WATER PSD BOILS OVER

Thursday nights are usually a busy night in the newspaper business. Type like crazy, head over to an early evening meeting, get a little more typing in and then check out another meeting. Just the normal night before the Communicator hits the news stands. Meetings, last minute updates, type, type, type, and put the paper to bed by 3 in the morning. Get the thing printed, on the news stands Friday afternoon and then crash for much needed sleep. That’ the norm. Didn’ happen this time!
        Clay Roane PSD’ April 14th meeting turned ugly. Real ugly. The two hour meeting was filled with potty mouth followed by a slap fest which resulted in Chairperson Melissa Postelwait being arrested for assault!
        The normal night before publication went south real quick. We tried to move our front page story over a step or two to allow for front page coverage of Clay Roane Public Slapping District (PSD). Didn’ work, there was too much formatting to be done and still meet our early Friday deadline. Instead of goofing up an important meeting, we held up publication until Monday, April 18th. Here’ our front page, above the fold, coverage of how not to operate a public meeting and how NOT to behave as a paid appointed leader.
        After waiting 15 minutes for someone who never showed up, Chair Postelwait convened the PSD meeting with Glen Sutton, Susan Beard, and Gary Whaling around the long table in the CDC building. David Saulsgiver was absent from duty. Part time employee Dale Deems told the Board, “ was rudely cut off at the last meeting [during the public comment period].”This time, Deems was allowed to speak his mind. His comments included: other projects have been completed in the past without an engineer and why couldn’ neighbors put in the Punkin Ridge water line extension, it would be much cheaper and the wait would be over. With comments aired, the Board pressed on with approval of minutes and then started into the financials.
As the board was pouring over reams of spread sheet financial information, the discussions stopped to allow Amma/Left Hand Project Engineer Jim Hildruth an opportunity to present a $64,500 “raw down”for work completed. He also covered: the Punkin Ridge project remains in limbo because the funders have NOT received needed financial documents from the district; and, discussed whether the Punkin project was based on a $100,000 loan or a grant. That last part brought notice from Susan Beard, “ agreed to a grant… with our cash flow, a loan is out of the picture.”
        With Melissa Postelwait sounding short, “he Board motioned for a loan [months ago] .... Punkin will generate enough money to pay for itself without a rate increase, it is self-sustaining with a loan or a grant…. The Board has already voted on a rate increase for Punkin if needed.” Hear that last part? Already given the OK for a rate increase for the entire system for Punkineers to have water. Does anybody remember when the Chair said she would NEVER be in favor of a rate increase for the Punkin Ridge project?
        With the part about paperwork not being done two years ago and a need for a $100,000 loan, Mr. Deems, “ thought the paperwork was done. I’e been waiting 20 years for water….I want water in my house before I die … We should do Punkin ourselves. I can run a ditchwitch!”Then the heat turned up. The Chair asked that they sign off on a document to pursue the $100,000 loan and forget about securing grant dollars. Postelwait then suggested holding a special meeting before approving the loan request. Beard, “e don’ have the money for a special meeting. I want to see a copy before it is submitted!” The sparks were starting to ignite the tender.
        They took a short break. As soon as they reconvened, remember, they haven’ completed the financial and bill paying part of the meeting, the tender moved from smoke to ignition. Postelwait raised concerns over $750.00 worth of overtime paid Chief Water Operator Jennifer Traub in March 2005. As Traub explained the shortage of weekend, part time water plant operators and Bobby Burdette not wanting more overtime work, she and Crystal McKinney chimed in about their salaries and overtime wages being posted on Postelwait’ personal web site to be seen by the world. Beard spoke up in support of Traub and McKinney. Postelwait got lathered up as she said all the info was public information and the site was not affiliated with the PSD in any way. Crystal, “f my lawyer tells you to take it off, will you?”Melissa, “O!”All four were steamed and frowny lines were plainly visible. The peanut gallery got quiet. Tension grew.
        The Chair asked to take mileage reimbursements from McKinney for attending PSD meetings. McKinney’ red hair got a little redder as Postelwait pushed for a motion to remove the mileage expense. Boardster Gary Whaling asked about the number of miles charged (too many). Chair Postelwait pushed hard for a motion to stop paying McKinney for mileage. The vote was tied, 2 to 2. The Board rift was widening as the smoke rose. The smoking tender was in need of some kindling. What came was not kindling but big, kiln dried, firewood.
        Speaking in short sentences, Susan Beard asked about salary overpayments to the Chair. She held up several pages of financials and asked about the $425 Postelwait owes the district. Call Fire Warden Joe Jelich, we have ignition! Postelwait went postal. Smokey, we have spontaneous combustion!
Potty mouth flew left and right. Oh no, not the little stuff that can slip out, but the full blown George Carlin words used in his famous 1970’ sketch. Postelwait, “’E BEEN AT EVERY MEETING! **!! %%### DON’ BE ACCUSING ME OF TAKING MONEY!” Beard added something. Postel, “ON” BE CALLING ME A THIEF!” The normally sleepy headed Glen Sutton yelled out for the two to grow up, “OU TWO STOP IT!”Although strong, Sutton’ words went right past Beard and Postelwait.
        Melissa wanted to know where the documents came from. Who provided Boardster Beard with board information. **^^!!!!! Came. In a hushed tone, McKinney, “t’ from the check book.”Beard mentioned that all financial records are public and there is certainly nothing secret about salaries.

                        Continued on the next page
        Jelich, go get Smokey the Bear, you’e going to need more help with this forest fire!
        Postelwait, looking back and forth at the two, “OU’E BEEN SMART A** AT THE LAST TWO MEETINGS…”Her orations continued with threats of a lawsuit and the need for McKinney and Beard to get an attorney. Postelwait said she was ready to sue them both! “HIS IS PETY LITTLE S***!”And then, and then, Beard referenced the documents as public and handed them to that ace cub reporter in attendance. You could see the veins pop out around as Postelwait’ mouth gapped open. The person who touts keeping the public informed, was caught speechless for a nano second.
        Are you getting the feel for the meeting, readers? After many meetings where the Board and employees openly challenged her leadership strategies and intents, Postelwait let go. As the level of potty mouth increased, her thinking capacity decreased. Here’ an example. With bleak financials facing the Board and a rate increase looming, Postelwait, “ WANT MY CHECK HANDED TO ME AT THE END OF EVERY MEETING WHETHER THERE IS ENOUGH MONEY TO PAY EMPLOYEES OR NOT!”
        Here’ another example of out of control rage from Melissa. As the Board discussed putting up a mail box at the water plant instead of McKinney driving to the Procious post office daily, the Chair asked for a motion to reprimand Crystal for eye rolling and bad attitude, “ AM SICK OF IT! WRITE HER UP!… I’ TIRED OF TAKING IT!… SHE’ GOING BEHIND MY BACK!”Crystal, “o ahead and write me up for eye rolling.. I DID NOTHING WRONG!.. I just put it [mail box] on the agenda and asked Board members why!”
        Sutton attempted to settle things down when he yelled out, “ADIES BE QUIET!”Resigning for personal (not personnel reasons) Whaling attempted to slow the pace with word on being a free country and eye rolling was still allowed in the USA, “he can express herself.”
        With Beard objecting to the discussions, Postelwait continued her fast paced assault, “’ ASKING FOR INSUBORDINATION… It’ in the policy!”On a 3 to 1 (Beard nay) vote, Office Manager Crystal McKinney was given a verbal reprimand for asking board members about what was being placed on the meeting agenda. The idea of a mail box at the water plant was tabled until a later date. At 9pm, Sutton, “his is past my bed time…”
        Hot was the time and it wasn’ over. Shortly after 9pm, a fellow in the back asked, “hy does Susan disagree with everything… What is the problem with everybody here?”After two hours of yelling and potty mouth, Gary Whaling saw another avenue for more of the same and asked the guy to take his concerns to Beard after the meeting. Beard, “ have a right to my opinion. I am just doing my job.” Still steaming, as the meeting was ending, Dale Deems yelled out he would seek Melissa Postelwait’ resignation!
        With Boardsters quick to leave the room, Chair Postelwait moved over to the ace cub reporter’ perch and demanded that he give her the board salary financials, that such documents are not public record. Reporter, “alaries are not public records?”Postelwait, “ou heard me, I haven’ approved them!”Postelwait lit in on the Mel Gibson look alike with threats of a lawsuit. Reporter, “ake it somewhere else, Melissa!”She continued. Reporter, “elissa, TAKE IT SOMEWHERE ELSE.”
        How about some notes before getting to the Postelwait slapfest after the meeting.?
         Based on the information provided this near award winning newspaper by Ms Beard, Postelwait started her appointment Oct. 12, 2002 and at year’ end had drawn $325.00 of which $50.00 was in the form of cash advances. In 2003, Postelwait was supposed to earn $2475.00 for meetings attended but with further cash advances to her salary, actually received $2784.00, or $300 too much. In 2004, her salary should have amounted to $1450.00 but instead was $1692.00. According to the documents, Chair Postelwait received an extra $425.00. According to the four page document, there is no mention of the Chair paying back the advances.
                 Something else, Clay Roane PSD bills out around $24,000 per month but takes in much less than that due to late payers and those unable to afford the high rates for water. The PSD has around $25,000 in past due bills and another $25,000 in current bills. Maybe Glen Sutton was right last month when he commented, either get a rate increase or bankruptcy may be the best option.
                 Now to the slapfest part of the evening.
                 Having gotten nowhere with the ace cub reporter and even more frothing, Postelwait headed to the front door where Susan Beard was talking to Roane Commissioner Rodney Cox. Standing around, the attendees watched as Postelwait stormed through the front glass doors and got in Beard’ face. With her finger just under Beard’ nose, the Chair let in with a barrage of F***** B***** stuff. Postelwait was out of control as she told Beard NEVER to accuse her of stealing money EVER AGAIN!
                 The normal chit chat after a public meeting ended as Postelwait edged Beard closer to curbside. Beard appeared in shock, appalled at such spit spewing verbiage and the finger in her face. With many watching, the F*** B*** part came again just before a monstrous KAAAAAAAASLAAAAAAAAP!!!! There was an echo heard in the Elk Valley.
                 Beard’ eyeglasses went one direction, her keys and handbag went another. She faltered back 4 feet holding her already reddened face. From the side, Bob Deems yelled out, “HIT HER AGAIN, I’L GO YOUR BOND!” Postelwait didn’ let up. She continued with echo producing potty mouth riddled commentary as she pushed Beard to the double line on Main Street.
                 As one little fat guy got between Beard and Postelwait to separate them, Gary Whaling phoned for law enforcement from inside the CDC building. With damage done to Boardster Beard’ face and the two separated, Melissa yelled out, “here’ that ##!!*** Crystal.?” About then peanutster Bob Deems made it clear he wanted a piece of Commissioner Cox. Deems rolled up his sleeves and readied for battle. Dale and Davey Deems and others restrained the much taller Bob Deems as he yelled out he would take on anybody that wanted to try him.
                 Realizing what was happening, Commissioner Cox, “s he after me?”Commissioner Triplett replied, “es!”
                 Around 9:20pm, badges TFC Bailey and Deputy Sizemore arrived in a blue and gold cruiser. Bailey took the lead and asked the questions. With Ms Postelwait admitting to slapping the bejeebees out of Beard, Bailey told the Chair to head over to the Magistrate’ office and wait there. Postelwait and supporters head up the stone steps to the old courthouse.
         Statements were taken from Beard who said she would press charges. People looked at each other. They had seen something not often witnessed during or after a Clayberry public meeting. With Beard in the cruiser and Melissa Postelwait at the courthouse, Office Manager McKinney came out the CDC building with the Chair’ check in hand. With many leaving the war zone, McKinney took the payday up the steps to Melissa and crew.
         TFC Bailey charged Postelwait with battery. Magistrate Jeff Boggs releasing her on a $500 bond. She is to have no contact with Margaret Susan Beard except at public meetings. That may work out just fine.
         Within 12 hours of the Public Slapping District’ battle, Clay County Commission President Peter Triplett called for a special meeting of the CCC to remove or accept the resignations of the Clay Roane PSD board. That meeting will be held after this edition goes to press BUT, since the public notice was given for the special CCC meeting, Chairperson Postelwait, also a County Commission candidate in the 2006 election cycle, stated in an email: To remove me from the board they will have to go to circuit court.I will not resign for no one.So Monday they will not dethrone anyone.If they want me off then they can spend tax dollars and take it to the courts. Melissa
         Just one more chapter in the troubled times in Clayberry.         
                                         AW
                 
                 

1.        One who obeys the will of Heaven will practice universal love. 2.        Since 2001, the number of Americans who have bought second homes has increased by 24%. 3.        7% of all homes are mobile homes. 4.        14 million households own 4 or more televisions. 5.        In 1930, 1 in 100 homes had 2.5 baths or more. Today 1 in 2 do. 6.        88% of American commuters drive to work. 7.        In 2002, there were 34,000 heart attacks in American women and 373,000 strokes. Men suffered 520,000 heart attacks and 327,000 strokes. 8.        Game experts estimate that one in 10,000 deer are albinos. 9.        According to a survey of corporate attorneys, West Virginia ranks 49th among the 50 states in legal fairness, for the 4th straight year. 10.         According to a study released by the National Beer Wholesalers Association, beer related businesses are serving up about $369 million to West Virginias economy. 11.         The federal government has predicted a 160,000 pharmacist shortage nationwide by 2020. 12.         The Ford Thunderbird will end its production in July 2005. 13.         About 20% of American kids have allergies. 14.         Armacell bought the Monarch Rubber Company’s facility in Spencer, where 67 people work. 15.         In 2004, West Virginians bought 79,124 new automobiles. 16.         West Virginia has approximately one truck for every 5 people and about one SUV for every 12 people. 17.         In the United States, sales of “ale cosmetics”and toiletries went up 37.3 percent between 1998 and 2003. 18.         West Virginia’s Medicaid program may soon stop paying for adult disposable diapers, which cost the agency $2.69 million a year. 19.         A study last year by the Environmental Working Group found that only 18 of 7,500 common cosmetics and toiletries had all of their ingredients fully tested for safety. 20.         In all, more than 3.2 million freedom of information requests were made to the federal government in fiscal year 2003.                                 LMM An Ill Wind is Blowing An ill wind is blowing across this country. This wind blows the seeds of destruction and threatens to undermine the Constitution of the United States and the fundamental rights we hold dear. Our Constitution is the blue print for our nation. It is the rock of our nation and has withstood 200 years of history. But today, the Republican controlled Congress is attacking our Constitution and we need your help. Senate Republicans are ready to nuke debate in the Senate and stand the Senate rules on their head by severely restricting our right to debate judicial appointments. They want to change the rules in the middle of the game so they can force on us far right-wing judges. It is like the farmer that once stated, “t would be unwise to change horses in the middle of a stream.” The Republicans want to change the history of the Senate which has prided itself on being the world's greatest deliberative body. We cannot let them do it. Their view of the Constitution is based on the opinions of a fancy Washington law firm. Our view of the Constitution is based on the intent of the framers who wrote it. Now you can use your our personal Constitution to share those powerful words with your friends and family. It is up to us to spread the word. Just like Paul Revere's ride in April spread the words that the British were coming, we must spread the word of what is happening and that our free speech is under attack. Tell them that our system of checks and balances is under attack. Tell them that the Senate should not become a rubber stamp for right-wing judges. Many say we don't need 200 years of American history. Opponents have stated that the history is a bore. They say our Constitution is nothing more than stale bread. We know better. We won't be muzzled by those who would like to silence the free voices of the minority. Delay, deliberation, debate is not a waste of time. It leads to greater success in making decisions. There must be no gag rule for the United States Senate. need to think carefully over the next few months and year to the 2006 elections. More Democrats will have to be elected to Congress so we can continue to have our Constitutional rights. This article is composed by Dave Derby, A True Blue Clay County Democrat Only as Good as You Want to Be DON GREENE WV RADICAL Dog-gone it! Nearly every report of a public meeting that I read about in The Communicator gets me riled up. Aren't there any elected or appointed officials in Clay that have any idea of how to conduct a meeting? My guess is that there aren't many, from the behavior I read about.         First is the continual breaking of the Open Meeting Law. Sweet mother of pearl, people! It is the law of West Virginia. It is not something you can decide whether to obey or not. I hate to say it, Mel, but you know what has to be done. Some folks will never learn their lesson but a ruling from a judge ought to stir their pea-brains up just a little. If you want a lawyer, call Ben Bryant and say I sent you to him. You can only be as good as you want to be.         Second is the abysmal behavior of some of the "chair-persons" of these bodies. I'm going to paraphrase the description of a good chairman from O. Garfield Jones’"Parliamentary Procedure at a Glance" since it covers the position so well: A good chairman is one who inspires confidence by their assurance and who keeps the body informed at all times as to what is before them for consideration and vote. No chairman can inspire confidence and maintain the dignity of the assembly when making one erroneous decision after another. A bad chair is one of those little tyrants I recently spoke of.         Point in case, the sad report that the PSD Board didn't get to vote on having one meeting a month because the Chair wouldn't call for the vote. Board members, you have a responsibility to the customers to know how to function in a meeting. I'm not called the WV Radical because I sat on my hands and let people intimidate me. In this case, any of you could have merely stood up (from the protective cocoon of your chair) and called a Point of Order, that the Chair was in error in not allowing the vote to be taken. When she refused, you would then have stood and Appealed the decision of the Chair. You don't have to be recognized by the Chair in either case. For the Appeal you would need a second, also without being recognized by the Chair. After discussing the matter, you would have voted, probably with the result that you were right and the Chair wrong. Then you would have called the vote on the first motion and been done with it.         Our government is based upon the principle of majority rule but that requires that the minority abide by the will of the majority. To accomplish this the majority must allow the minority their chance to speak. In case you forgot it in Clay County, it is called Democracy. In our government accepted rules of order are not only important, they are the very foundation of freedom. To arrange a short class on parliamentary procedure, call John David at WV Tech and say I sent you. Power to the people! Go it Alone - or Choose an Agent? Some Clay County homeowners decide each year to sell their own homes in order to save the commissions charged by a real estate agent. The commission rate may vary, depending on where you live or what agency you choose, but it is generally 7% to 10 % in the Clay County market. However, handling your own sale means you will be responsible for placing ads, answering phones and showing your home to strangers. What's more, buyers who know you are saving on an agent's commissions may offer less for your home, wiping out the financial incentive to do it all yourself. You may decide an agent's commission is a bargain the first time that a would-be buyer shows up unannounced at dinnertime. Also be aware that a real estate agent probably knows a lot more about the business of selling a home than you do. Here are some advantages professional agents offer: 1. They will help you establish a fair asking price for your home. (Please watch for agents who want you to pay a commission less than other agents, but want you to inflate the price so they will make about the same amount the other agents do but make it harder for you to sell the property.) 2. They will promote your home to other agents and list your property in the multiple listing services. Our agency shows homes on our website, make flyers for each property, and print a weekly listing of all properties our company has for sale. Your home will be exposed to all other agents, one of whom may have the perfect buyer. 3. They will create, pay for and place advertising for you in local, regional, and state newspapers. 4. They will schedule appointments to show your home to prospective buyers even when you are not there. 5. They can weed out buyers who will not qualify for a mortgage. Sometimes you have "grazers" (people you want to nibble on all property but don't have the credit history or money to purchase your property) who would want to look at your property and waste your time. 6. They can refer you to sources for insurance, inspections, legal counsel and financing, appraisers, surveyors, mortgage specialists, etc. 7. They will help you negotiate with the buyer. 8. They can make suggestions to help make your home more attractive to potential buyers. Some of these suggestions have been included in previous articles. If you decide to sell through an agent or company, ask friends and neighbors for recommendations. Talk to several agents before picking the one you want to work with. Taking a walk through your home with an agent should give you a feel for how that person will handle prospective buyers. Ask prospective agents tofora market plan for your house. Don't sign with an agent just because he or she suggests the highest asking price or the lowest sales commission. If the commissions is too low other agents will not want to show it and it will take longer to sale. Negotiate the sales commission prior to listing a home, and sign for a limited period of time, usually six months. Call your local agents who live in this area. They will probably be the ones more likely to show it and care about you. Watch for the next issue for the continuing story of Life Advice About: Selling A Home Part IV - Setting a Fair Clay County Price & Qualifying a Buyer. These articles are brought to you by Dave Derby of Greenlee Properties Inc., Clay Office. COURT ACTIONS AND MORE         14 Indictments were returned by the Spring Grand Jury. On April 5th, each stood before Judge Alsop and made their plea. All said not guilty. Some dressed clean and neat , others looking more like they just got out of bed. David Stone, petit larceny of the Little League Concession stand, Chris Dwier, trespassing and daytime burglary, Jason Triplett, B & E, Little League Concession stand, Bruce Bird, wanton endangerment, domestic battery, and brandishing; Joseph Larch for escaping from an officer, all plead not guilty and cases will be heard next term of court which begins in July.         Well, we said all, but George F. Adkins was not present and a bench warrant was issued, $50,000 bond. There was a screw up on the George F. Adkins case. The guy before the court was not “” Both sides said it was just a typo. Judge Alsop frowned.         In each case, the court ordered a urine test before allowing bond, etc. Jason Triplett refused the test and to Central Regional Jail (CRJ) he did go.         51 year old Larry Thomas stood before the court dressed in orange and in shackles. Charged with the September 13 murder of Nancy Nelson, Thomas plead not guilty to that charge and forced entry. Trial starts June 22nd with attorney John Mitchell saying he was ready to go.         All charges against Adam and Billy Jones were dropped. We understand the reason for dropping all charges was due to faulty police work from officers in another county.         Dressed in orange, Richard Cummings plead not guilty to wanton endangerment and malicious wounding. Trial date July 7. Bond set at $17,500.00         Dressed in his best white shirt, James T. Cottrell (the 7th son of the 7th son) stood charged with felony delivery of meth times 7.         A middle aged Nancy Collins plead not guilty of welfare fraud from April 1995 to April 2004 to the tune of $23,300.00.Without an attorney and making too much money for a freebee, Collins was told to find a barrister on her own. She tested negative for drugs.         With court ordering urine testing, the results came back right after a 10am break. David Stone positive for pot; Chris Dwier, positive for pot; Bruce Bird came back “ith a mixed bag this morning”according to Judge Alsop; Jerold Thompson Jr., yep, positive for pot and meth; Charles Bass passed his urine test; and, James Cottrell, positive for meth.         Here’ an interesting one, readers. Attorney Kevin Duffy told the court his client Brad Stone didn’ even know of a July 2004 indictment and the state had been dragging their feet with that case. There was no mention of the earlier indictment during the November 2004 term of court. When Stone came back from urine testing, Sheriff Holcomb said he tested positive. Stone, “ don’ know how I could test positive?”From the peanut gallery Magistrate Boggs, “ou have to know how!”Stone, “here’ no way!” With it looking real bad for Mr. Stone, attorney Duffy took a second look at the urine sample as did Probation Officer Cruickshanks. After standing for a few moments, the sample showed no drugs. Had it not been for the second look, Stone would have been in deeper doo-doo. Status conference May 16th at 11am.         Anderson Wayne Keen asked the court to review his DUI sentence citing fault with the state, Prosecutor Grindo. Keen said he was not allowed to change his plea after finding out the sentences were back to back instead of concurrent. Grindo appeared before the court and for most of the questions, he couldn’ remember much about the case. Court will give an order later but Keen remains behind bars for now.         Elvis Dawson got another day in court where he complained of miscarriage of justice. He said everything that was said during his trial was a lie. Alsop listened and listened and then listened some more. No new deal for Dawson.         On April 8th, Judge Facemire heard the Earnie Sirk et all vs. Clay Development Corporation lawsuit. Once the darling boy of the CDC, Sirk was eventually tossed from the Board and the general membership roles for asking too many questions and exposing too much in the family run social service provider. Facemire seemed to have a pretty good handle on the CDC confusion and narrowed the issues to: Does someone getting tossed from the CDC membership have a 14th amendment right to be heard prior to the tossing; was notice for the tossing of Sirk and others proper and according to CDC bylaws; can general members be tossed during specially called meetings instead of the bylaw mandated June gathering; and, can employees make up a quorum of the general membership. That last one is real important since Sirk alleges the tight family grip on family member employees and those grateful for employment by the family, makes any general membership vote suspect. Expect a decision in June 2005.         Jamie Morris got a second chance April 8th after flunking a urine test and after getting caught with meth lab stuff March 16th. Judge Facemire approved Morris heading to a drug rehab facility in Princeton. After rehab, the young man will have to stay within 100 feet of his mother’ home, stay away from convicted druggies, no weapons, no alcohol, and remain drug free. Facemire: I think he needs this rehab… He’ hooked and can’ think clearly… Once off the stuff, they can proceed… My goal is to get him rehabilitated. Mr. Morris, you need to stay away from drugs. It’ a one way street.         Morris and family will pay all expenses related to the rehab program and home confinement.         Somewhere in my notes, lost somewhere now, 24 year old Jonathan Cook received a 25 year sentence for pulling a gun and robbing Earl King’ Grocery Store about 5 years ago. After years of probation and drug treatment facilities, the gavel of justice fell.         And finally, since the last election where Justice McGraw wound up on the short end of the political stick for being lenient while on the WV Supreme Court bench, there is little chance for mercy these days. The public demands strong jail time and we’e getting it.                                                                 AW SHORT SHORTS COUNTY COMMISSION The jail bill for March 2005 was over $37,000.00. During the CCC meeting word came on a group of Hummer 4WD owners that wish to come to the county of Clay during summer months for off road action on strip mines. According to Fran King, they would come out of Kanawha County, run on the road a short distance before getting back on the trails in Clay County…. “ike through Bomont, over through Lilly and Widen and come out in Nicholas County on the way to the New River Gorge bridge…. They had a meeting Tuesday (April 12th) in Montgomery concerning W. Va. Plans.”According to Ms King, in western states, such Hummer trails generate strong tourism dollars for the communities. Commissioner King said she was “uardedly optimistic.” CAEZ Over 20 people came out in support of growing a tourism based economy in Clay County during the April Central Appalachia Empowerment Zone (CAEZ) meeting. Currently the grassroots organization is working to provide an Elk River Float trip, ATV trail (30 miles minimum in this county), and a railway based excursion line from Dundon to Swandale. Those in attendance didn’ leave empty handed. CAEZ Director Jerry Sizemore told the RR enthusiasts to come to the May 3rd Board meeting to hear a presentation from a Bright Industries (owner of the existing RR tracks) spokesman. CAEZ also received a $30,000 grant to provide micro loans to area businesses. TOWN OF CLAY: Town Council gave the thumbs up for a summer months promo to attract tourists into the county. Known as “et Away to Clay,”the group, T.I.C. (Tourism in Clay) plans to ask businesses to spruce up storefronts with park benches, flowers, and flags. Organizers of the promo include Mayor Jarrett, Dwana Murphy, Delta Communications, and CAEZ’ Connie Lupardus. They plan to lure families into the county during the 14 weekends of summer by promoting: live music shows, tours of the old courthouse, Elk River related activities, dirt track racing on O’rian Creek, and traveling along four 30 mile long “oops”which traverse the county. Already one new business, Cold Springs Campground near Glen, has sprung up. The campground opens Memorial Day weekend and offers RV’ and trailers, electric, water, and sewer hook ups. COMMISSIONER THREATENED Talk about a newspaper filled with threats and violence! County Commissioner Fran King was threatened with having her Ivydale home burned to the ground early April 10th. King said after neighbors saw an open flame in the “or sale”house, and four young people jumping in and out of an open window, law enforcement was called. King said the police discovered a “ust out of operation”meth lab and “rank”was confiscated from one of the young people. King, “right and early Sunday morning… Phillip Burnside said he was going to burn my house down with kids in it and the whole community, too. He screamed out that law wouldn’ do anything to him…” HEALTH DIRECTOR The Clay County Board of Health met in special session April 14th and selected a new Director. Saying that both Jay Carper and Linda Klotzbach met hiring guidelines, the vote was unanimous, Ms Klotzbach will assume the duties and receive a 15% pay increase. Her salary will increase by $4239.00 to $33,000.00. Clay County PSD WV Public Service Commission officials met with the PSD in April to discuss long standing plans to consolidate all the PSDs in the county into one regional provider. Although Chair Keith King said he didn’ want to speak in public while “hat”newspaper was present, employees spoke up. Basically, Clay County PSD is organized and functioning without friction, they have maps of their entire system, and they really don’ want any part of the mess found in other local PSDs. Ted Underwood is resigning from the PSD and Homer Triplett, who’ up for reappointment in September, felt the County Commission wouldn’ approve him for another term of service. MEDIA THREATENED BDA Chair “’ a better man than you!”         There seems to be a trend this edition, threats and acts of violence. No, not the drug crowd around the county, they’e behaving pretty well. We’e talking about our appointed community leaders. During the April 2005 Clay County Business Development Authority (BDA) summit, one member threatened a newspaper reporter with an early trip to the grave!         Chaired by Leonard Williams, the BDA met in regular session April 6th at the courthouse. Regular for two reasons. First, the group meets once a month and this was the normal time and second, regular for them is to go secret. They did just that five minutes into their get-together.         Chair Leonard “’ so happy, I’ so pretty”Williams asked to go into secret time without providing a state code approved reason for doing such. When confronted with the prohibited back room dealings, Williams first said for “ersonal reasons,”seconds later he changed that to “rivate things.”When this reporter complained that such prohibited executive sessions could later result in court challenges, Williams said he didn’ care and suggested a court case may be in order. His comments reflected a lackadaisical approach to the laws of the land. Fellow Boardster Glady Lanham commented that no matter what they do in hush-hush, “t’l be on that web site tomorrow anyway.”         As the public was heading for the door, peanutster Jan Derby asked “ow do you get on the board… Who’ missing from the board tonight … How many are on this board?”All were sent packing.         15 minutes later, the public was allowed back in. It was quiet. Finally, Arthur Jarrett motioned to pay a street light bill at the old State Road garage at Two Run. That was the only decision made public after the secret time. Since February when the BDA appointed a top secret club to negotiate future deals away from the full board, little has been discussed during the Business Development Authority’ meetings. The guess is, the BDA went secret to discuss uses of the old stone building at Two Run. On the street is word of moving the Magistrate and Magistrate Clerk office from the old courthouse to a wheelchair accessible location. Now, don’ tell any BDAer, the guess is, plans are afoot to move Magistrate Court to the Ambulance Service space in the Health Dept. building and the emergency service crews and trucks to the old State Road garage. My gosh, don’ breathe a word of that guess, such has to be kept secret in Clayberry!         With spring here, a prime building season at full throttle, no mention was made of excavation plans at the Filcon site, nor planned culverts to cross the creek, road access, nor tearing down the half finished concrete slab building on site, nothing. As far as the people that pay for such work, the taxpayer, is concerned, Filcon will just set there. Other than going into secret time and coming back out, the only decision was paying a power bill for a street light and discussions on that hot button issue had to be done behind closed doors. But wait, there’ more! As the meeting was adjourning, BDA Chair Williams asked that all stick around a few minutes. All did.         Before getting into the butt chewing session, a note. A few hours before this meeting, that ace cub reporter noticed Mr. Williams walking down the sidewalk. Coming close, the reporter said something along the lines of, “owdy Leonard. How’ your day going?” His response, “’e got better things to talk to!”Williams walked on. There. Now you have an idea on the mindset of the county’ economic development chairperson.         Back to the meeting…. Still sitting up front and at a slow pace, Williams asked the reporter to apologize. To apologize for postings made April 1st, April Fool’ Day, on the claywestviriginia.com website. Williams said the apologies demanded were NOT to him, but to the BDA. NOTE: those postings included: …. Business Development Authority Chair Leonard Williams was seen running down Rt. 4 buck naked singing "I'm so happy... I'm so pretty" over and over as he handed out deeds to the Filcon site!         Vice Chair Paige Willis chimed in with his two cents worth on calling the Filcon site a “wamp”on the web. The guess is, Willis was referring to this April 7th post: With the sun in full force Wednesday, locals on Main Street came up with a good idea for the Filcon wetlands. Since tourism efforts seem to be moving along much faster than industrial site development, and since Filcon is already the home to a big population of earthworms, instead of spending thousands of dollars to raise the holding 10 feet, turn the place into a night crawler farm for Elk River fisherman!         Williams, “’ not being smart aleck, I am asking you to apologize.”Jim Knotts spoke up next, “e’e not all dumb country hicks like you make us out to be!… You think it’ a good idea to turn it into a worm farm?… We don’ think that’ hilarious at all” And then spoken as the true economic development leader that he is, Paige Willis, “ounds like a dumba*** remark made by a half idiot to me!”         In response, after hearing their concerns, the rotund one spoke, “pologies extended to anyone that is offended… First, you don’ have to read it and second, I stand by it!” Williams commented on the county’ news source, The Communicator and how “y Far”that other paper, the little paper in the county, was superior in news gathering. Williams added that when he took charge of the BDA, “here were problems, those are behind us now. Jim Knotts, “ asked everyone to stop using the word Filcon.”         When the reporter reminded Williams of his “etter things to talk to” comment, Williams speech picked up a notch or two, “ want you to apologize to these fellows.”Reporter, “ell, so far, I have apologized twice and I am happy to do it again. Anybody that takes offense, I extend a heart felt apology and also say, don’ read it…..” Willis said he wasn’ accepting that apology. More comments came, a fifth and sixth apology came from the Mel Gibson look alike. “nybody that takes offense to the website postings, heartfelt apologies extended and I suggest you stop reading the website.” Still didn’ take, readers. For 10 minutes the grilling went on. Williams kept asking for another apology. Here’ the jest: Williams, Willis and Knotts were saying the BDA gets slammed at every chance on the website. They never get a pat on the back for all their accomplishments. And, they get accused of dumb actions.                 Continued on the next page          Mr. Reporter gave the assembled a one minute speech which included: “This is a public body. It operates in public. You have rules to live by. At this meeting tonight, a member of the public said, this going into executive session doesn’ meet open meeting laws. I don’ remember your exact lines, Leonard, but they certainly weren’ “we’l check into the law and we will try to adhere to the law.” I have never heard that. As a matter of fact, there has been many times when those same issues come up and they go unaddressed…. Whatever you worked out this evening with the state road garage, it could certainly be undone in Circuit Court… You Leonard, as Chair, and the Vice Chair need to operate above board and take every safe guard so there is nothing that even has the appearance of a problem… Get a copy of the Open Meeting Law and see what it takes to be kosher…”          At the end of the spiel, Williams managed to fire off some smart remark indicating an unwillingness to operate within the confines of the law, something close to: If you don’ like what we’e doing, take us to court! Again the reporter asked the BDA to get a copy of the Sunshine laws and follow them. Williams leaned on his inner circle pals for support as he commented his discourse. Willis rallied to the cause. Then came maybe the line of the night.          Are you ready, readers, for the juice? Williams told the round one, “ am a better man than you…if this is what they taught you in Kanawha County, you need to go back there!” Reporter, “’e been here 25 years and I’l probably be here until I am planted.”In response to the staying here, Willis issued his threat, “nd that’ going to be short.”Willis laughed. No one else joined in.          To confirm the threat, “aige, was that a threat?” Willis, “Did it sound like a threat?”Reporter, “’ asking you, was that a threat?”Willis, “p yours Andy, now, is that a threat?”          How about that, readers, the group that’ charged with growing a future for Clayberry, the group that’ charged with finding, meeting, greeting, and developing our county, managed to do little more than butt chew the public and then threaten the public with an early grave. Williams said the bottom line is they want to grow the county. Of course, that’ tough to do when public relations skills are nonexistent and following the law of the land is nothing more than something to laugh about.                                        AW                              Pursuing Freedom By Jim Chafin           Abraham Lincoln’ definition of a republic is perhaps the best that has ever been given: “ government of the people, by the people, and for the people.” A republic is a government “f the people”– the people compose the government. The people are governed “y the people”and “or the people”– by and for themselves. Such government is self-government; each citizen governs himself, by himself, using his own powers of self restraint, and he does this for himself, his own good, and his own best interest. “n proportion as this concept is not fulfilled, in proportion as the people lose the power of governing themselves, in the same proportion the true idea of a republic will fail of realization.” - Alonzo T. Jones, circa 1891           I felt that it would be both prudent and wise to revisit some of our earlier works and see if events of these past four years pass historical muster. It has been said of the early Romans that they possessed the faculty of self government beyond any people of whom we have historical knowledge. Because of this they became the most powerful nation of all ancient times. But their extensive conquests filled Rome with gold, and with wealth came luxury. “uxury came on more cruel than our arms, and avenged the vanquished world with her charms.”– Juvenal. In the lap of luxury came vice, self restraint was broken down, and the power of self government was lost. The Roman republic failed, as every other republic will fail when that self restraint, that alone makes a republic possible, fails. The Romans ceased to govern themselves, and they had to be governed. Self government vanished and was replaced by an imperial tyranny supported by military despotism. “oney poured in upon them in rolling streams of gold.” - Froude. Do we see any similarities between ancient Rome and modern America?           Administrative powers of the government were held by a body of senators who held office for life. These men had control of the public treasury, and political appointments were also within their jurisdiction. An appointee for, let’ say a governorship, could become extremely wealthy in a period of two or three years, so such appointments were highly sought after. The goal was wealth, the result being that senatorial families and community leaders built themselves an aristocracy of wealth they thought would last forever. Farming was big business in those days so the capitalists bought up acreage and merged it into vast estates. Public lands were leased on very easy terms by the Senate to persons of political influence who, with the passage of time, came to regard the land as their very own by right of occupation. Licinian Law, passed in 367 B.C., provided that leasers of public lands should employ a certain proportion of free laborers. As time passed, however, they came to work all of their holdings with slave laborers. It is said that the great city of Rome and, indeed, the whole empire was built entirely by slaves who comprised a large majority of those who resided there.           Wealth poured in more and more, and luxury grew more unbounded. Palaces sprung up in the city, castles in the country, villas at pleasant places by the sea, and parks, and fish ponds, and game preserves, and gardens, and vast retinues of servants everywhere. The effect of all this land grabbing, public and private, made into great estates worked by slaves, was to crowd the free laborers off the lands and into the large cities. There they found every occupation filled with slaves, whose labor only increased the wealth of the millionaires, with whom it was virtually impossible to compete. The only alternative was to fall into the schemes of political agitators, become a stepping stone for his ambitions, sell votes to the highest bidder, and then perhaps have a share in the division of the good things monopolized by the rich. To get money, by any means, lawful or unlawful, had become the national passion. “oney was the one thought from the highest senator to the poorest wretch who sold his vote to the Comitia. For money, judges gave unjust decrees, and juries gave corrupt verdicts.” - Froude           Much of what we are accustomed to think of as uniquely American in our everyday lives have roots in Roman culture. Ingenuity of the Roman craftsmen, philosophy, education and our own style of government have threads of commonality so well defined that we would be ranked as the class idiot should we choose to ignore it. Yet we hear a constant refrain from Washington these days that “istory has no hold on us; we make our own history.” Even our enlightened members of Congress and Senate, while heaping praise upon their legislative arts derived from the Roman senate, are loathe to attach any real significance to our common bonds with antiquity, insofar as current events are concerned. But the ills of this society, played out before our eyes in the media, should, I believe, be cause for concern to every citizen of this nation. Our own experiences with such crucial issues as lack of proper health care for every American, including our war veterans who are very much responsible for this country’ position in the world, should alarm us as people are systematically being deprived of their needs. Rights guaranteed by men who knew firsthand what tyranny means, are being dismantled at a frightening rate under themes manufactured for the sole benefit of elitists whose interests in the good and welfare of America is also of the Roman variety.           And then there’ religion, that ubiquitous term that lends itself to every shade of human activity and which provides shelter for every conceivable creature the mind can conjure up. Religion, that much overused term that provides sanctuary for both good and evil, saint or tyrant. Under its branches rests not only potential for greatness, but the vilest forms of cruelty and abuse. Under religion, absurdity can be an acceptable characteristic of God’ interactions with mankind. True religious faith can deliver us from the hum-drum existence of being dependant upon mere human judgment, and it can place us on a spiritual plane where the deaths of 100,000 souls on the other side of the world is plausible: “here, but by the grace of God, go I.” Or, the deaths of innocent millions in Africa or Asia will “asten the Second Coming of Jesus Christ.” We can look upon pain and suffering as an abstract painting – there is no hurt on our part, therefore it’ only a part of God’ plan for the eventual redemption of the human family. We hear about sickness and death, however it always happens to someone else. Religiosity, as a force for good, has been captured by a voodoo spirit that teaches error to an unsuspecting laity that wallows in pride, indolence, superstition, bigotry, and persecution of the non-conforming. Sadly, religion has become addicted to political correctness as the drug of choice.                              Letter to Brother Bill By Evelyne McLaughlin           Dear Bro. Bill: Here we are in mid-April, 2005. Time just keeps on marching on. It was April 18, 1993, when I took Mom to the hospital. As I drove near Clendenin, Mom remarked "Oh, that beautiful red bud. Well, it is that time of the year again.” Of course, I miss Mom every day, but when I see the red bud in bloom it brings that day back. As you recall, she passed away June 21, 1993. To you folks who still have their mothers, cherish them. Life is short and all too soon, they are gone.           Ramona Samples and I went to The Christian Center at Lizemores last week. We also ate at Freda's. While there, we saw the James Bird Family again, big Birds, middle sized Birds and little Birds. It is always a pleasure to see the Birds. Lyle Shreves, of Terra Alta, told me that they had seven and one-half inches of snow a couple of weeks ago. I don't think we had that much at one time all winter. Sylvia Summers is retiring soon from the Valley Fork School. She will be sorely missed.           Nadine McKown has returned home from a hospital in Pittsburgh. Mary Varney Vaughn has been a patient at the Cleveland Clinic. Jordan Varney is still having health problems. Bill Hanshaw has returned home from the hospital, following liver surgery. Joe Foreman, of Charleston, has been in the hospital at Charleston, following a fall. All of these folks need our prayers. I was so sorry to learn of the death of Phyllis Cruickshank Lambert. Phyllis and I went to high school together. Our sympathy goes out to her family.           A little joke, with a moral. We should be careful what we say in front of our small children. A friend hosted a dinner party from work, and everyone was encouraged to bring their children. All during the sit-down dinner one of the co-worker’ three-year-old girl stared at the man sitting across from her. The little girl could hardly eat her food for staring. The man checked his tie, felt his face for food, patted his hair in place, but nothing stopped her from staring at him. He tried this best to just ignore her, but finally it was too much for him. He asked her, "Why are you staring at me?" Everyone at the table had noticed her behavior and the table went quiet for her response. The little girl said, "I just want to see how you drink like a fish!" (copied) If you don't want it repeated, do not say it in front of a small child. You'd be surprised at what I have been told during the many years that I taught.           And, the SOAP SUDS keep going down our once clean stream. It is awful during the summer, children play in this stream. Some folks use the water for watering their animals. Surely, something can be done concerning this problem.           A special hello to the king, and all of his gentlemen, Dawn Casto, Sonny and Myrtle Arbogast, Norma Samples Johnson, Mary K. King, and Rheeneta Bennett. Hope you folks are well and happy. HAPPY BIRTHDAY WISHES TO WANITA KOCH, of Blue Knob (April 21st.)           I do hope you are feeling better Bro. Bill. Being sick certainly isn't a picnic. I understand Bro. Roger Cummings will be conducting church services in our community soon. Other details will be sent as soon as I learn when and where. I saw Bro. and Sis. Robert Walker Wednesday. It is always good to see those folks. There has been an addition to the lamb family at our place. Little Sampson was born this week and his momma didn’ want him. Yep, you guessed it, he is now in the wash room with the birds. Mike Shamblin came this week and sheared two of the big sheep. I really appreciate him.           Another little story titled "Difference": A man was walking down the beach at sunset. As he walked along, he saw another man in the distance. He noticed this man kept leaning down, picking up something and throwing it out into the water, again and again. As he approached even closer, he noticed that the man was picking up starfish that had been washed up on the beach. He was throwing them back into the water, one by one. Puzzled, he approached the man and said, "Good Evening. I was wondering what you are doing." “’ throwing these starfish back into the ocean. You see, it’ low tide and all these starfish have been washed up onto the shore. If I don’ throw them back into the ocean, they’l die up here from lack of oxygen.” “ut, there must be thousands of starfish on this beach. You can’ possibly get to all of them. And, don’ you realize this is probably happening on hundreds of beaches all up and down this coast? Can’ you see that you can’ possibly make a difference?” The man bent down and picked up yet another starfish, and threw it back into the ocean. With a smile he replied, "Made a difference to that one!” (Copied)           The wise old bird says: Just remember, no matter how small the deed, it really does make a difference to someone. We should make a difference today. Do something nice for someone else, even if it is just sending a card, a phone call or a smile and let them know somebody cares about them.           I love you Bro. Bill, tell Allie I said hello and also the “utt Brothers.”          Until next time - Help us all to be brave, love, Sis.                    MAGISTRATE REPORT                    Felony          03/31/05: Bailey – James N. Mullins, burglary (12/08/04), preliminary hearing continued by Court to 04/14.          Misdemeanor          04/03/05: Belt – James K. Paxton, harassing telephone calls, warrant issued.          04/04/05: Wiles – John Scott Nine, assault, appeared, ROB.          04/05/05: Slack – James Paxton, trespassing, warrant issued; Slack – Jesse Norton, passing in no passing zone, summons.          04/07/05: Holcomb – Crystal Jones, obstructing, arrested, ROB.          04/11/05: Elswick – Peggy Sue Hanshaw, battery, summons; Wriston – Melanie Dunlap, destruction of property, warrant issued; Angela Bartsch – Rebecca Legg, peace bond, appeared 04/12, ROB; Angela Bartsch – Russell Legg, peace bond, summons, appeared 04/14, ROB.          04/13/05: Bailey – Donald R. Peck Jr., violation of domestic violence protection order, summons; Frank Bullard – Franklin R. Legg, worthless check complaint, warrant issued.          04/14/05: Wriston – Adam Arnold, no proof of insurance.          Civil          03/31/05: James and Jaretta Hisson – Jeffery Davis and the Poca Valley Bank, money due, subpoena.          04/05/05: R.B. Legg Jr. DDS – Carla Duttine, money due.          04/12/05: Mary Moore – Wanda Hannah, wrongful occupation, subpoena; Clinton Nichols – Alex Carte and Chris Dwier, wrongful occupation, subpoena; R.B. Legg – Virginia Stewart, money due.          Worthless Checks Notices Issued          03/17/05: School Food Services – Tresea Truman (paid 03/28).          04/01/05: Frank Bullard – Franklin R. Legg, misdemeanor file opened.          04/04/05: Carte’ Quick Stop – Nancy M. Sizemore X 2 (paid 04/08); Jonathan E. Fostr; Amandra S. Fitzwater.          04/07/05: House’ Market – Karen S. Coe (paid 04/14); Darlene S. Deems (paid 04/12).          04/11/05: Connie Brown – Joseph L. Mollohan; Clay Supermarket – Karen Coe; Cassie Cottrell X 4.          04/14/05: Main Street IGA – Tom F. Ratliff; Trina J. Neff; Judith A. Rhodes.          Citation Register          03/26/05: Sheriff’ Dept. – Edward D. Stricker, registration violation.          03/29/05: State Police – Tammy R. Cogar, speeding.          04/03/05: State Police – Christopher Daniels, speeding and operator’.          04/04/05: State Police – Kelly Lynn Boggs, MVI; Craigery Booher, speeding; Orban E. Chamberlain, speeding; Robert E. Lowther Jr., speeding.          04/06/05: State Police – James Earnest Ryan, speeding and no POI.          04/09/05: State Police – Heather L. Neal, no POI.                              Christian Service Center News           It’ a glorious day the Lord hath made, the sun is shining, the birds are singing, and everything is beginning to bloom. What more can we ask for?           We are stocking the shelves and racks at both Christian Service Centers with new items every day, so be sure to come in and browse around. We’e sure you’l find something for everyone. Remember that next month we celebrate Mother’ Day, and we’e having drawings at the Lizemores location. Everyone is welcome to just stop in to visit our volunteers or to meet with friends.           School will be out soon and families will be going on vacation – be careful if you are planning to travel. Of course some of us (myself, for one) will be having family coming to visit this summer. It’ such a joy to see my children, grandchildren, and other relatives. We have so little time together that it really means a lot to me, and I try to make every moment count.           Freda’ Restaurant continues to do well. Every day we have new customers coming in. We’e looking forward to summertime and ice cream cones, yum-yum!           I’ taking this opportunity to extend my deepest thanks to Bobbi Morris for all her recent help. Bobbi, I know I can always count on you, thank you and God bless you. And Ethel Mullins, you are always there when I need you and never let me down. You are a really true friend, thank you and God bless you. All of the volunteers at both Christian Service Centers make it possible for us to continue God’ work. Bless you all.           We are sending our prayers for the family of Shawn Michael Roat, who left us. He will truly be missed by all who knew and loved him. We are praying for Josh McKinney, injured in the same accident, and his family and friends.           Our condolences to the family of R. Brooks Legg, our thoughts and prayers are with you.           Others we’e added to our prayer list: Kathy Schuler whose mother has been ill; Tom and Elizabeth Auxier, Elizabeth recently fractured her foot (with 4 children that’ a trial!) and Tom broke his hand while at work; and, the Gilliam Family of Jodie who recently lost their child. The family asks that all donations be sent to the Pennington Funeral Home in lieu of flowers – thank you in advance.           Charlotte Taylor made a trip to the emergency room last week, but we are happy to report nothing wrong and she’ home. The Center wouldn’ be the same on Mondays without her and Ethel there. Charlotte, God bless you.           Until our next newsletter, may God bless and keep you all. Remember, God loves you, and so do we.                                    Freda Auxier & the Staff of CSC                              LAWSUITS ABOUND Clendenin Under Siege           We have a few more court document snip-its on the 20 some lawsuits plaguing our southern border colony of Clendenin. At issue is road patrol tactics followed by court room dealings under the stewardship of Judge Jack Boone. For a number of years, Clendenin has been known as a speed trap. An early court case banned the use of radar guns in the Class IV municipality. Such orders didn’ stop Mayor Evelyne Robertson from telling her badges to go ahead and use the forbidden units. Since the departure of Robertson, and under new leadership, the badges continued their ways and employed new tactics to fill the town coffers, go well over the limits of the law, and as you read these snipits, do pretty much as they pleased over the last four years. One time Kanawha County Prosecutor Mike Clifford is the plaintiffs’ attorney in this latest round of civil cases. Here we go with a few of the allegations in the continuing saga of “ill They Ever Learn?” On or about March 8 of 2004, the plaintiff Anthony Short was picked up by defendant Sams for public intoxication and taken to C.A.R.E.S., a facility designed for the short-term detoxification of public inebriates. On June 8, 2004, defendant Sams gave plaintiff’s mother, Connie Short, a citation which purportedly cited plaintiff for public intoxication on March 10 and which directed him to appear at a hearing approximately 34 minutes after the alleged offense date. No citation was served upon plaintiff. On June 18, 2004, the plaintiff was picked up again by officer Sams and taken to the South Central Regional Jail where he was detained without bond being established until June 23, 2004, when he was finally taken before the Municipal Court of Clendenin and charges were dismissed. Plaintiff believes his incarceration was pursuant to a commitment signed by defendant judge on a pre-signed form. As a proximate result of defendants’conduct, plaintiff Anthony Short was illegally detained in the South Central Regional Jail for five (5) days on a non-jail offense, without being taken before a judicial authority and without bond being set, and suffered otherwise for which damages are here prayed, in excess of the jurisdictional limits of this complaint. Defendants in each case includes: 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.           Plaintiff Summer Blosser was cited by Defendant Cox for a violation of West Virginia Codes 17C-5-2d (DUI), 60A-4-401c (Possession), Open Container (Town Ordinance) and Destruction of Property on November 13, 2004 at 0141 hours and was committed to South Central Regional Jail pursuant to a commitment order purported signed by Defendant Boone, which plaintiff believes was a pre-signed blank form completed by Defendant Cox, as plaintiff was not taken before a magistrate or a municipal judge, nor was bond set. Plaintiff was taken before defendant Boone the following day. At court, defendant Boone advised plaintiff Summer Blosser that he would set bond at $36,000 and said that if she had $3,600.00 in cash or $36,000.00 property bond with a clear deed she would be released from jail. Plaintiff Blosser was sent back to the South Central Regional Jail on Saturday night.           Continued on the next page Regina Veltri attempted to post bond on Monday but was refused. Plaintiff Blosser was transported back to court on Monday night where bond was reduced to $1500.00 cash and was told to plead guilty to the DUI or she was going back to jail. Plaintiff Blosser was ordered six months unsupervised and six months supervised probation and ordered to take a drug test on December 15, 2004, wherein Defendant Cox said she failed. On January 4, 2005 Plaintiff Blosser submitted to a second drug test, wherein Defendant Cox stated she had failed. Plaintiff Blosser returned on February 2, 2005 for another drug test, wherein Defendant Cox stated that she had poured tap water in the cup and told her to go produce another urine sample or she was going to jail. Defendant Cox had to leave for another call and told Plaintiff Blosser to call or come back tomorrow or he would come and get her. Plaintiff Blosser went to Dr. Suvannoparat, received an order for a urine test and went to CAMC Memorial Hospital where testing was done on February 3, 2005 which was completely negative of any drug activity. Plaintiff Blosser called Defendant Cox on February 4, 2005 for testing and was told by Defendant Cox she was off probation.           Plaintiff Melanie Hodge was cited by defendant Jamie Sams on or about August 10, 2004 for reckless driving, in violation of West Virginia Code 17C-5-3, alleging that she crossed the center line while driving towards Clay. Said citation occurred near the Save-A-Lot which is outside the Town of Clendenin limits. At her hearing on August 25, 2004, she requested court appointed counsel as she is on disability, but was denied the right to complete an affidavit to that effect. Defendant Boone advised her that if she remained pleading not guilty, she would have to go to jail or post a $10,000.00 bond even though the maximum fine was $500.00. Defendant Larry Conrad and Defendant Jamie Sams took her aside and told her that if she insisted on not guilty, she would be taken back to jail.           As a proximate result of defendants’conduct as aforesaid, plaintiff Hodge was compelled, coerced and extorted to plead guilty and to waive counsel by defendants Jack Boone, Jamie Sams, and/or Larry Conrad, in contravention of her constitutional and statutory rights, for which she was fined $250.00 plus costs and directed to pay her fine to the Town of Burnsville, and has suffered otherwise, for which damages are here prayed.                  Plaintiff Jeanie Woods was cited on November 19, 2004 for a violation of West Virginia Code 17C-5-2 (DUI) by defendant Cox. She was not taken before a magistrate or municipal judge and was committed to the South Central Regional Jail by a commitment signed by defendant Boone where she remained incarcerated under a $2,000.00 cash/surety bond until approximately 2:25 p.m. the following day after bond had been posted in that amount. She appeared for court on December 8, 2004 when defendant Boone advised her that if she did not plead guilty, she would have to go back to jail and post another $2,000.00 cash bond. When she pleaded guilty, she was fined $300.00 and assessed costs in the amount of $362.00, an amount in excess of the statutory mandate. She was also told that she had to return on February 9, 2005 to take a drug test. If she failed her test, she would be returned to jail.           Plaintiff Howard Lilly was the subject of a criminal complaint filed in Kanawha County Magistrate Court (04M-2542) by defendant Zachary R. Conrad on March 8, 2004 for picking his son up at Elkview Middle School, clearly out of the city limits of the Town of Clendenin. Thereafter, he was unlawfully pulled over by defendant, Zachary Conrad, on several occasions, both inside and outside the city limits and told he was not to be in the town, was finished, was threatened to be taken to jail was placed on great fear for his personal safety. As approximate result of the defendants’conduct as aforesaid, plaintiff Lilly was deprived of his statutory and constitutional rights, was compelled to abandon his apartment in Clendenin and remove his child from Elkview Middle School and was otherwise damaged           Plaintiff Darren M. Harper was cited on November 18, 2004 by defendant Cox for a violation of West Virginia Code § 17C-6-1a (too fast for conditions) outside the city limits while driving a dump truck in second gear. When he appeared in court on December 8, 2004, plaintiff attempted to plead not guilty and was told by defendant Boone that he would have to post a $3,000.00 cash only bond. Defendant Gregory took plaintiff to the processing room and told him if he did not want to spend the next two weeks in jail, he would change his pleas to guilty and waive his right to counsel.           As a proximate result of defendant’ conduct as aforesaid, plaintiff was coerced, compelled, and extorted to waive his rights to counsel and to a hearing and was coerced, compelled and extorted to enter a guilty plea of “riving to Fast under Conditions,”in contravention of his constitutional and statutory rights, for which he was fined $75.00 plus costs.          On December 18, 2004, defendant Cox unlawfully and maliciously caused plaintiff Darren M. Harper’ car to be towed from private property by Mitch’ 24 Hour Towing Service and refused to allow plaintiff Harper to get in the car to show him the proper registration papers on the vehicle, proximately resulting in a wrecker fee of $65.00 and great annoyance and inconvenience to this plaintiff.           Plaintiff Cynthia Rose received a ticket from defendant Town of Clendenin police officer on or about April of 2004 for going the wrong way on a one way street. She went to Court that summer and was ordered by Defendant Boone to perform community service before he set the fine. She worked three days cleaning the town hall, getting mail and performing other services as directed by town employees. In August, she went back to Court, where the Court was unable to find the original ticket. Defendant Boone made up a new warrant on the spot, charging her with the same thing and fined her $384.00, even though she never entered a plea nor was allowed to enter a plea.           As a proximate result of defendants’conduct as aforesaid, plaintiff Cynthia Rose, was compelled, coerced and extorted to perform involuntary servitude for defendant Town was deprived of her constitutional and statutory rights, was required to pay a fine of $384.00 and suffered otherwise, for which damages are here prayed.                     Isn’ that last one a winner? In small town America, often the wheels of justice are pot marked with little stinkers like those alleged in Clendenin. Watch out, Clayberry drivers, some of our own have already been caught up in the Clendenin mess.           We’l keep you posted as each case progresses.                                                  AW                  BOB CLARKE Curmudgeon’ Corner                   Dear Bro. Bill: Here we are in mid-April, 2005. Time just keeps on marching on. It was April 18, 1993, when I took Mom to the hospital. As I drove near Clendenin, Mom remarked "Oh, that beautiful red bud. Well, it is that time of the year again.” Of course, I miss Mom every day, but when I see the red bud in bloom it brings that day back. As you recall, she passed away June 21, 1993. To you folks who still have their mothers, cherish them. Life is short and all too soon, they are gone.           Ramona Samples and I went to The Christian Center at Lizemores last week. We also ate at Freda's. While there, we saw the James Bird Family again, big Birds, middle sized Birds and little Birds. It is always a pleasure to see the Birds. Lyle Shreves, of Terra Alta, told me that they had seven and one-half inches of snow a couple of weeks ago. I don't think we had that much at one time all winter. Sylvia Summers is retiring soon from the Valley Fork School. She will be sorely missed.           Nadine McKown has returned home from a hospital in Pittsburgh. Mary Varney Vaughn has been a patient at the Cleveland Clinic. Jordan Varney is still having health problems. Bill Hanshaw has returned home from the hospital, following liver surgery. Joe Foreman, of Charleston, has been in the hospital at Charleston, following a fall. All of these folks need our prayers. I was so sorry to learn of the death of Phyllis Cruickshank Lambert. Phyllis and I went to high school together. Our sympathy goes out to her family.           A little joke, with a moral. We should be careful what we say in front of our small children. A friend hosted a dinner party from work, and everyone was encouraged to bring their children. All during the sit-down dinner one of the co-worker’ three-year-old girl stared at the man sitting across from her. The little girl could hardly eat her food for staring. The man checked his tie, felt his face for food, patted his hair in place, but nothing stopped her from staring at him. He tried this best to just ignore her, but finally it was too much for him. He asked her, "Why are you staring at me?" Everyone at the table had noticed her behavior and the table went quiet for her response. The little girl said, "I just want to see how you drink like a fish!" (copied) If you don't want it repeated, do not say it in front of a small child. You'd be surprised at what I have been told during the many years that I taught.           And, the SOAP SUDS keep going down our once clean stream. It is awful during the summer, children play in this stream. Some folks use the water for watering their animals. Surely, something can be done concerning this problem.           A special hello to the king, and all of his gentlemen, Dawn Casto, Sonny and Myrtle Arbogast, Norma Samples Johnson, Mary K. King, and Rheeneta Bennett. Hope you folks are well and happy. HAPPY BIRTHDAY WISHES TO WANITA KOCH, of Blue Knob (April 21st.)           I do hope you are feeling better Bro. Bill. Being sick certainly isn't a picnic. I understand Bro. Roger Cummings will be conducting church services in our community soon. Other details will be sent as soon as I learn when and where. I saw Bro. and Sis. Robert Walker Wednesday. It is always good to see those folks. There has been an addition to the lamb family at our place. Little Sampson was born this week and his momma didn’ want him. Yep, you guessed it, he is now in the wash room with the birds. Mike Shamblin came this week and sheared two of the big sheep. I really appreciate him.           Another little story titled "Difference": A man was walking down the beach at sunset. As he walked along, he saw another man in the distance. He noticed this man kept leaning down, picking up something and throwing it out into the water, again and again. As he approached even closer, he noticed that the man was picking up starfish that had been washed up on the beach. He was throwing them back into the water, one by one. Puzzled, he approached the man and said, "Good Evening. I was wondering what you are doing." “’ throwing these starfish back into the ocean. You see, it’ low tide and all these starfish have been washed up onto the shore. If I don’ throw them back into the ocean, they’l die up here from lack of oxygen.” “ut, there must be thousands of starfish on this beach. You can’ possibly get to all of them. And, don’ you realize this is probably happening on hundreds of beaches all up and down this coast? Can’ you see that you can’ possibly make a difference?” The man bent down and picked up yet another starfish, and threw it back into the ocean. With a smile he replied, "Made a difference to that one!” (Copied)           The wise old bird says: Just remember, no matter how small the deed, it really does make a difference to someone. We should make a difference today. Do something nice for someone else, even if it is just sending a card, a phone call or a smile and let them know somebody cares about them.           I love you Bro. Bill, tell Allie I said hello and also the “utt Brothers.”          Until next time - Help us all to be brave, love, Sis.                    BELT REMAINS MISSING                             For over 9 weeks a young Jennifer Nicole Sears Belt remains missing. Ms Belt is the daughter of Wilma Pringle. We interviewed Ms Belt’ mother this week and she provide this update.                  Ms Pringle, “ saw her on February 8th. That’ when she really left my house. I didn’ report her missing earlier because she was stressed out with her relationship with her husband.”Pringle confirmed that Ms Belt was divorcing her husband Ronnie Belt and the strain of such legal matters were immense. She went on, “he told me that it sure would be nice to get away. I just thought she was going away to stay at a friend’s house or something. It didn’ bother me too much at first… for about a week. That second week came and it came to me to call the cops and tell them what’ going on. That’ when I reported her missing.”                  Ms Pringle commented that police agencies had not provided her with any information on their investigation or what they had discovered. “he has disappeared. Absolutely disappeared. She would not leave her little three year old boy. She wouldn’ do that and not call me.”Ms Pringle cared for the youngster during the first 6 weeks of the disappearance, “e was with me for 6 weeks then their divorce came up March 17th. She was the one that filed the papers and she wasn’ there. He got custody of the little boy.”                  With tears swelling, Pringle slowed her words, paused, “He’ the only part of her I’e got left.”           According to the Bureau of Crime Statistics, in 2003, persons age 12 to 24 sustained violent victimization at rates higher than individuals of all other ages. Beginning with the 20-24 age category, the rate at which persons were victims declined significantly as the age category increased. The FBI's Uniform Crime Reports show that in 2002, 90% of murder victims were age 18 or older. Of all murder victims, 45% were 20 to 34 years old. Some differences were found between household income levels as to whether persons were more or less vulnerable to violent crimes in 2003. In 2003, persons in households with an annual income under $7,500 were robbed at a significantly higher rate than persons in households earning more. Persons in households with an annual income of less than $7,500 have higher rates of assault than persons in households of higher income.                  In 2003, persons who had never married and those who were divorced or separated were victimized at higher rates for robbery and aggravated assault.                  In hindsight, Ms Pringle, “ should have reported her missing earlier. My husband died in January and I just wasn’ thinking too clearly. It’ hard to know what to do. I would tell other mothers out there, get out and ask all kinds of questions. Ask the police questions. Contact law enforcement every day. Try to get the local sheriff involved if possible. Get them all involved with the investigation. I am not a person to ask for help, it’ not because of pride, I was learned to be independent….. I would tell other parents to get the info on TV stations. Make sure they get it in every newspaper. Get it in the Charleston newspapers, The Communicator. I’ not so sure about the Free Press….”                  From the FBI web site: Violence against men and women by friends /acquaintances and strangers and intimate partner violence against females fell                    significantly between 1993 and 1998. Family members were most likely to murder a young child -- about one in five child murders was committed by a family member, while a friend or acquaintance was most likely to murder an older child age 15 to 17. For murder victims, 43% were related to or acquainted with their assailants; 14% of victims were murdered by strangers, while 43% of victims had an unknown relationship to their murderer in 2002. In 2002, women experienced an estimated 494,570 rape, sexual assault, robbery, aggravated assault and simple assault victimizations at the hands of an intimate, down from 1.1 million in 1993. In 1993, men were victims of about 160,000 violent crimes by an intimate partner, and in 2002 men were victims of about 72,520 violent crimes by an intimate partner. Intimate violence is primarily a crime against women. In 1998, females were the victims in 72% of intimate murders and the victims of about 85% of non-lethal intimate violence.           Women age 16-24 experienced the highest per capita rates of intimate violence (19.6 victimizations per 1,000 women).           Ms Pringle questioned unequal justice in Clayberry, “ feel like if my name was a real important area name… maybe I am wrong. Maybe I shouldn’ even be saying this…. If I had had a lot of money…I feel like I am not an important enough person. You might get more help if you had enough money.”Pringle mentioned a new law, a “Lee Ann Law.” According to Ms Pringle, if someone turns up missing after filing a domestic violence petition, law enforcement has to treat the disappearance as a homicide. “ should be able to sign an affidavit and turn this into a homicide investigation…. There are things I want to say but am afraid to say…”           In 2003 about a quarter of incidents of violent crime occurred at or near the victim's home. About one in four violent crimes occurred in or near the victim's home. Including these, about half occurred within a mile from home and 76% within five miles. Only 4% of victims of violent crime reported that the crime took place more than fifty miles from their home. Twenty-two percent of victims of violent crime reported being involved in some form of leisure activity away from home at the time of their victimization. Twenty-three percent said they were at home, and another 19% mentioned they were at work or traveling to or from work when the crime occurred.                  A $1000 reward has been offered. Ms Pringle said she has not received any information as a result of the reward, “ would like to say, if anyone knows anything about her, please call the State Police. Do not be afraid to get involved. This is a terrible loss. Don’ be afraid to help somebody. I am actually thinking she is probably not even alive right now. I don’ know.”                  Since Ms Belt’ disappearance February 9th, rumors have spread that bodies have been found left and right, from Widen to Bomont. As of April 14th , the investigation continues.                                AW                    CHATTER           I don't smoke but secondhand smoke is harmful according to those who are supposed to know.Now you want Hummers, bummers, diesels and I suppose motorcycles and 4-wheelers vacationing here.Think of the smog, noise and pollution.The rainbow stew people were run out of Webster Co.,although clean compared to the people you are suggesting. Unlike most people in the county, I visited the rainbow camp.Do we want noise and smog or a quiet community?I must fasten my seat belt but these people run wild and reckless.We run out and make a big to-do whenever one of the wild crowd wrecks and gets hurt or killed.Tax dollars or fees or bond issues pay the cost, but I can't drive to town without my seatbelt fastened. I think I'll join the goatsexers club!They have the power and control and the best of everything. BURLEY R. BRAGG                    LEGISLATIVE UPDATE From the Desk of Senator Shirley D. Love (D)          Friday April 15, 2005                     The West Virginia Legislature dealt with hundreds of complicated issues during the just completed regular session. In all 2,115 bills and 341 resolutions were introduced in both bodies, of those 264 bills were approved. Among bills considered were 80 addressing abortion, 60 about health issues, 59 on banking, 47 on elections, 6 on gambling, and 24 on economic development.           The Governor wanted and got most all of his proposed legislation in one form or the other. One of his main bills, Third Party Bad Faith, passed in the final hours. The Governor’ pharmaceutical bill did not pass, nor did table games.           Circuit Judges, Family Law Judges, Supreme Court Justices and Magistrates all received substantial pay increases. This bill faces a possible veto from the Governor. Other significant legislation included a cell phone tax that will support 911 services and construct new cell towers for more uniform services. A livestock bill that would exempt farm equipment and animals from property taxes used in agriculture was passed. Hunters with disabilities can use cross bows during the regular archery season.           Residents on Social Security would no longer have to pay taxes on their unemployment benefits. A bill signed into law was the Unborn Victims of Violence Measure. Cities can now double the hotel-motel tax to six percent, if they so desire.           The Governor is expected to call a Special Session in late Summer for the purpose of addressing salary increases for teachers and public employees.           The Governor signed into law a bill that will authorize a Special Election Saturday, June 25th. The one issue ballot would amend the Constitution so 5.5 billion dollars in bonds can be sold to fund the payment for three state pension funds, teachers retirement and state police.           The budget bill for the 2005-2006 fiscal year is expected to be finished by the Budget Conference Committee by this weekend. The Governor proposed a 3.262 billion dollar spending Plan, up 160 million over the current General Revenue Budget.                    That’ it for this year’ final Legislative Update.          Sine die.          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                    Senator C. Randy White                     During the last week of Regular Session, it’ typical for lawmakers to be at the Capitol late into the evening, grid-locked in compromise and consideration over remaining legislation. However, the Senate and House worked expeditiously to get things moving early so legislation was not piled up until the last night. I congratulate leadership for doing a phenomenal job at mapping out this precedent-setting session.           Saturday, April 9 was the final day of session; ending at midnight that evening. What could have been one of the most famous bills in this Legislature’ history came down to a debate between houses but ultimately was defeated.           On Wednesday, April 6, the Senate Health and Human Resources Committee took up House Bill 2852, also known as the Pharmaceutical Bill, which was designed to reduce the cost of prescription drugs for West Virginians. Members of the committee amended the House version, removing the authority of the newly created pharmaceutical advocate to negotiate prescription drug price discounts with drug manufacturers. It also removed provisions which made the Federal Supply Schedule the benchmark for state price negotiations.           How many times do we need to see the same commercial about the “iracle”pill that supposedly cures one problem but creates 10 more, dubiously named “ide effects?”West Virginians, and overall, the American people should not have to pay more for prescription drugs just to cover the costs of the barrage of advertising pharmaceutical companies shove into every commercial break of every TV show when countries in Europe and our neighbors to the north pay less. For the bill to have had any weight, it needed to give the state the ability to compare its price against the rest of the worlds’ I supported Speaker Kiss’version of the bill and commend him for all his hard work and effort to bring this momentous legislation to the forefront and stand up for the people of this state. Senator Love and I were sponsors of Senate Bill 710 which would have created a small grants program within the Tourism Promotion Fund. These grants would have covered 75 percent of the cost of direct advertising for projects under ten thousand dollars. An applicant would have been limited to two projects per year but the advertising would not have been limited to a specific area. Three bills, of which I was a co-sponsor, passed both houses and have been sent to the Governor for his consideration. Senate Bill 183 will grant prison wardens the authority to allow their inmates to withdraw funds from their mandatory accounts before they reenter society. Senate Bill 548 will add Public Service Commission motor carrier inspectors as law-enforcement officers and provide penalties for assault and battery against them. Senate Bill 744 adds language to existing code to clarify that an employee, or in case of death, widower and or dependant could sustain a lawsuit against an employer or otherwise liable person for intentional injury against the employee.           This has been a marvelous session and I look forward to returning to Charleston next year to further enhance the life of every West Virginian. Although the Regular Session has ended, my job as a Senator is not. If you have questions or concerns throughout the rest of the year, do not hesitate to contact me by phone at (304) 847-5305 or by e-mail at crwhite@mail.wvnet.edu.