MARCH 7, 2003

NEW TREAT IN CLAY
FOLLOW UPS
DID YOU KNOW
Letter to Brother Bill
CHATTERS
Senator Randy White’ Report
Legislative Update
CLENDENIN LAWSUITS FILED
BDA CHAIR FIRES UP
Pursuing Freedom By Jim Chafin
Bugler Bill Passes
MAGISTRATE REPORT
TIDBITS
SHORT SHORTS
POLICE BLOTTER
True Blue
Just Thinking
BOB CLARKE Curmudgeon’ Corner
SHOW DOWN IN PSD LAND
Christian Service Center News

NEW TREAT IN CLAY

        In the movies, the coyotes heard howling in the distance are always portrayed out West somewhere. That’ not the case anymore. Locals have felt the presence of the Eastern Coyote here in Clay County. One lady reported feeling threatened by four of the carnivores in February. New hunting laws went on the books January 1, 2005 to control the emergence of the predators.
         Here’ some background info gathered from the WV DNR and a national trappers association web site: Coyotes are widely distributed throughout the United States. Efforts to contain wild populations of coyotes have been only "temporarily" successful in spite of bounties, poisons and a total lack of protection in many states. This species is very adaptable and they can thrive in forests, farmlands, prairies, mountains, deserts, and swamplands.
         Coyote populations know exist in 46 states. Coyotes can adapt to populated areas, and thousands of coyotes living within the city limits of Los Angeles have led to severe management problems. Coyotes frequently howl at night when they are not severely persecuted. Coyotes are wild canines, with dog or wolf-like features. Weights are slightly heavier for males, with average weights in the western states of about 30 pounds for males versus 25 pounds for females. Coyote immigration impacted the eastern states in the early 1950's and the eastern coyote is now recognized as a true breeding subspecies of coyote. The eastern coyotes do attain larger body weights than western coyotes, and this may reflect hereditary traits as a result of cross breeding between northern coyotes and eastern timber wolves.
         Weights of over 60 pounds have been recorded for some eastern coyote males, although the majority weigh between 30-35 pounds.
         Coyotes have 42 teeth including four long incisor teeth. Eyes are yellow or amber, with round, black pupils which indicate that coyotes were probably daytime hunters before man began persecuting the species in earnest. Guard hairs on a coyote pelt are about 3 inches long on the back, and 5 inches long in a patch between the shoulders known as the "mane" or "hackles". Coloration varies with individuals and sections, with most coyotes being mottled grays with lighter colored bellies. Brownish and reddish colors also occur commonly in areas, and melanism or black colors occur more rarely.
         Punkineer and Procious area resident Celia Coon had an encounter with the animals in her yard. Her son Thomas experienced coyotes first hand during the first day of squirrel season this year. We interviewed Ms Coon March 3rd and provide these excerpts from that conversation. Ms Coon, “ couple weeks they were right here below the house near the edge of the woods. They were howling and screeching back and forth at each other… I went out to start the car and heard them… I thought they were wolves…. I went back in the house and told the kids, ‘id you all not hear my beeping the car horn?’… I was afraid! I didn’ know what those things would do!…. They weren’ very far away.”
         Ms Coon said her dog went down there to scare them off, “ike he was going to chase them off. When he found out what they were, he turned and run right into my front door on the porch. He was afraid of them!”Coon guessed there were up to four coyotes during that encounter.
         Coon got a pretty good look at them, “hey looked a little bigger than a German Shepherd or the same size as a German Shepherd. They were gray, black and white, a mixing. They were howling back and forth. Maybe one of them was in heat or something. I didn’ know if you could shoot them or not. I didn’ know if it was legal or whatever.”
         Are Eastern Coyotes harmful? Ms Coon blames coyotes for the loss of her cat. “e came up missing about the same time.”Coon says when the coyotes return she plans to shoot them. Other sightings were mentioned, “ther people say they have seen them. One guy over on Twistabout said he saw one. They scared me. I didn’ know what they were doing. I couldn’ find the car keys and came back to the house to get the keys. I just thought the dag-gone things were going to get me.”
         The West Virginia Dept. of Natural Resources issued a news release March 4th on the Eastern Coyote which included: The eastern expansion of the coyote was probably a result of the elimination of its ancient foe, the timber wolf, and the establishment of the deer herd in the east as a food base. The coyote is an adaptable animal and there may be more coyotes today than there were in colonial times.
          It has been said that the coyote’ favorite food is anything they can chew. The coyote is a carnivore that is able to adapt to the available food supply. The coyote is a significant predator of both wildlife species and farmer’ livestock. Primary wildlife species that the coyote prey upon are white-tailed deer and small mammals such as rats and mice. Their diet also consists of rabbits, groundhogs, ruffed grouse, turkeys, chipmunks, squirrels, muskrats, fruits, berries, carrion, and the occasional house cat.
          While the coyote is a significant predator on wildlife populations, it should be noted that predation is a natural part of the ecosystem. The addition of the coyote to the ecosystem can change ecological balances of predator and prey species, but it will not eliminate other species from the environment. Predators serve a valuable function to keep prey species in balance with their habitat. Rodents such as rats and mice would be soon out of control without predators.
         A second DNR news release came that same day and included: the coyote has expanded its range into most of the eastern states, including all 55 counties in West Virginia….. The West Virginia Division of Natural Resources has taken several steps to assist landowners in their efforts to target depredating coyotes and provide sportsmen and women with liberal hunting and trapping opportunities for coyotes. Coyotes are very adaptable and have the remarkable ability to survive despite heavy hunting and trapping pressure and other predator control efforts. One thing is certain – the coyote is here to stay in West Virginia. We will need to learn to adapt to living with coyotes, and that includes enjoying liberal hunting and trapping opportunities afforded by this adaptable animal.
         Clay County Sheriff Holcomb advanced his thoughts on the problem. Sheriff Holcomb, “f a coyote was in my yard, as far as I am concerned, they are a pest and a nuisance. If they were in my yard, I would shoot them.”Although in the same genus, coyotes are different than a dog and the rules are different. Holcomb, “ dog is a domestic animal, it’ somebody’ pet. A coyote is a wild predator and runs loose.
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          As far as I know, there is no season or any kind of limitations on coyotes. You can kill them at will even at night time with certain limitations.”
         Holcomb confirmed the county sightings. “ do know friends of mine have bought special calls and callers and lighting equipment with an amber lenses for night time. They tell me they are restricted to a 22 caliber rim fire rifle if they are spotlighting them with an amber light. Now in the day time there is no season or limit. You can use any kind of gun you want to use. As a matter of fact, the DNR was assisting some kind of outdoor adventure group in the county last week trying to film the shoot. …. People have told me, I haven’ seen it, they tell me it’ almost an epidemic now. You can go out on about any of these ridges and call a coyote.”
         If you feel threatened, do you shoot it? Holcomb, “es. Absolutely. Your domesticated animals… we have had lots of reports of domesticated animals missing. I think in this case, coyotes are killing peoples’animals and so does the DNR. They feel these coyotes are eating cats and dogs.”
         In an early winter WV DNR press release comes this: The coyote is now a permanent member of the fauna in West Virginia. Although the coyote is a significant predator on wildlife in West Virginia, it is a part of the natural ecosystem. The coyote takes a proportion of fawns in West Virginia, but in many areas this predation may be beneficial to the health of the deer herd. Since the coyote is still colonizing areas in West Virginia, potential densities of coyotes and thus potential impacts are unknown. Coyotes have stabilized at densities in mid-western states that are not threatening to other wildlife species. The coyote is an adaptable predator that despite years of persecution has survived and even expanded their range. Predator control of coyotes because of wildlife predation is unwarranted and unnecessary. Predator control of coyotes preying on livestock should be restricted to targeted animals. Although bounties have been liberally used on coyotes in the west, no bounty system has ever worked. Liberal trapping seasons for the coyote should continue. Methods to encourage the sport of predator calling and means to target the coyote as a furbearer and game animal should be explored.
         Heck, we thought the only coyotes in the county were the two legged variety and elected to office. Wrong! We’e not wrong on another point, both are dangerous and hard to get rid of!                                
                 AW
         

         FOLLOW UPS

                 Since the February 15th Board of Health vote to ban smoking in public settings, locals have been examining the paperwork. An uproar is developing on several fronts. Here’ a couple for instances:
          During the February meeting, the public was told Bingo Halls were exempt from the ordinance and smoking would be permitted in the Lion’ Club building on Main Street. After examining the paperwork more closely, that exemption may be troublesome. Here’ the deal. True, the Legislature carved out an exemption for nonprofit’ with gambling activities, but in the Clay ordinance minors are not allowed in any place where smoking is permitted. In Clay County, parents often bring their kids to Bingo games and high school groups use the setting to sell refreshments and make some hard earned cash for their activities. If the parents and grandparents can’ bring the rug rats, they may very well stay home crippling the fundraising activities of the Lion’ Club. High schoolers can loose hundreds of dollars a year in needed funds, too.
         Private business owners have become vocal on what they are and aren’ allowed to do in the private offices and backrooms. A close look at the ordinance also prevents smoking in any business vehicle during or after business hours. Entrepreneurs that use their private vehicles for business are expressly forbidden from smoking even during off hours and trips to the grocery store. Both the smoker and business owner are liable for breaches in the new law. If the Smoke Czar (Health Dept Septic Tank inspector Jay Carper) finds an ash tray in a place of employment, if he sees someone smoking within 10 feet of the front of a building, or if Joe Business Owner is seen smoking in the IGA parking lot while the wifey is inside buying a loaf of bread, out with the ticket book and a $1000 citation can be issued!
         When the smoke Czar enters a business and takes the ash tray for evidence, don’ try any resistance, that’ another violation of up to $500 plus court costs. Don’ stand outside a business and light up! Both the smoker and the business can get a $1000 ticket and court costs.
         They say Clayberry is 20 years behind the rest of the world. That might be true this time. Down in Charleston, the Senate and House have introduced legislation to strip Health Boards of smoke ban law making power and give the power to change smoking areas to the Governor. While we’e implementing unreasonable laws, Braxton County just voted to reduce the affects of their anti-tobacco ordinance. During the most recent Town Council meeting, discussion came on a much less restrictive smoking ban with comments on loss of personal rights and freedoms.
         Unless locals unite and come out in force for common sense changes in the Smoking Ban ordinance, the new law will go on the books May 18, 2005.
         

         ??? DID YOU KNOW ???

         

1.        Love your enemies - it confuses them. 2.        Admissions at CAMC were 4 percent higher in 2004, compared to 2003. 3.        Power plants released 90,370 pounds of Mercury into the air in 2002. 4.        The College Board reported that 2,139 West Virginia students earned grades of 3 or better on a 5-point scale in 2004. 5.        Dates are the sweetest of all fruits, with up to 80 percent sugar. 6.        The world’ population will increase by 40 percent to 9.1 million in 2030. 7.        Too much salt causes about 150,000 early deaths every year. 8.        West Virginia will likely get less in federal funds this year than in 2004. Last year the state got only about 22 million compared to 44 million in 2000. 9.        About 43 percent of all treasuries and bonds are held by foreigners. 10.         Last year Toyota sold 2.6 million cars and trucks in the U.S., up 10.4 percent from a year earlier. 11.         In 2003, 61 percent of American teenagers ate an evening meal with their families at least five nights a week, as opposed to 57 percent in a 1998 CASA study. 12.         Sales of video games last year totaled 7.3 billion, just 2 million less than movie box office receipts. 13.         Most of the experts say that between 2011 and 2015 every household will have a robot doing chores. 14.         About 1 million people this year will learn that they have gallstones. 15.         In West Virginia more than 25,000 people have some type of serious vision impairment. 16.         In 2004 more than 23 million copies of recorded and brail books were shipped to nearly 800,000 people. 17.         Americans spent an estimated $34.4 billion on products for their pets last year. 18.         In 2003 glacier wastage added 73 trillion gallons of new water to the oceans. 19.         In the United States, about 800,000 children are reported missing every year. 20.         The men who try to do something and fail are infinitely better than those who try to do nothing and succeed.                                 LMM Letter to Brother Bill By Evelyne McLaughlin Dear Bro. Bill: I hope this note finds you fat and sassy. With all the controversy over the "no smoking" ban, a friend of ours has a solution to the problem. They are thinking about opening a private club, “he Smoke and Joke Cafe.” Membership will be $20.00, with the first two meals free. Menu will consist of lots of West Virginia grub including coconut cream pie, pinto beans and creamed tomatoes. How does that sound? Then you can smoke and joke until the wee hours of the night. But, you must bring your own spittoon if you plan to chew. Several folks are ailing in our neck of the woods. I hear that Don Gray (Little Laurel Road) has recently undergone surgery. Others are: Bill Hanshaw, Cathy Runnion, Nadine McKown, Linda Deems, Rheeneta Bennett, Mary Donohue Workman (broken leg); all need our prayers. Alyce Faye Bragg is recuperating from gall bladder surgery (this was after she broke her ankle!) I have talked with several folks from the class of 1955 concerning our reunion. Ann Dawson Wood, of Texas, called. Others I spoke with were Charles Raymond Douglas of Ohio, Mabel Payne of New York, Lee "Bud" Ferrebee of Nebraska, and Thomas Friend of Florida. Cordelia Neal Hall (1955) sent me an e-mail from California. It seems our classmates are scattered from here to yon. Harlan Hensley (1956), of Pennsylvania, called this week. He tells me his family is well. I was sorry to learn of the death of Dorothy Kearns. I do not know her married name. Our cousin, Hazel Samples Stephens, of Fayetteville, N. C., is moving to Texas. She has been visiting with her son, Jerry, since last October. Cousin Hazel will be 86 this coming May. I spoke with her last week. She is always so jolly. Aunt Delphia O'Dell, of Ovapa, is spending some time with her daughter and son-in-law, Howard and Mary Ellen O'Dell Friend, of Cottageville. Dixie called and told me she had names for my new babies (sheep). She said one would be Bo and one would be Peep. That should be easy to remember. That reminds me of a happening when I was very young. Mom made me some drawers out of black flannel. Our city cousins, from Dunbar, came to visit - they called me BoBo. Well, somewhere along the line, one of them noticed I had on black drawers. They ran into the house and told their grandmother "BoBo has on black drawers!" Needless to say, Mom did not put those "black drawers" on me again. I will probably think of that incident when I call for Little Bo. Do you recall when we visited Uncle Enos down on Laurel? He had some bee hives and you "rocked those little houses." Yep, the bees were not happy. It didn't take you long to make it to the big house. I need to get in touch with the following folks concerning our '55 reunion: Delbert Hamrick, Glenna Bragg, Gladys Smith, Charlene Morton, Clementine Spencer, Sylvia Tanner, James Donohue and Gilbert Adkins. I need e-mail addresses, phone numbers or addresses for these folks. Hello to Maxine Shafer, Bud Eagle, Jean Jarvis, the king's men and women, Gracie Carper, and Virginia Boggs. A word from the wise old bird (all are copied): Nobody cares if you can't dance well, just get up and dance; never lick a steak knife; never, under any circumstances, take a sleeping pill and a laxative on the same night; it doesn't take a very big person to carry a grudge; and, every path has some puddles. And, until then, HELP US ALL TO BE BRAVE.                                         Love, Sis VCHATTERS Dreams in Nightmares          Sleeping peacefully, I dreamed I had finally quit smoking, lowered my cholesterol, lost weight and exercised into a size 8. Healthy, happy, and nicotine free, I am busily packing my bikini to go on a tropical vacation with the money I saved since quitting cigarettes. It felt so good. People were no longer suffering and dying from my second hand smoke.          Alas, it was not to be. On the way to the airport a car driven by a nonsmoker who took her eyes off the road to check her make up crashed into my car and killed me. Why, oh why, didn’ someone ban those nasty ole cars?          Linda (Morehead) Jarvis                    —————————————          Dear Senator Shirleyand Senator Randy White,                     Please vote in favor ofBill No. 46 that was written by Senators Bailey and Weeks.Although I am not a smoker, I do reside in Clay County and am appalled by the actions of our local Health Department.This group is tromping the rights of citizens and business owners alike with their anti-tobacco position.           I feel that SB 46 would be a good bill because it will stop this misuse of authority and put the decision back on the business owner to prohibit smoking.This would also let the citizens choose to patronize an establishment or take their business elsewhere.           As aRegistered Democrat, I felt I had to offer my opinion to the State Senators that are elected by Clay Countians.know I can rely upon you gentlemen to do the right thing in supporting SB 46.           Thank you for all your good work on behalf of West Virginia.                  Sincerely,                  Christy Keen                  5940 Big Otter Hwy., Ivydale, WV 25113                    ————————————————-          Forwarded by Denise Taylor                     Congresswoman Shelly Moore Capito was recently photographed holding a town hall meeting in Elkins on Social Security. Same drill in Dunbar. Problem is only a handful of those attending these media events actually live in West Virginia. Reports have it that most of the people packing the meeting are from out-of-state. Instead of calling it a town meeting Congresswoman Capito ought to call these well-financed events, "Hype with a Little Help from My Friends".           Maybe she can hire Joe Cocker to warm up the crowd.          President Bush promised to throw $250 million in advertising to convince us all we'd be better off if we just let him wreck Social Security too - and here comes the flood of cash to prove it. After all people, we're on a deadline here. Wall Street and financial planners are waiting in the wings salivating for that new revenue stream to be forced into play. Did we mention that Congresswoman Capito is married to one of those planners?           The strangers among us are part of a national campaign being sold by a broad national coalition of leading business and industry groups with yet another disingenuous name "Generations Together" carefully selected to sound like you ought to sign up right now. While it might have a nice ring it has a nasty sting.                     Among the leading boosters trying to bust Social Security – CoMPASS, Business Roundtable, the U.S. Chamber of Commerce, National Association of Wholesaler-Distributors, Alliance for Worker Retirement Security and 60 Plus Association – all organizations who've been wreaking havoc on our economy and social systems for over ten years now. Beware of these sheep. They are not the nice guys they appear to be and they don't have your best interests at heart when it comes to protecting Social Security.          Its shameful Congresswoman Capito would stoop this low just to cheerlead on behalf of another bad Bush plan – dismantling Social Security. Social Security is not a crisis looming. It is one of the few remaining guaranteed retirement programs left to working American families. If Shelly wants a real dialogue she really should consider having it with people who live in West Virginia. Perhaps she's afraid of what she will hear.          More Chatter                     “ig Brother”in all its glory! I cannot begin to express my outrage, provoked by the actions of the Clay County Board of Health at the meeting held on February 15. These people were not on the ballot to be elected as representatives of me. I had no voice in their appointment to serve on the Board of Health and they certainly saw to it that I had no voice regarding their ban on smoking. How dare they? How can they possibly know how many people were for or against the ban?           To deny me 3 minutes to respectfully disagree with the “an”– that’ wrong! As a private business owner, I challenge the Clay County Board’ right to tell me what I can and cannot do in my establishment. I pay the bills; I decide what is and is not acceptable conduct within my business. I am a smoker but I do not advocate smoking. I don’ recommend it to anyone; however, it’ not my business what other people choose to do. My customers consist of both smokers and non-smokers. They come to my business and pay for the services I perform and not one has complained because smoking is permitted. That’ not to say that some have chosen to go elsewhere because smoking is allowed here; but that’ their choice. I am not going to tell a paying customer to go away because they smoke after a non-smoking customer has been asked if smoke bothers them and they say, “o, it doesn’, go ahead and smoke.”           Get real, people! I personally am offended when I’ in the same restaurant, grocery store, beauty salon, or any other place, public or private, when parents bring in their children they have not taught how to behave, and also when I’ in the same area with someone who has never become acquainted with soap, water, or deodorant. Should they be “anned?” To be seated in a restaurant just having my meal placed on the table and someone is seated next to me and pulls out their hankie, and blows their nose – PULEESE, seat me next to the smoker who has sense enough to go to the restroom, somewhere, anywhere else to blow their nose! That should be “anned.”           Now, to my fellow smokers, stop throwing your cigarette butts on the streets and in front of private businesses, government buildings, etc. I get tired of sweeping up your mess from the front of my business so I cannot imagine how disgusted a non-smoker feels when they see the mess, or worse, have to clean it up.           Considering the current conditions in our world, our nation, our state, our country, and our town, it’ hard for me to comprehend why anyone would lie awake at night worrying about disease, death, and discomfort from exposure to second-hand smoke. Germ warfare, dirty bombs – now, that scares me.           It’ not too late for the health board members to come from behind their smoke-free walls and come face-to-face with the public they profess to be protecting before the only thing they really accomplish is turning law-abiding citizens into criminals. The Clay County Board of Health’ rights end where mine begin.           I’e been told it’ not wise to have my opinion out there for all the world to see because it will make me and my business a target. All I can say is: Oh well, aim carefully and make the first shot count because I will not be intimidated into silence. Anyway, I’e been referred to as a lot of different things, but, to my knowledge, being wise is not one of them.                    Linda (Morehead) Jarvi                                        Senator Randy White’ Report           In times of war, America has a history of relinquishing its civil liberties for a perceived increase in security. The Sedition Act, passed under President John Adams’administration, was possibly the biggest attack on American civil liberties. It took away the First Amendment right of free speech by prohibiting written or spoken criticism against the government. At that time, federal lawmakers were uneasy with the French Revolution and its supporters living in the United States. The government was young. The threat from foreign powers was still a viable issue which influenced policy. Since the September 11th attacks, we have been fighting a global war against an ideology of hate. However, there has been another war on our home front. A struggle between the rights of our citizens and the right of our government to protect its citizens. Shortly after the biggest attack on American soil, Congress passed the USA Patriot Act. Its intention was to make it easier for law enforcement officers to gather information on suspected terrorists so that another plot against the United States could be foiled before it materialized. Its effectiveness has yet to be measured even though another attack has not yet occurred. However, giving too much power to the Department of Justice to gather information lends itself to abuse, possibly to the extent reported about at the Abu Grahib prison in Iraq or Guantanamo Bay, Cuba. But, this is interrogation of our own people not foreign nationals. What if the agency gathering the information is incorrect and the citizen has no terrorist ties at all? In fact, the label of “errorist”has been expanded so much that it could include members of pro-gun groups, citizen militias or pro-life organizations. And, if you legally protest against the government, you may be considered a terrorist as well. That is why I have introduced legislation that will prohibit law-enforcement officers from conducting surveillance of individuals and groups of individuals based on participation in activities protected by the First Amendment of the United States Constitution and Article III of the West Virginia Constitution, without suspicion of criminal activity unrelated to the protected activity           Senate Bill 66 seeks to protect conduct such as political advocacy or the practice of a religion. I feel that unnecessary surveillance alienates people from police, hinders community policing efforts and causes law-enforcement agencies to lose credibility and trust among the people they agencies are sworn to protect and serve. This bill would declare that surveillance of individuals or groups of individuals in a manner that violates their constitutional rights, is contrary to public policy and should not be used as a law-enforcement investigative tactic. We have to fight terrorism at home and abroad. But, we should not actively try to spread democracy and freedom to others around the world while we are losing our own.                    Legislative Update by Senator Shirley Love Friday March 4, 2005           More than 1200 bills have been introduced to the Legislature.Currently only three bills have been passed by both the House and the Senate.The Senate passed 19 bills since February 25th, 2005.These include Senate Bill 49 which would repeal a section of West Virginia Code that requires the circuit court of each county to appoint three persons to inspect a county jail on a yearly basis. The bill would remove this provision because it is no longer effective with the creation of the Regional Jail System.           A bill was introduced this week that would allow Hancock, Jefferson, Kanawha and Ohio counties to decide whether to add casino style table games at their racetracks.The county level referendum would only effect the county where the racetracks are located. The House is working on a bill that would test the viability of publicly financed elections.The project would be available in two senate districts and three single members house districts.Funding would range from $7,500 in House races to $35,000 in Kanawha County Senate races. The House of Delegates unanimously passed a bill that aims to ease overcrowding in the states mental health hospitals caused by people involuntarily committed for drug and alcohol problems.The bill would restrict such commitments to cases where the subjects are considered dangerous to themselves or otherwise. House Bill 2244 prohibits having open containers of alcoholic beverages in vehicles.Current West Virginia law allows beer consumption while driving. The state stands to lose federal highway funds if it does not conform to federal standards.Governor Joe Manchin has been selected as the Chairman of the Worker’ Compensation Commission.The Governor replaces attorney Steve White who had served as Governor Bob Wise’ designee on the Commission.. Under the new law its current commission will run the states worker’ compensation system until January 1, 2006 when it will become a private for profit mutual. The House approved another resolution to increase from seven to eleven the maximum number of co-sponsors to a bill.The resolution will allow any county’ entire delegation to co-sponsor a measure. Senate Bill293 was introduced to allow motorcycle operators over the age of 21 to ride without helmets.The bill did not pass in recent legislative sessions, but the bill could get a boost as Governor Joe Manchin owns a Harley and is known to ride it quite frequently with his wife Gayle.Senate Bill 287 would take away the state’ environmental quality boards authority over water standards.The authority would be shifted to the Department of Environmental Protection. Senate Bill 198 would establish specialized fire safety standards for Bed and Breakfast Establishments.No smoking would be allowed in the B+Bs.Also, the facilities would be required to have smoke alarms in all common areas, guest areas and hallways and to have primary and secondary means of departure. Senate Bill 104 would repeal a section of the West Virginia Code relating to working prisoners by county commissioners, since prisons are no longer located in every county.Law makers in the House defeated a resolution that would have forced committee chairs to put bills on their agenda and report them out despite the House leadership’ objection.The resolution called for 10 delegates to sign a petition initiating the process.I am honored to serve my constituents of the 11th District. If I can be of assistance, please feel free to call my office at 357- 7849 or write:          Senator Shirley Love ; Building 1, Room 217 West ; State Capitol; Charleston, WV 25305 ; Phone: (304) 357-7849                                                  CLENDENIN LAWSUITS FILED           Part of this is a reprint from the March 4th Charleston Gazette. Two people filed lawsuits Thursday alleging that the police and municipal judge in the Kanawha County town of Clendenin have improperly bullied people into pleading guilty to traffic citations. Former Kanawha County prosecutor Mike Clifford filed lawsuits on behalf of two people who say they were told that if they wanted to challenge a ticket they would have to pay thousands of dollars in cash or go to jail.           One, Darrin Harper, says a Clendenin police officer told him that he would have to post $3,000 bond or go to jail if he wanted to challenge a November 2004 citation for driving a dump truck too fast for the conditions. Another, Melanie Hodge, says that a Clendenin police officer told her she would need to come up with a $10,000 cash bond or go to jail if she wanted to fight her August 2004 ticket for crossing the center line. Clifford said both ended up pleading guilty to the traffic violations because they could not afford bond and did not want to go to jail.           “hey’e saying post a $2,500 bond or you go to jail for a non-jailable offense,”Clifford said. “t’ crazy.” He said he plans to file similar claims on behalf of 15 other people. Clendenin Mayor Donna Gillenwater and Clendenin Municipal Judge Jack M. Boone could not be reached for comment Thursday evening.                  Here’ the juice we’e added. From one of the filed complaints comes this: Since June 23, 2003, the defendants have collectively and/or individually engaged in conduct to threaten, harass, prosecute, arrest and extort individuals who drive or otherwise appear in the Town of Clendenin. So who’ being accused? From the complaint: The Town of Clendenin, a Municipal Corporation, Donna Gillenwater, Individually, and in her capacity as Mayor of the Town of Clendenin, Jack M. Boone, Individually and in his Capacity as Municipal Judge for the Town of Clendenin, Brenda Hall, Individually and in her capacity as Municipal Court Clerk of the Town of Clendenin, Larry R. Conrad, Police Chief For the Town of Clendenin, Zachary R. Conrad, Jamie Sams, Darrick B. Cox and Chris Gregory Individually and in their capacity as present or former police officers for the Town of Clendenin                  In Feb 2005, the town of Clendenin received this notice from attorney Mike Clifford: This office represents various plaintiffs with claims against the Town of Clendenin, certain present and former police officers, and other Town officials, including the Mayor and/or Municipal Court Judge. This is to be considered as a notice of claim and I do hereby request that you forward this letter to your town’ liability insurance carrier and have he or she contact me. In addition, if your standard limitation of liability is $1,000,000.00, you may wish to have these employees and/or officials contact counsel to determine whether their individual property insurance companies should be contacted. Among the possible claims being considered are false arrest, false imprisonment, constitutional torts, coerced guilty pleas, excessive bail, excessive fines, involuntary servitude, violations of the right to privacy by illegal and non-standardized drug testing and violations of various state statutes giving rise to civil liability, and, of course, conspiracy to violate the civil rights of citizens.          Even the Judge is charged in these cases. Here’ a portion from the court documents: Defendant Jack Boone is not entitled to judicial immunity for the actions complained of herein as he abrogated his role as an impartial trier of fact in favor of the administrative role of raising funds for Defendant Town of Clendenin. Moreover, defendant Boone asserted jurisdiction over alleged violations of state law for which he had no jurisdiction; he delegated judicial authority to his Clerk and to arresting officers by signing jail commitment forms in blank and allowing the officer or others to complete the forms; he actively participated in plea negotiations by either directly telling the plaintiffs they would go to jail if they pleaded not guilty, or by telling the officers to discuss the pleas with the plaintiffs to get the plaintiffs to plead; he set bail or caused his arresting officers to set bail in amounts so exorbitant that the plaintiffs had no choice but to plead guilty; he required the posting of cash bail or bail to be posted by a bail bondsman (none of whom are approved in Kanawha County) in order for defendants to get a hearing; he threatened incarceration on certain charges which were non-jailable offenses, i.e. driving too fast for conditions and public intoxication; and he is not subject to review by the West Virginia Commission on Ethics or the West Virginia Judicial Investigation Commission, a branch of the Supreme Court of Appeals of West Virginia. Rather, his actions are only reviewable by the defendant Mayor of the Town of Clendenin.          Doesn’ that sound juicy? Have you ever been ordered to supply the court with a pie in lieu of fines or jail time? That’ coming too. Stay tuned. AW                              BDA CHAIR FIRES UP          Website to Blame for Lost Jobs                     Professional leadership and anger management training may be order for BDA Chair Leonard Williams. Also, maybe a class in public relations and dealing with the people he works for, the public. Here’ our coverage from the March 3rd Clay County Business Development Authority (BDA) meeting.                  By 5pm many of the appointed BDA members had taken their seats in the County Commission room. Mike Evans and Brian Moore were off to the side. Glady Lanham and Jerry Nelson were near the middle of the pews. On the far side were Jerry Sizemore and David Derby in front of Paige Willis. On the near side and up front, Jim Knotts. Facing the groups was BDA Chair Leonard Williams. On his table were neat stacks of papers and manila envelopes. Filling the peanut gallery were community activists Fred and Elizabeth Sampson, ( Yelp Fred even after saying the last time, he might not be back), Tommy Fitzwater and this ace cub reporter.                  With a glance at the clock, Leonard Williams said he was delaying the start of the meeting to have words with the reporter. Williams moved to the front edge of his seat. His spew came quick. With finger pointing and frowny lines about his face, basically: reporting on the clayberry.org web site had cost the county ( BDA) a prospective tenant and jobs; everything on the web site was a bunch of lies; the Mel Gibson look alike worked to tear down everything the BDA tried. With his words coming fast, fellow Boardsters nodding in agreement.                  Williams continued with notions of: the media should say good things about what has accomplished; he questioned web site postings that said the BDA had a “ismal”track record. He held up a copy of Feb 13th postings. Not appearing to know what Williams was referring to, the reporter went up front and read the offending passage to the assembled. Here’ the passage: Wednesday evening, our Business Development Authority held a special meeting to negotiate with a possible tenant for the old Filcon site. After an hour of secret time where the public was excluded, Chair Williams said no decisions were made. Citizen activist Fred Sampson asked some general questions about the negotiations. He received few answers from the Chair. Needless to say Sampson was peed big time as stomped out of the meeting. And rightly so too!!! Our economic development group the BDA can legally negotiate away from the public but after 2 lengthy secret sessions and their dismal track record with previous tenants, Chair Williams could have gone a long way at easing concerns with a simple statement. Something along the lines of:We are negotiating with a metal manufacturer of corrugated pipe that is interested in building a 40 by 100 building at the Valley Fork industrial park. The owner has roots in Clay County and until we getthe details firmed up, the potential tenant has asked that we keep his name away from the public. The total project is around $200,000 to be invested and there is the possibility of6 to 10 jobs if this pans out. Be patient please, we're trying to get it right this time around.                  After reading the passage, the reporter went back to his seat in the peanut gallery. The words went back and forth. In response to the “ismal”wording, the rotund reporter said “ilcon” You could almost see the hackles raise. You could see the hackles raise when he mentioned the less than thorough background check done by Boardster Jerry Sizemore before Filcon was given the red carpet treatment by the BDA. The two went back and forth. All the time, it appeared Williams was getting madder and madder. At one point he invited the reporter out back.                  Now he didn’ say what for but the guess is, surely not an ice cream social!                  Williams was emphatic, that posting on the web caused the man and wife team at last month’ secret meeting to bail out and the prospect of luring up to 7 jobs into the county left with them. Comments on that notion at the end of this article. Lets finish the meeting coverage first. Actually start the meeting. All the huff and puff and out back invite was done before opening the meeting                  With Williams still in a huff, discussion turned to the old Filcon site now called the Valley Fork Industrial Site. The BDA has contracted with Boyles and Hildruth Engineering ($500 invoice already received) to study how best to put in culverts across the creek to the property from Rt 36. BDA member and CAEZ Director Jerry Sizemore suggested a different direction, a direction used when the CAEZ built the now successful Mt Hope Industrial Site in Fayette County. Sizemore suggested that the BDA go ahead and build a building, get in place. He offered the many advantages to having a facility in place and how a nice building and tax advantages of a lease\purchase to could lure new business into Clayberry.                  Some in the crowd got restless at the thought of going in debt to build a structure. Still foaming, Williams, “We were working that way until the local paper tore us up!!”Jim Knotts asked about contingencies if the new business went belly up after a few years, who would pay the lease? Sizemore said there are no guarantees in this world. Williams wasn’ done and mentioned BDA plans for giving free rent for so many years as a tax break and then a lease agreement, and “We done pretty good ‘ill we got smeared!”Once again he looked at the Mel Gibson look alike. Have we mentioned the chill in the air readers?                  Wading into the meeting discussion was peanutster Elizabeth Sampson who asked about the Filcon site needing to be raised above flood plane. She was assured 2 acres of the holding was out of the flood plan and as soon as the weather dried out ,          Continued on the next page           fill would be added to another portion of the creek side site and a culvert was to be installed near the current creek crossing. Here comes another jab readers from the Chair, “e have been working but we haven’ gotten ANY credit!!”                  As for the old Two Run State Road garage under lease by the BDA, there’ a problem. According the Chair, WV Weatherizaton and Legg’ Welding are interested in renting parts of the building but the DOH leaders in Charleston refuse to let the BDA rent any of the property. Oh My Gosh!!!!!!!! There we go again!!! Probably just cost the county another 7 jobs! The only thing the BDA can do is use the building for themselves (office space) or store stuff there.                  There was general discussion on what good is it to have a 5 year lease on a building if it can’ be rented out and what the original lease really meant. There was no mention of a time when the BDA side stepped the purchased the building for a $1 and no mention of how they could have signed on to such a lease not knowing the details. No decisions made on turning the DOH garage back over to the state.                  From the peanut gallery Tommy Fitzwater asked about broken windows at the DOH garage and what was the BDA going to do about the damage. Answer: The Sheriff’ office can’ get involved until the Town ( Buckshot Butcher was the investigating officer) turns over its paperwork. Translation: Nothing has been done for months but talk talk talk.                  Do you think Chair Williams has cooled down. He may have a little until Tommy asked: Now that the Filcon tenant is out of the picture, can you give us any details on what was being negotiated? Oh Boy!!! Opened the can of worms right back up. Williams, “WHY SO IT GETS RIGHT BACK ON THE INTERNET???”                  Here’ a slick one readers. The CAEZ was the designated lead economic development (LED) agent for a number of years. With the designation comes a $30,000 grant from the state. In 2004, the Business Development Authority was given the nod for the title, the money, and the work. In his most artful wording, CAEZ Director Sizemore asked about returning the LED status to his organization. So crafty was the wording, this reporter is not sure the BDA understood what Sizemore was asking. No decision made with the Mr Williams saying the BDA is already working on the paperwork for the grant. Grant deadline is April 30 2005.                  What do you do with the public after goofing up? First you start pointing fingers. Someone squealed! Someone was a rat! Williams made it clear that someone within his public agency had provided that website with information, it had to be leaked out by a committee member” Didn’ see anyone squirm but the finger was pointing just the same!                  What’ the next thing you do? Form a top secret committee charged with negotiating in utter secrecy and away from the public and the BDA itself. Leonard Williams said the new tight lipped undercover club’ dealings will not be brought up during regular BDA meetings and that way, “t won’ be scattered all over West Virginia..”Williams appointed Jerry Nelson, Jim Knotts and Morgan Gibson to the inner circle club charged with doing the public’ business in secret.                  As Nelson was mentioning past performance relating to Filcon, Jim Knotts stepped up to the plate and made it clear, Filcon is in the past, this is basically a new committee and Filcon should never be brought up.                  As the meeting was winding down Williams was not done with his barbs. He made it clear that he spends a bunch of time on the phone working for BDA and all he gets is punched down in the back. Around 6pm the meeting adjourned.                  Now for the good stuff readers. Commentary! So what was all the stuff about the Clayberry web site costing jobs? Keep in mind the web site (nor this paper) ever mentioned any company name nor the man and wife (owners) names. How could not naming a name get that ace cub reporter in such a butt chewing.          If past practices are an indicator, something else is amiss. Think back last year when a car port fabricator came to a meeting, was interested in setting up shop at Filcon and Poof! He never returned. Do you remember when the guy from Tuxedo Park New York approached our local leaders about starting a business in the county. His idea was to manufacture lighted 911 house numbers. He never returned and now, in many department stores, those same lighted signs are selling and making somebody real $ and providing jobs.                  When the Chair asked for an explanation on the BDA’ dismal performance, what was that all about? Just saying the name Filcon should be enough to firm up any confusion.                  And then there was the part about a rat among the BDA. That always happens when things go sour. Blame the media and then come up with a weak link proposal. Now stop and think, the BDA paraded the prospective tenants into a public meeting, the guy grew up near Wallback, his wife worked in the school system for year before moving to Kanawha County, the guy frequents the Clendenin regularly and is well known. What’ the chances that secret would remain secret in Clayberry.                  Leonard Williams has plenty of experience dealing with electric, wiring, building and such. With no training and experience in economic development nor operating in a public setting, well, his contemptible, shocking, and appalling actions during a public meeting just goes with the learning curve. He may improve. What is most scary is the BDA’ immediate response to go more secret. Instead of saying we’e goofed up again, their approach is to go further from the public’ eye, make all deals outside of the Board and only at the last minute have the full Board give a cursory seal of approval.                   One thing is for certain, operating in the dark doesn’ pass the rotten fish test. As a matter of fact, the public’ right to know what the government is doing is just as well documented. Here’ a couple lines from the WV Open Meeting Law: Pursuant to the fundamental philosophy of the American constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the state of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created. To that end, the provisions of this article shall be liberally construed with the view of carrying out the above declaration of public policy.                  Butt chewing aside, the BDA is heading down the wrong road and that learning curve doesn’ seem to be getting any better. AW                              Pursuing Freedom By Jim Chafin           “ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”                     Ideologically, the citizens of this great land have been conditioned to believe that we have some innate right to the ears of our government officials, and a prompt and speedy disposition of our complaints. Indeed, given terminology written into the Declaration of Independence, we, as corporate shareholders in the boldest experiment in human governance of all history are predisposed to believe that our government is special and that gives us an elevated sense of exuberance and immortality. Rightly, I believe, this nation did begin with the highest hopes for all mankind, that of freedom for the pursuit of happiness and a level of spirituality never achieved in any society before 1776. Our hearts sing along whenever we hear the strands of “merica the Beautiful,”and we salute Old Glory as it passes in review. But, what is historical reality as to relating to the lives of individuals and minorities in this society famously known as the “elting pot”of those “uddled masses longing to be free?”           To these shores have come people from every conceivable human condition; from earth’ royalty to the lowest caste slave of the poorest societies all over this world. What were those earliest of settlers in New England looking for when they first stepped foot onto America’ shores? What were their hopes and dreams as they began to populate the vast wilderness, what were their aspirations for the future United States of America? Often, while contemplating what America has become, in my mind’ eye I am drawn back to one of this country’ earliest patriots, Roger Williams, and I quote some of his thoughts and writings: “ know what it is to study, to preach, to be an elder, to be applauded, and also what it is to tug at the oar, to dig with the spade, and plow and to labor, and to travel day and night amongst the English and barbarians (Indians,)why should I not be humbly bold to give my witness faithfully? …How can I convince those young ones who have not known the brutality of persecution for conscience, the prisons, the beatings, the hangings, the maiming, the exiles? Not only in our corrupted old England but in New England as well. And to this day, why if the Virgin Mary were in New Haven, they would hang her for adultery. …And as for Massachusetts, well! They challenge the inquisition that put Galileo into limbo for discovering that the earth moved around the sun before the Pope did. Yet they do the same thing. We see ourselves converting the heathen Indians to Jesus Christ, the Prince of Peace, and at the same time make war upon them, their women, their children to clear the land for our own taking. And call it righteousness.”           I prefer to look upon such writings as these as a kind of prophetic heralding of what the future held for this new nation. After all, the heart of men change but little with oncoming generations. Individual circumstances may differ, but the heart of man continues on since the beginning.           On board those tiny sailing ships were masses of desperately poor, sprinkled with a sampling of wealth – business and commercial interests who carried with them charters signed by the King which gave them rights and privileges to land and property in the new virgin wilderness. The thread of the English Court had its inception with the first ships that landed at Plymouth Rock. From its very beginnings, public councils and legislative bodies have been heavily dominated by the commercialists whose primary goal was to claim the natural resources of America in the name of the reigning monarchy and his supporters. So, we can see an agenda emerging that laid a foundation under the system as we know it today.           I would surmise that the goals of both rich and poor have some common ground, in that each is looking to fatten his hip-pocket. However, the process that allows us to pursue our goals is heavily skewed to provide an inordinate amount of inequality that favors wealth, while at the same time, providing for a built-in body of law that requires servility on the part of America’ working class. To be realistic, one must look at the writings of our forefathers before we can properly evaluate the current direction of our country and its government. Once having done that however, we will continue to monitor events and actions of our legislators, executive and judicial branches, and, calling upon those august personalities to live up to the promises made to us by those who penned the Declaration of Independence and the Constitution, which we are honor bound to defend and protect.           Looking at the First Amendment, it simply states that Congress shall make no law abridging the right of people to petition their government. The federal court has ruled: “This amendment) assumes the existence of the right of the people to assemble for lawful purposes, and protects it against encroachments by Congress. The right was not created by the amendment; neither was its continuance guaranteed, except as against congressional interference. For their protection, in its enjoyment, therefore, the people must look to the States. The power for that purpose was originally placed there, and it has never been surrendered to the United States.” So, ladies and gentlemen, your state legislators have a solemn obligation to provide for First Amendment redress of grievances, bound by their Oath of Office. It is the citizen’ duty and responsibility then to see that this constitutional mandate is carried out by participating in widespread public discourse on issues of the day. Failure to do so creates a power vacuum into which every foul-spirited creature will be drawn to fill. We are reminded time and time again of the liaisons between government and big corporations that encroach upon personal freedoms. This born out by the way business is carried out in the local communities. We see it in the aggressiveness of corporate entities as they wage war on the environment, thumbing their noses at citizen complaints of personal and property damages, and outright manipulation of public officials by throwing money at them. In this manner our personal constitutional rights are made servile to the whims of CEO’ whose primary goals are to promote corporate interests. These folks never can be satisfied – their goal is an ever increasing chunk of the GNP, no matter the cost to communities or individuals.           The net result of malfeasance on the citizen’ part is manifested by economic inequality, unjust wars, waste of both human and natural resources, and a government that refuses requests for redress of grievance. Admiralty law is the penalty for indolence; slothfulness is rewarded with servitude.                              Bugler Bill Passes           Delegate Larry A. Williams (D- Preston), Delegate Robert A. Beach (D- Monongalia) and Delegate David G. Perry (D- Fayette) are pleased to announce that on the 13th day of the 2005 Regular Session, the Legislature has successfully passed House Bill 2286 concerning the playing of TAPS at veteran’ funerals. House Bill 2286 will increase the number of buglers qualified to play taps at military honors funerals of deceased veterans. The measure will encourage the State Board of Education in cooperation with county boards of education and colleges and universities to develop programs for qualified student volunteers to participate as buglers.           “y father was a WWII veteran and I understood the sacrifices he and others like him put forth for our country. I believe that this bill will help our children understand the important place that veterans have in our history as a strong part of our values and our democracy,”stated Delegate Williams. Legislators hope this bill will correct the problem of arranging a bugler to play the soft sound of TAPS at a military honors funeral. Delegate Robert A. Beach discussed when he recognized the problem, “ have attended military honors funerals in which a recording of taps was played. It is my belief that every military honors funeral should have the right of a live performance of taps rather than that of a mechanical device.”Said Delegate Beach, “ feel that this bill will increase the amount of trained buglers in our state, and that every veteran can have the privilege of a live taps performance.”           Members were privileged to have Jack Woodrum, a trained bugler player perform TAPS for the House on Friday, February 18th. Delegate David G. Perry also a sponsor of the bill said, “he performance of Jack Woodrum playing the taps truly amplified the importance of this bill, and I am proud to witness its passage in both the House and the Senate.”                              s          MAGISTRATE REPORT          Felony          02/03/05: Belt – John Raymond Doss III, attempted robbery (01/28/05), probable cause found, bound to the Grand Jury in the Circuit Court.          02/17/05: Wriston – Vickie Lynn Williams, operating a clandestine (01/06/05), defendant waived preliminary hearing; bound to Circuit Court.          02/17/05: Bailey – Charles G. Sullivan, fugitive from justice, arrested, to Circuit Court to take before Circuit judge.          02/22/05: Stephenson – Alvin Ray Hardway, burglary (11/16/04), preliminary hearing waived, to Circuit Court; Stephenson – Bobby Gene Hall, fleeing DUIA (12/06/04), dismissed with prejudice pursuant plea agreement with misdemeanor cases.          03/01/05: Bailey – Terry Mitchell Phillips, possession with intent to deliver (marijuana) (02/08/05), probable cause found, bound to Circuit Court.          03/03/05: Stephenson – Jack Naylor, wanton endangerment (01/31/05), probable cause found; bound to the Grand Jury in the Circuit Court of Clay County; Stephenson – Richard Burnside, delivery of a controlled substance (02/08/05), waived preliminary hearing, bound to Circuit Court.          Misdemeanor          02/16/05: Holcomb – Terry Lee Taylor, striking an unattended vehicle, arrested, ROB 02/18; Sizemore – Thomas Newton Livesay, driving suspended/revoked non-DUI 2nd offense, arrested, ROB.          02/20/05: Sizemore – Namon E. Hurley, DWR/DUIA, no POI and registration violation, arrested, ROB.          02/22/05: Belt – Harless W. Elswick, possession less 15 grams marijuana, appeared, pled no contest 03/01, placed on 6 months unsupervised probation, assessed cost; Elswick – Jody Lee Miller, failure to stop at stop sign, appeared, ROB.          02/23/05: House’ Market – Mary J. Adkins, warrant issued for worthless check complaint; House’ Market – Manuel R. Shaffer, warrant issued for worthless check complaint; Clay County Golden Delicious Apple – Julie Hudson, warrant issued for worthless check complaint.          02/24/05: Stephenson – Rick Junior Bishop, obstructing, appeared, ROB.          02/25/05: Christian Service Center – Mary J. Adkins, warrant issued for worthless check complaint; Freda’ Restaurant – Mary J. Adkins, warrants issued for worthless check complaints X 6; Clay Supermarket – Mary J. Adkins, warrants issued for worthless check complaints X 2; Clay Supermarket – Roger D. McCutcheon, warrants issued for worthless check complaints X 3; Clay Supermarket – Joshua Beard, warrant issued for worthless check complaint; Clay Supermarket – Timothy Beard, warrant issued for worthless check complaint.          02/26/05: Stephenson – Daniel Boone Grose, obstructing an officer, appeared, ROB; Belt – Roger L. Stevens, DUI-2nd offense and left of center, arrested, ROB.          03/01/05: Cunningham Motors – Ronald G. Rogers, warrant issued for worthless check complaint; Cunningham Motors – Jennifer L. Rogers, warrant issued for worthless check complaint; Cunningham Motors – Melanie Moore, warrants issued for worthless check complaints X 3.          03/02/05: Belt – Rodney Glen Jarvis, warrants issued for DUI-2nd offense, DWR/DUIA, registration violation, and no POI.          03/03/05: Slack – David Sisson, warrant issued for domestic battery; Holcomb – Chazwick W. Reckell, escape, arrested 02/19/05, defendant pled guilty, sentenced to 6 months and 1 day to run concurrently with misdemeanor charge, assessed cost; Light – James T. Cottrell, possession of controlled substance; Slack – Betty J. Belcher, warrant issued for battery; Holcomb – James T. Cottrell, possession of controlled substance-meth, possession of controlled substance-marijuana, and expired driver’ license, arrested, ROB.          Civil          02/16/05: Zella Williams – Alice Pritt, money due, subpoena.          02/28/05: Nichols Furniture & Appliance – Samuel C. Mullins, money due, subpoena; Romie Williams, money due, subpoena; Melissa A. Graham, money due; Laura Beth Stone, money due, subpoena; King Trucking & Wrecker – Eugene Ranson, money due, subpoena.          Worthless Checks Notices Issued          02/25/05: Clay Farm Bureau – Mary J. Adkins.          Citation Register          02/06/05: Sheriff’ Dept. – Robert Blake Moore, registration violation.          02/11/05: State Police – Charles F. Kleykamp, speeding; Frances Williams, driving suspended/revoked non-DUI and no POI; Sheriff’ Dept. – Terry Schoolcraft, no POI.          02/12/05: Sheriff’ Dept. – Matthew Allen Gill, speeding and no POI; Ashley Fallon Keener, speeding; State Police – Jerry L. Hubbard, no POI.          02/14/05: State Police – Chad Lee Bishop, destruction of property and underage consumption; Rick Junior Bishop, obstructing.          02/15/05: State Police – Andrew J. Pritt, no POI.          02/16/05: State Police – Angela Paul Bartsch, possession marijuana less 15 grams; Gordon D. Facemyer, MVI and operator’; Michael B. Harvey, MVI and driving suspended/revoked non-DUI; Rodney Glen Jarvis, MVI, driving suspended/revoked non-DUI, registration violation and no POI; Douglas C. Thomas, MVI X 2; Sheriff’ Dept. – Robert B. Baber IV, speeding.          02/17/05: State Police – Charles F. Brady, no POI; Jeremy D. Salisbury, no POI; Robert James Workman, registration violation and MVI.          02/18/05: DNR – Romie Eugene Williams, unlawful disposal of refuse.          02/19/05: Sheriff’ Dept. – Vicky L. Proctor, speeding; State Police – Charles G. Sullivan, MVI, no POI, registration violation and driving suspended/revoked non-DUI; Ricky F. Taylor II, operator’ and no POI.          02/20/05: State Police – Michael L. Cellard, speeding; Li Kingkang, speeding; Jody Lee Miller, failure to stop at stop sign; Emily A. Teter, speeding.          02/21/05: Sheriff’ Dept. – Randall Lee Brock, registration violation, no POI and driving suspended/revoked non-DUI.          02/23/05: DOH – Wilbert S. Burrows, overweight, over width, over length; Bobby Gale Stout, overweight, over width, over length; State Police – Jason Wayne Holcomb, MVI and no POI; Sheriff’ Dept. – Shonda Lynn Tanner, failure to dim headlights.          02/25/05: Sheriff’ Dept. – Rodney Glen Jarvis, registration violation, no POI, driving under the influence-2nd offense and DWR/DUIA; State Police – Colby S. Meadows, MVI, driving suspended/revoked non-DUI, no POI and registration violation; Kenneth Lee Sanford, seat belt violation; Joshua D. Stutler, no POI; James Truman, registration violation; Shane C. Winebrenner, speeding.          02/26/05: DNR – Peggy Sue Hubbard, unlawful disposal of refuse; Joann Moore, unlawful disposal of refuse; State Police – Tabetha Lynn Hurley, seat belt violation, driving suspended/revoked non-DUI and defective equipment; Jeffrey D. Jumper, operator’ and possession of marijuana less 15 grams; James R. Knicely, no POI; Sheriff’ Dept. – Roger L. Stevens, driving under the influence and left of center.          02/27/05: State Police – Tina Tanner Boor, failure to keep right and operator’; Joshua Matthew Jones, MVI; Katie Lynn Rhodes, MVI; Gary Shultz, speeding; David Howard Stutler, defective equipment.          03/01/05: State Police – Darren Duane Brown, MVI.                    TIDBITS          TOWN OF CLAY After months of not showing up for meetings and moving out of the municipality, Sally Legg resigned from elected office March 1st. During her phoned in resignation call, Legg chastised those that had been bad mouthing her drawing a pay check and not showing up for work. Back in action was Billie Zegeer after recovering from lung surgery.          Zegeer said she was feeling fine and doctors had told her the cancer was not brought on by smoking.                  After receiving the resignation and with Betty Murphy, Phil Morris, Frank Childers and Zegeer in attendance, Mayor Jarrett accepted the oral resignation. Discussion turned to whether Legg should be paid for Feb 2005 since she was no where to be seen. Jarrett, “I’ not signing her check this month! I did it last month and I shouldn’ have.” Somewhere in the middle of all this, council person Betty Murphy motioned to appoint Jerry Stover as a replacement. Mayor Jarrett said Jacob Nichols was interested in the position. Dwana Murphy indicated that Stover was also interested. Betty pressed for a vote on her motion. Jerry Stover voted into office unanimously.                  Then back to paying Sally Legg. Jarrett, “I’ not paying Sally!”Betty, “You can’ refuse her.” After some prying by the peanut gallery, Arthur said he was not going to sign the check for about the fourth time and he was the only person that could sign it. The senior member of Council , Betty Murphy corrected Jarrett. Others could sign checks and she wanted Legg paid. In truth, Town Recorder Dwana Murphy had already written the check for non performance.           Betty, “I can sign her check.”Phil Morris, “She told me two months ago she quit.”Morris said he personally wouldn’ ask to be paid for not showing up for duty but to avoid any more controversy, just pay her and get on with life. Jarrett, “I’ NOT signing it!”                  Back and forth and then back again. Senior Murphy, “She was on Council until she resigned…. I think legally, you can’ stop paying her until she resigns. Morris, “Settle it. Pay her.”Jarrett, “O!” Morris, “Pay her Betty.”Dwana Murphy, “We’l pay her.”Mayor Jarrett was out numbered and feel victim to the majority.                  One guy from the peanut gallery asked the town to come up with a smoking ordinance of their own to protect municipal business owner interests from the recently approved county wide smoking ban. Council person Zegeer commented on the loss of personal freedoms with the county ban. Frank Childers thought maybe designated smoking areas may be in order. No decisions but at least they were talking.                  Three weeks back, members of Town Council attended a tourism development meeting which identified ways the Town could grow a tourism based economy and increase revenues coming into the county. Several ideas were pitched during the workshop. As the March Council meeting was closing, the hope for such tourist expansion may depend on newbee Council person Jerry Stover. Again no decisions were made but they were thinking.          --           CLAY COUNTY COMMISSION Here’ a first for the CCC. Feb is the month to have tax burdens reduced. Few from the public attended and even fewer reductions were approved. Something new did happen. With the recommendation of the State Tax Dept, Joseph Loretta and Morgantown Mining was in line for a tax break. They didn’ get it! The CCC voted not to go with the advice from Charleston.                  During the Feb 28th evening meeting of the Commission, Melissa Postelwait extended an apology to the folks up front. She was referring to her actions during the FOIA standoff a few days earlier. She said she was just following the advice of the her attorney Tom Whittier. Elsewhere is mention that Postelwait called the law on the CCC during that visit to the water plant. During this meeting Sheriff Holcomb remarked, if he had been there when the call came in, the CCC wouldn’ have been the people leaving the water plant. As for Postelwait being uncooperative during the FOIA encounter, “I have nothing to hide….”                  A Jimmy Sams motion passed to give all county employees another holiday with pay. Good Friday will now be a day off for those on the county dole. After two public hearings, Triplett, Sams, and King decided to apply for $680,000 for Queen Shoals PSD system upgrades and $820,000 for Clay County PSD’ Lizemores/Tucker’ Bottom water line extension project.                  As for Emergency Services in the county, Sheriff Holcomb wants a Coordinator that lives in the county and easily accessible during times of crisis. It’ not looking good for existing Director, Dave King who lives in Nicholas County. Currently there is $266,821.43 in the $2 a month 911 account.                  Sheriff Holcomb informed the CCC of the short comings with the current home confinement notification system. Holcomb said under the system, those with bracelets could be gone all weekend long and he wouldn’ know about it until a Monday report was received. After raising H with the provider, top badge Holcomb said things have improved and notifications are coming much quicker. Holcomb got the nod to increase home confinement fees from $6 a day to $8.                    CAEZ Just a note from the March 2nd Central Appalachia Empowement Zone meeting. The railroad excursion thing is chuggin right along according to CAEZ Director Jerry Sizemore. Highlights: a proposal has been given to Bright industries asking them to give the railroad tracks to the CAEZ, Sizemore, “hey are currently considering that” CAEZ has a verbal commitment on a 50 year lease for flat land between the Dundon bridge and the Little League ball field (old Dundon rail yard) where a ticket depot/concession stand/welcome center would be built; that property is being surveyed; a $150,000 grant for an ATV trail has been applied for; and, the donation of 10,000 railroad ties has been reduced to writing. Around the table smiles appeared. Something good may actually come to Clay County.                  The Director told the Board he would ask the Clay County BDA to give up their designation as Lead Economic Development agent and allow CAEZ to assume that role. Along with the title comes a $30,000 grant. AW                              SHORT SHORTS           Did you notice your Elk Power bill arriving a little late this month? Did you notice on the back the monthly statement, the local provider alerted us to a rate increase request? Truth is, Elk Power asked for two increases including an emergency increase which was added to the late in coming bills. The emergency increase is pretty hefty. For home customers using less than 500 kwh’, that’ a 20.53% increase. For those consuming over 500 kwhs, take on 22%.                  For those paying for street lighting, the town will see a 21% increase in the big lights. For those paying for a light at home, count on 21%.                  Medium size business customers will feel a 23.99% pinch with large customers seeing a 25.7% increase. Ouch and another WV PSC approved increase expected soon!          --           Clay County Librarian Vickie Neeley was appointed to a 3 year term to the Greater Kanawha Valley Foundation grant distribution committee. It is believed that she is the first Clayonian to serve in that capacity.          --                  Hearings coming to close two schools and not a whimper from the public? The communities of Ivydale and Valley Fork will be without a local elementary school and not one moan has been heard. That wasn’ the case a few years back when Clay Schools voted to close HE White Elem. Back then, parents united and took the Board to court and won! UNDER court order, the tiny elementary was reopened and equipped. Today the communities of Bomont and Glen are flourishing in large part to the community based education center.                  Guess Valley Forkettes and Ivydaleonians don’ see the benefit of having a community school where parents can be involved and easily monitor the educational process.                    POLICE BLOTTER                   Jan and Feb were fast paced months for law enforcement. Seemed every night brought another meth or other drug bust. At one point over 20 were housed at Central Regional Jail at county expense. That appears to have slowed a bit. Now comes the long slow process of going through the court system.                  Jackie Ruth White had four charges lodged against her in Feb after being arrested near Maysel. On Feb 1st Ms White plead guilty to possession and received a 6 month unsupervised probation plus court costs. Two other possession charges were dropped. For obstructing, White received a $100 fine plus court costs and 30 days in the slammer which was reduced to home confinement.                  Probable cause was found in the Terry Phillips drug case and to Grand Jury the case shall go.                  Richard Burnside waived his preliminary hearing on felony delivery drugs and the case was sent over to Circuit Court. He plead guilty to fleeing from an officer and fined $50 plus court costs.                  Our best guess is, Jackie Ruth White and David Burch are the only criminals on home confinement at this time. While Clayonians may be breathing a little easier these days, the jail budget may be an issue real soon. The jail bill for Jan topped $25,000 and Feb went past the $30,000 mark. Other counties are experiencing budget short falls. Two weeks ago Calhoun County couldn’ meet payroll and ordered department cutbacks.                  Coming up in Magistrate Boggs land March 15, State vs Randy Nichols 9am; Thomas Livesay 9:30am; Robert Nicholas 10am; Chrissy Neal 10:30am; Jody Miller 11am; and Franklin Moore Jr at 11:30am. After lunch, Russell Moore Jr 1pm; Russell Moore Sr 1:30pm; Joshua Tanner 2pm; Timothy Mace 2:30pm; and Chester Keen at 3pm. Keep in mind, all these hearing times can change at the drop of a hat.                  Across the hallway and before Magistrate King… March 15, 3:30pm State vs Sam Facemire, revocation hearing. March 16, 9 am, State vs Robert James King , related to the Calhoun County Deputy Bandy incident at a bar in Big Otter. March 17, 9am, State vs Charlotte Craig, DUIA felony, second offense ( when Lucy Cruickshank was hit head-on near Maysel). The line up for March 22: State vs Bonnie Duffield 9:30am; Teddy Jones and Tanya Jones 10am; Wanda Legg 10:30am; Rocky Legg 10:45am; Candy Adkins 11am; and, Joyce Larch, Debra Tinnel, status hearing, peace bond, 11:30am.                  After a lunch break, Carolyn Nicholas 1pm; Mathew Shaffer 1:30pm; Donald Bishop 2pm; Jeffery Neal 2:30pm; Shannon Schoolcraft 3pm; and, Brian Welch 3:30pm.                  Not sure what all the cases are about unless noted above. Don’ assume anything other than that’ the docket for those days in Magistrate land on the hill.                              True Blue          When Bush started his little war inI had my doubts about the need to invade and destroy another country so democracy could be spread to the Middle East. United Nations search teams searched the countryside, determined to find WMD (Weapons of Mass Destruction.) But we were assured that they were present, developed, and waiting to kill massive amounts of Americans. His administrated decided to go full steam ahead into this war that now has cost us near 300 billion dollars and many lives.          Thousands of the Iraqi citizens have been killed and our country’ death count in now over 1,400. But the estimates of wounded or disabled is 10 times that amount. So roughly 14,000 American have been wounded or permanently disabled.          What really happens to the fallen on the battle field?How does our government help them and their families return to normal life? Recently I heard a nurse describeway our country treats the soldier.Most of thethat are wounded are taken to Germany.The soldiers have no chance to get their personal belongings and sometimes have very little clothing or supplies. It is now winter so they arrive with pajama's, paper slippers, etc., and not much else. I would imagine it is pretty coolthose hospital rooms and that walking outside would be very interesting.          Our government cares little about the soldier once he is wounded. He has served his purpose, so discard them. After the soldiers are transferred stateside, if their families live in the Mid-west or the far west the families have to provide their own transportation to see them in the hospital. This creates real hardships on the families.           Until recently, the amount of death benefit was only $12,000 per individual. How much are theseworth? What can we do to help these families? Someone stated we need to make up care packages to send to our soldiers.you know of someone in the service why not send him a gift package and include him in your prayer list at church?          How many more soldiers will be carried home in body bags or on stretchers? I don't have a magic wand to wave to stop this bloodshed, but I thinkgovernmentdo more to getout!Make your opinions known to those representatives in Washington.Stress the need to have an“nd the War”conference onincludes all the neighboring countries and the major world powers.they can make some long range goals of troop withdrawalthe troops can come home. Once they’e home don't forget what they did for us. Increase support for the military families by increase wages, post war support, and other measures to make sure they can get back to a normal life. Care for thosehave given so much!                    These are the ramblings of a          True Blue Clay County Democratic                                  Dave Derby                    Just ThinkingBy J.T. Perkins           Clayberry helps Big Tobacco. Not worried about clean          air for kids           Sounds to good to be true. But let's just take a day in the life of a smoker. Let's stop by the a local restaurant in Two Run. and after a fine meal, thesmoker gets into his or her vehicle. Wanting an after meal cigarette, they light up as they pull out. Needing to drive into the town of Clay for someerrands, They pull into one of the fine stores in beautiful down town Clay. Now after only a few minutes drive, they still have over half a cigarette left.Thanks to the Clay County Health Department, they cannot go anywhere near the stores entrance. Being law abiding citizens, which by the way most smokers are, they put their cigarette out in their ash tray, instead of being able to finish it on their walk to the store. After running their errands, they get back in their vehicle and guess what? It sure would be good to finish that cigarette, but alas, it is all snubbedout, so a fresh one will have to do. But now they must stop at a bank on the return trip. Knowing the law, as they pull into the drive thru lane of the bank, they now take the freshly lit cigarette and snub it out in the ash tray along with the other one, now a whole cigarette has been wasted           Now that doesn't sound like a very big deal, but consider this. For the sake of arguing, let's say there are exactly 0ne million smokers across the country wasting one cigarette a day due to strict no smoking laws, and lets use 15 cents as an average for the cost of each cigarette,that total comes to anamazing $150,000.00 per day. But not all of this goes to the tobacco companies. Don't forget the amount of taxes the government has placed on each pack of cigarettes. In a way, I guess you could say stricter smoking laws are just plan good business for tobacco companies and government. And dare I say the Health Department is not worried about clean air for kids? I don't have to say it, see it for yourself. Take a trip to the Clay County Middle School. As you walk around, look into the heater vents and ducts. All that dust and dirt didn't just show up there in one day. Clean air is important for kids and if they are so concerned as they say, they should go check on what the kids are breathing. And quit helping tobacco companies and government make more money. But like always, this is just me, just thinking…A                    BOB CLARKE Curmudgeon’ Corner           You know, and we know, as practical men, that the question arises only between parties equal in strength, and the strong do what they can, and the weak submit. – Thucydides, The History of the Peloponnesian War                     Aeschylus, [ca. 525 B.C. – 456 B.C.] often and properly called the “ather of Greek tragedy,”wrote 60 plays, of which only 7 are left to us. Briefly summarized, one of his abiding themes is the importance of submission to universal law insofar as man can determine his understanding of it. Humility is one of the greatest of the virtues, hubris, man’ greatest and most grievous flaw. In Prometheus Bound, we meet the Titan Prometheus, the Fire Giver. Because of his love for mortal man, Prometheus steals the forbidden fire for humanity. This act of rebellion incurs the wrath of Jupiter, whose enmity is perhaps even more fed by the fact that the Titan knows when Jupiter will be overthrown, for the name, “rometheus”means “orethought.”           Jupiter’ punishment of Prometheus is worthy, in its severity of the judgment of that former grand inquisitor, John Ashcroft. The Titan is chained to a rock, high in the Caucasus, where his heart is devoured hourly by an eagle, or a vulture, depending on the version consulted. He is sentenced to eternal pain; his immortality promises no relief. His strength is his curse as he is daily regenerated by and consumed with hatred of his oppressor. To Aeschylus, it seems, Prometheus’fate illustrates the inevitable defeat of rebellion to authority.           Down through the mists of time in an historic blink of the eye [23 centuries] comes Percy Bysshe Shelley. [1792-1822] To Shelley, the idea of Prometheus being condemned to eternal punishment, the victim of Jupiter the oppressor was unthinkable. Shelley, while recognizing the grandeur of Aeschylus’treatment of the myth, insisted that tyranny of any sort must and will inevitably be overcome, hence three years before his death the young romantic poet published Prometheus Unbound [1892]. In this version, the Titan, feeding on his hatred of Jupiter, moaning the refrain of “ain, endless pain,”has, what the fashionable critics call an “piphany.” He suddenly realizes that, while he continues to hate he is no better than his celestial tormentor.           I am become what I hate.          Thus, in Shelley’ view, once the Fire Giver conquers the demons within him, he is free. One might assert here, that such is a view not entirely inconsistent with New Testament thought. In mythology, it is Hercules who ultimately unchains Prometheus, but Shelley’ treatment is a bit more subtle. Once he ceases to hate Jupiter, the more important sort of freedom has come to the Titan. Mental and moral emancipation dwarf the mere physical.           It is not too far a stretch, it is to be hoped, to see an analogy in the previous passages to our disastrous misadventures in Iraq, or what Jon Stewart calls “ess-o-potamia,”more particularly the subhuman activities at Abu Ghraib and Guantanamo Bay. It comes as no surprise that recent revelations in the press inform us that methods of torture had been practiced sometime before those hideous photos from Abu Ghraib, only a few apparently, which were not suppressed by the storm troopers in the Pentagon, were released. For anyone old enough to understand the allusion, the resemblance between our crack intelligence agencies and the Keystone Cops is no coincidence. In reference to the Abu Ghraib debacle, the International Red Cross, whose investigators had been at the prison before the scandal broke, reported that 90% of the prisoners were ordinary citizens, and must have had, at the very least, a tenuous, if any, connection with the insurgents. “ound up the usual suspects,”says Captain Renald in “asablanca.” If they have dark skin, wear those weird costumes, and have names like Ahmed, they must be guilty of something. Xenophobia reigns supreme in this administration. While it must be admitted that fearing what we do not understand is a common tendency, the concept of American exceptionalism is one that the rest of the world may never be ready to accept. Rumsfeld’ churlish dismissal of “ld Europe”has not gone down well with countries weary of the tedious litany of: “e’e a superpower, and you’e not.”           The intelligence community, whose unofficial motto is: “o concept too vile,”has engaged in a new activity, stunning in its inventive imagination. It is call “endition.” This is the custom of transferring prisoners to countries not hampered by our high moral standards. One can recall the sneering SS captain in the old WWII movies, hissing: “e have ways to make you talk.” “hey hate us for our freedom,”says George. This is a message for children of all ages. No, George: they hate us for our foreign policy. Have we become, or are we becoming what we hate?           “upport our troops.” It is a fine and noble sentiment. Still, the question arises: What does that mean, and how do we do it? On the political level the statement seems to imply a mindless acceptance of what the government and the corporate-controlled media tell us. It is a warm and pleasant experience to pass local signs welcoming returning Iraq veterans, but the disturbing thought looms: When will they have to go back? On the domestic front our “upport”seems mainly limited to a vast sea of yellow ribbons, together with merchants, ever aware of what sells with the public, displaying “upport Our Troops”signs in the front window. There is no intention here to impugn patriotic motives, but a modest suggestion might be in order. Some enterprising scholar in political science, sociology or even journalism should approach every local business displaying the sign. The interviewer would be equipped with a legitimate list of young veteran’ wives who, with their men in Iraq and left with the burden of children, are barely getting by, if at all. The next step would be to ask for food, money, clothing, whatever assistance is needed. To make this project properly mean-spirited, each business which refuses to contribute to the cause should be informed that it has not earned the right to display a sentiment it has observed in word, but not deed. Of course, the refusniks can’ be forced to remove the sign. An enjoyable follow-up to this study, delicious in its nastiness, would be to publish the names of non-contributors in the local paper. Paying lip service to a cause takes little effort, but it makes us look good, and that is what counts in this superficial world. This study would also include men whose wives are serving overseas.           It is a fairly old theory among some realists that the road to Baghdad began in Jerusalem, that U.S. policy in the troubled Mid East is fashioned according to the wishes of the sometime terrorist, Ariel Sharon. Any criticism of Israel automatically draws the dreaded charge of anti-Semitism. Someone of importance and influence may someday dare to ask the question: How much longer can Israel hide behind the protective mantle of the Holocaust in order to justify its expansionist policy? It is a singular irony that one of the reasons for our 13 year sanction of Iraq was its violations of U.N. Accords. According to a United Nations study the sanctions indirectly caused the death of 500,000 Iraqis, mostly children. Yet, at the time, Israel led the world in the number of violations, with Turkey second. But, they are our allies; slack must be cut. Being pro-Israel is as American as apple pie. No one questions its right to possess its enormous nuclear arsenal or the value of its huge economic dependence upon the U.S. Treasury. What we are getting for our bucks, the administration tells us, is “tability”in the Middle East, a situation dramatically illustrated by the warm relations between Palestine and Israel, not to mention the high esteem in which the U.S. is held by all the Arab countries. It would be boorish in the extreme to ask Israel the old question: What have you done for us lately?                    Potpourri                     The delusional is no longer marginal. It has come in from the fringe, to sit in the seat of power in the Oval Office and in Congress. For the first time in our history, ideology and theology hold a monopoly of power in Washington. – Bill Moyer                     Tell the Iraqis to take our Constitution. We’e not using it. – Robin Williams                     According to the Center for Strategic and International Studies, just 27 cents of every dollar earmarked for the rebuilding of Iraq is reaching ordinary Iraqis, with the rest being pocketed by big U.S. corporations.                     How can we serve as a role model to Iraq and other nascent democracies when our own voting system, the foundation of the world’ oldest continuing democracy, has not been effectively overhauled in over 200 years? - Paul Tajitsu (Columnist for Asian Week)                     As the President declared to the dissidents of the world that, “hen you stand for your liberty, we will stand with you,”authorities were removing peaceful protesters from the President’ line of sight.                  – Editorial in the Capital Times                            Let’ hear it for the Pax Americana,                          Cur          SHOW DOWN IN PSD LAND          Constitution Prevails, Finally!                  Are public records public? Clay Roane PSD Chair Melissa Postelwait didn’ think so Feb 23rd or at least not for 4 hours. On the 23rd , the Clay County Commission loaded up the county’ white jeep with a copier and extension cord and headed for the Procious Water Plant to make copies of financial records. Clay Roane PSD operates the water plant which serves Queen Shoals PSD, parts of Roane County and a western portion of Clay County. Here’ our play by play plus commentary and notes from that skirmish.                  With the PSD unable to make payroll in January and nearly unable to make payroll in Feb, the County Commission (CCC) decided to have a look at the murky picture by having Prosecutor Jim Samples issue a Freedom of Information Act (FOIA) request for about every financial document from bank statements to pumping time documents and expense sheets. The need for rate increases and more $ have been noted in this near award winning paper since the days following the PSD’ last three rate increases a couple years back.                  After some quick vittles at Sister’ Place restaurant, the elected gang showed up to gather their copies just after 12 noon. Chair Postelwait guessed the CCC was showing up around 10 am and had been waiting on them since 9:30am. She was miffed! Note: After the event, she said she wasn’ “iffed”but it was this reporter’ observation, she was peed big time! She also said she had a MD’ appointment, couldn’ stay all day, and was sick, ready to barf. Back to the showdown.                  In the small office area of the plant, in addition to the CCC and Postelwait, Punkineer Celia Coon, Chief Water Operator Jennifer Traub, Office Manager Crystal McKinney, and this reporter huddled in wait.                  After refusing to let the CCC make copies or to see ANY documents, a feisty move by Postelwait, badges were called to remove Sams, Triplett and King. The call went out over the scanner. How dare them ask to see public records! When a vehicle sound was heard on Elkhurst Road, all eyes went to the glass door to see which Badge would be dumb enough to get involved in the peeing contest. As time passed, no black or green shirts showed. Postelwaitatood her ground and refused all requests! No copies! None! She took Office Manager Crystal McKinney’ keys for the storage area (a closet) and refused to let anybody near the top secret records.                  Calls went out to CCC legal beagle, Jim Samples. Around 12:44pm, Samples was on the phone telling Postelwait to release the copies. Around 1:05, Postelwait heard from the PSD attorney, Tom Whittier. After a lengthy tele session of Uh hu’, Ok’, and Right… Postelwait, “’e got the cabinet locked and they’e not getting them!” Fran King commented that Postel had not called any other Board members. Off to the side, Jimmy Sams was drinking coffee. Ms King, “Put another load on, we may be here a while!”                  Sitting in a stiff back chair, Postelwait carried the cabinet keys in her jacket pocket. Jim Samples arrived around 1:20 and went to work trying to impart some common sense wisdom. Didn’ work. With Whittier on the far end of the line, Samples was handed the remote and headed for a quieter spot to talk away from the crowd. With Samples around the back of the building, people went in and out of the office. As cars passed by, waves were employed. In and out the spectators went. The sun was bright and the air was warm. As a neighbor entered his driveway next door, Sams, “We may need help getting out of jail.”There was laughter.                  After 20 minutes of phone work, the remote was handed to Postelwait. More Uh Hu’ and Ok’ were heard. Samples smiled. Postelwait, “’ sure they have the invoice money with them… You said not to let them go until they paid!” More mumblings and utterances from the Chair. Finally, she gave the phone back to Samples. Around the room grins came. It was apparent that Postelwait was deadlocked with Whittier advice.                  With back outside with the phone, Postelwait unlocked the top secret broom closet and dug around for some paperwork. Fran closed her eyes and had her arms folded. Sams nosed around paperwork hanging on the wall. Triplett with his hands in his pockets, just stood. With the phone on his shoulder, Samples headed for his truck and spent another 10 minutes negotiating with Whittier. 40 minutes after arriving, Samples was still on the phone. Postelwait said she had to leave and was feeling ill. Outside, the coughers and hackers lit up more cigs.                  Commissioner King commented that earlier in the clash, the Chair told her the State Code means nothing here. As the clock struck 2, Samples was back inside, off the phone, and said, “et ready to unload your copier.”                  The ever defiant Melissa Postelwait was back on the phone and was heard saying, “ I can’! …. They were suppose to be here at 10:00 …. I can’ stay no longer!! …. That’ not possible, I’ have to leave the keys with Crystal.. I have concerns, but can’ go into details …. I don’ feel confortable with doing that …. I can’ stay no longer.”Samples advised the CCC, “t’ up to her if she wants to violate the law”                  Outside, Postelwait continued to argue with her legal adviser. After handing the phone back to Samples, a Post fired up another cig. Back on the desk was a Clay Roane PSD invoice for time spent making some of the copies, total invoice amount $83.50 for 70 copies.                  Finally, well after 2pm. Postelwait hung up the phone and said, “Get the bank statements. I’l make the copies!”To the side, Samples steered the CCC for a huddle of their own. Here’ cutey, each time this reporter asked a question, the Chair fired back, “O COMMENT!” What color is the sky? No Comment! Isn’ your new car pretty. No Comment. You’e doing a lovely job today. No Comment! Note: I just made up those questions but she really was in no mood to answer anything.                  With the Chair in a surrendered frame of mind, stacks of bank statements were taken to the back end of the Jeep where the copier was stationed, and copies were made. Crystal, Triplett and Postelwait manned the machine. After holding off for over two hours, the copies were made in about 20 minutes.                  By 2:45, the copies were made and the parties prepared to leave. Postelwait put originals back in the closet and left the door open and unlocked. Her final words, “On that invoice… the attorney’ are working on it.”                  Clayberry at it’ best? It gets better. After the FOIA clash, the clayberry.org went to work posting the actions of the PSD Chair and provided pictures of the events. By Feb 24th, we received this email from Ms Postelwait: Unlike meetings, my personal photo is not public information.I did not authorize you to take or use my photo and would like you to remove it promptly from your website.Also, while you may assume that I was miffed, you did not get a quote from me stating that, So I am also requesting that you remove that statement or elaborate that it was of your opinion only. Continued on the page                  After more postings, another email came from Postel: Again, please remove my name and photo's from your website.I have not granted permission for you to use such items.Today was not a public meeting and does not fall under the guidlines that allows you to report on public gatherings.My photos and name are my own personal possession and you do not have permission to use them. Melissa           Postelwait now has her own web site where she posts Clay Roane PSD related observations. Here’ some silage from her Feb 25th postings: You may have noticed the two pictures on the home page. They appeared on the other website (www.clayberry.org) with a caption stating that I was miffed and did not want to hand over financial documents. Of course, these statements came from the County Commission and are all a bunch of lies. Pretty much everything that they other website reported was false…… that I was very sick that day. I was running a fever, my head was throbbing, my ears hurt, my throat hurt, and I was nauseated. I was expecting someone to show up at 10:00 a.m. and then I would go on to my doctor…. Fran King told me to quit playing games and she was tired of a power struggle. When I informed her that I wasn’ playing games and wasn’ on a power kick she asked to see some records, just to view them. I told her no….. Never did-Roane or I trying to withhold any records. However, my schedule is just as important as theirs whether they think so or not. Now as for the pictures on the other website, yes I did want them off there and now you know why. They were on there and the story was all lie. I do not want my name or photo’ involved in lies. Mr. Waddell had only the County Commission’ statements and they were all one sided and for the most part false.          She continued: As for me running for County Commission in 2006. Your darn right I am. Things need to change in this county and Mr. Sams is not getting us anywhere but into more legal crap…. As for Mr. Waddell, I have tried to keep him up to date on what is going on in the past. Yet it seems that every time I do, he turns it around and makes me out to be the bad one. So from now on my comment to him will always be, "NO COMMENT." As for him campaigning on his website against me as a County Commissioner, I really don’ care what he has to say.          It took several hours and two attorneys to convince Clay Roane PSD Chair Melissa Postelwait public records are public. You will read elsewhere in this edition, Ms Postelwait later apologized to the three Commissioners for her actions and said she was just following her attorney’ advice. On March 2nd the Commission came back a second time and made a gazillion more copies of PSD records. What they find, if anything, is anyone’ guess.           Here’ our guess.           When the dust all settles down, the public will find out that record keeping at the PSD has a major shortfalls, there are major problems with record keeping, new books will be set up, and not much else. As for the outrageous actions of Ms Postelwait… she had her back to the wall, was under pressure and well, just didn’ handle herself too well.          Just another day in the land we call Clayberry.         AW                            Christian Service Center News           Hello friends and faithful readers! We’ like all to know that both Christian Service Centers are doing very well. The Clay Center was not open last Wednesday due to the weather, and we apologize to everyone who stopped by. Sorry that we missed you, but please come in and see us soon. The Lizemore Center is still having Senior Day, so stop by to see the great sales we’e having on Wednesdays. We’e also going to have a Special Sale Day every month. Just ask one of the beautiful ladies you’l find working at the Centers about the great deals we are having.           We want to thank all of our new volunteers working at both the Clay and Lizemores Centers – thanks, ladies, for all of your help, and God bless ALL our wonderful volunteers! We couldn’ get it done without you all.