of this amendment, it shall at the same time pmvlda for the levy, colleotion and da~cation of an additional lax, or enhancement to another tax as the Legislature may determine, tn an amount as may be required to pay annually the interest on the bond| and the principal thereof within and not exseeding Saturday, October 23, 2004 9:00 am to 5:00 pm Beech Fork State Park in Wayne County, which was closed Sept. 20, due to recent high water and inclem- ent weather conditions, has reopened most of its areas to the public. Two of the four compgrounds, Old Orchard and Lakeview, have reopened. Four Coves camping area will reopen as soon as cleanup recovery from the flooding is completed. Moxley Branch camping area is closed for the season. The deluxe cabins at Beech Fork, which are undamaged but were cut off for a time by high water, are also fifteen years, and all taxes or charges so levied shall be Irrevocably dedicated Ior the payment of the principal and the intereet on the bonda untll the pdncipal of and interest on the bonds are finally pald . open for rental and are available year- and discharged and any of the covenants, agreements or provisions in the acts of the LeCture round. Forreservation informationat levying taxes or charges shall be enforceable in any court of competent judediction by any of the Beech Fork State Park, call (304) 528- holdersof saldbonds.AnyravenuegeneratedinaxcessoftmtwhicnisraoJired to pay the bonuses 5794 or 1-800-call %WA and ask for herein and to pay any administrative cost associated with the payment Shall be used to pay the principal and interest on any bonds issued as soon as is economically practicable. Beech Fork State Park. Additional TheLagisla~rashallhevetl.mpuwert~enaot~agitaa~onnecetmaryandpr~perto~mp~ementth~ information about the park is avail- provisions of this amendment: Provided, That no bonus may be issued until the Governor certlfiel able at www.wvstateparks.com. a fist of veterans and relatives of desceased veterans e~ig~e to receive such bonus to the L~ture ' 543 Botxal. 30 HP+ Diesel ................................ ?6,000 at any regular or ebeclal session of ttle Legi~ature as the Legislature will provide by general law. Blenerhassett Island Historical State ~lew, T,3P0~mBa~t~oew/Pump ......................... s4,~TS Stw.n proposed amendment is hereby numbered" Amendment No. 1' and dasi0nated a, the Park in Wood County will be re- 8-6200 Kut~ta, 4WD, 20 HP, Diesel ................... ~4,700 "Veterans Bonus Amendment of 2004," and the purpose of theproposedamendment is summarized opened tothe public on a limited basis ~w 8 1/2 x25' Gooseneck Traiier w/Dove Tail.. +4,500 as follows: "To amend the State Cor~lltution to permit the Legislature to appropriate general revenues 445 New Hob)and Sk;d Steer Loader. " or setlstatebonds for thepayment of bonuses anddeath bonetltstoveteransof the confllctslnKoeovo, beginning Thur., Sept. 30. It had been 30 HP. Gas ...................................... s4,000 Afghanistan and Iraq or to their relatives, and to impose or increase a tax to pay for the bonds," closed Sept. 20, because of flooding 2000 Ford. 38 HP Gas ................................ s4,200 Joe Mancmn I. from the Ohio River. The park will he S~naary of Sill ~n for access to tile mansion and for John 0eere 60. 2 Cyl, Gas ............................... *2,950 Lagal Clela 1 It 10-21 si e Deliv P.a e ................ ' ,tl00 .................................................................... ___ ................ l,a$on rides only. Flooding has dam- aged most of the other structures on the island, including the gift shop, *** ~'~ ~ I - All scheduled bus tours and tour group -- trips will be honored, but there will be Love is a fruit in season at all ~ -- no food service on the island, although times, and within reach of every " food will be availabk, on thc transport hand. ~ (1')~,) ~) ~ boat. Anyone wishing to visit the is- -Mother Teresa ~ land should phone ahead to (304) ***., 420-4800 to get currept information Saturday, October 30, 2004 9:00 am to 5:00 pm Early Voting in-person will be conducted in the County Clerk's Office from October 13, 2004 through October 30, 2004, at all times when the office is open for regular business.. Beverly Marks Clerk of County Commission I II