January 11, 2001

        Clay County Commission has had lots of meetings during the last three weeks or so. Lots of decisions and even more interesting discussion. Although we do have space limitations, we’ll try to give in depth coverage on each. Take off your shoes, throw some logs on the fire and here goes.
DEC 26, 2000
        Commissioners Matthew Bragg, Jimmy Sams, and Tim Butcher met Dec 26 at the Courthouse. With the outside temperatures hovering at 5 degrees, around eight sat in the peanut gallery watching our leaders lead. After opening the meeting with Matthew Bragg’s prayer, Clay County Commission (CCC) President jimmy Sams read from a letter informing all that the State Road guard rail project would not happen in the Lizemore area.
        First up on the agenda was Clay Development Corp (CDC) Chair Earnie Sirk. Sirk was back asking the CCC to pay the utility bills for his agency as they do for the Clay County Senior Nutrition and Activity Center. Long time readers know that there has been a war between the CDC and the “Nutrition Site” for over a year. Mr Sirk had approached the CCC three months earlier and was again reminding them that his group wanted equal treatment ($). Sirk also brought up the lawsuit his group has against the Nutrition Site over the Site using the words “Senior Center” in advertisements. CDC claims to be the only ones in the world ( just kidding, in Clay County) that should use the words “Senior Center” or “Senior Citizens”. Sirk claims that by using the “senior” word in the Nutrition Site program, confusion results. What Sirk did not say was that, he feels the Nutrition Site has received CDC intended dollars from Federal and State agencies in the past. Sirk, “People go to the wrong place!” Sirk asked the CCC gang to stop Nutrition Site Director Herschel Shamblin from using senior in the signage and force the Nutrition Site to use only “Putnam Aging Nutrition Site”. Sirk felt the CCC had this power since the Nutrition Site building is owned by the CCC and the CCC pays utilities there. Sirk, “You fellows can stop this..”
        The discussion continued as Commissioner Butcher told Sirk that Shamblin’s boss (Rebekah Micks) had recommended the name the group currently is using. Sirk,” Rebekah Micks knows Herschel Shamblin and Clinton Nichols are creating the problems.. It’s spite work!!!..” Sams countered that the CCC helps with the bills but questioned wether they have the power to change an agency name. Sirk, “It’s your building!” Sams, “If they have a drunken party, we would stop that..” Sams admitted that he did not see the confusion in the two agencies’ names. Matthew Bragg finally waded into the quagmire with “I think the senior dollars should be divided among both organizations equally..” Sirk continued on the confusing. He made no ground. Butcher seemed to talk for the three when he said that they would consider funding in March when they do the budget for the new year. After further discussion, Sirk, “ We just want our little share . Both are necessities, For Fairness, we’d like our share.”
To end the discussion on helping finance the CDC and referring to coal severance cut backs in the near future, Jimmy         Sams, “This coming budget, we may not be able to help anybody.”
        Julie Foster from Lizemore Fire Dept addressed the group in an attempt to get the CCC to go ahead an order $17,000.00 worth of radios for the group. Foster gave an in depth report on the progress of the group including: they have raised $8467.00 and have been buying equipment like a trailer, a pump, a rescue truck, a hot dog booth, bought vie air packs and more. One of the hold ups on getting the radios is the security of the vehicles they go in. 911 Coordinator Paige Willis was reluctant to order the radios until he was convinced they would be in a secure environment.. To reassure Willis Foster said that they are now securing a building from Ben Murphy for the rolling stock, their application is in for certification of the Fire Dept, and 12 have passed classes to fight fires. Foster aid they need the radios to pass State Fire Marshall inspection. Foster admitted that her group will have a hard time making ends meet when they are up and operating. Foster got her wish, the radios will be ordered.
        From Clay High, Bob Morris and Mike Peirson asked the CCC for funding for a new building over at the proposed Maysel Park. They were representing the VO.. AG Fair organization and said that the Conn Hunters land has been out grown. The group has received $30,000.00 from a School to Work grant. Jeff Krauklis engineered that. The general purpose building idea has also received an additional $20,000.00.. They pair asked the CCC to consider giving a matching grant of $20,000.00. Mike Pierson was concerned that paying prevailing wage to build the building would hurt the project. Pierson, “Costs would be three times higher..” Discussion on paying prevailing wages. Matthew Bragg will check with Delegate Bill Stemple for $.
        Throw another log on the fire, here comes meeting number two!!
        For those interested in the goings on at the Courthouse, here’s your baby. County Commission meet Jan 2 at the Courthouse. Butcher , Sams, and Bragg on the throne with several in the peanut gallery. After Darius Arnold blessed the meeting with his prayer, CCC President Jimmy Sams announced that this was an organizational meeting. Boom, Sams made the motion for Matthew Bragg to be the next Commission President. Boom. Butcher made the second. Bragg had that “what happened” look on his face! Bragg tried to explain that Butcher was the senior person and he should be the next President. No go. The prearranged plan continued. Sams,” My motion stands.” Butcher, “My second stands.” Bragg clawing for his last hope to County Clerk Judy Moore, “ Judy, Judy, Can I decline???” Moore,” How?” Among the laughter from the peanut gallery, Sams was off the hook and Matthew Bragg was elected President of the Clay County Commission. For those that have attended a County Commission meeting, you know that the CCC President sits in the middle. Sams remained in the President’s chair. Bragg to Sams,” Can I have your seat?”. More laughter as Sams moved off to the side.
        CCC voted to leave the twice monthly meetings at 10:00am the same for the new year. No mention was made of having evening meetings so the public could attend.
        Here’s something. Also on the agenda was “Meet with the Business Development Authority(BDA)”. With most of the BDA in attendance, Commissioner Butcher made a motion to adjourn and have the BDA discussion in an informal setting. Hmmmm. A feeling came over the group. Some quiet discussion. Side bar discussion on whether a quorum of the CCC and the BDA could meet to discuss items about to be voted on and do so without violating state Sunshine laws. Soon Butcher withdrew his motion to adjourn and the BDA discussions opened up and in public.
        Business Development Authority Chair (BDA) Paige Willis started things off by saying that this was a meeting with the three bodies, the CCC, the BDA, and with John Romano from the State Intergovernmental Council. Butcher said he wanted to discuss different avenues for getting a building for Filcon Manufacturing. Butcher, “they could hire 300 people if we could a building.” He were referring to developing a 9 acre tract of property located at Ovapa that the BDA recently purchased for $90,000.00. Willis made it clear that the BDA’s number one priority was developing the Ovapa site.
        John Romano explained to the assembled different funding ( loans, grants, and loan/grant combinations) that are currently available. Romano commented that the development of the Ovapa site is one of his group’s top projects this year. A preliminary engineering report calls for 1.5 million dollars to get four acres of the property ready to put a building on. Romano explained that one funding option may allow 80% from Federal sources and the balance from State funds. Another package would be a combination of grants and loans. Romano informed the folks that if they want government loans and grants, they would have to play by the rules and go through all the hoops.
        Here comes the first of the clinkers. Romano explained that if the property is in a flood plain, the project could be delayed. He gave an example of one in Putnam County that was delayed more than two years. Here’s a second clinker. Filcon Manufacturing, the occupant of the Ovapa site when done, has to sign a binding contract and some of the jobs at Filcon have to be awarded to the local work force and low income residents too. Currently Filcon has not signed such a binding contract. Another hitch in the project. During construction of the industrial site, Davis Bacon wages have to be paid.
        Much discussion on how much more could be done if lower wages were paid. Discussion on only bringing part of the land out of the flood plain and the savings that would be. Discussion on the dangerous curve at the entrance of the proposed industrial site and how costly it would be to build a bridge to the site away from the curve. Commissioner Butcher pushed for getting something started this Spring. Discussion on saving $500,000.00 by diverting a creek instead of putting in culverts.
        New BDA member Morgan Gibson brought up getting a $500,000.00 loan from the Clay County bank and maybe with these private local dollars, they could get around paying prevailing wages to construction workers. Romano cautioned about using local dollars to get around the law. Sams,” We don’t won’t to spend $100,000.00 and then not meet the guidelines. No grants!” Discussion on moving a creek on the property instead of building a $500,000.00 culvert. Someone asked BDA member Clark Samples ( also County State Road Superintendent) if his organization could just take a “grade-all” and move the creek? Samples , “ I don’t think so, that’s a $25,000.00 a day fine plus jail time..”
        Again Romano urged that the group abide by the law and get opinions from the WV Attorney General’s office if there is doubt.
Again Morgan Gibson asked the group to consider a local loan. Butcher,”They volunteered.” Romano agreed that if they use all local monies they could get away from “Some” Federal regulations. After hearing the idea of going to the Clay County Bank for the second time, BDA Chair Paige Willis questioned Gibson, “ How do we pay the payments ( on the loan)?
        Gibson came back with they could hold expenses down by using local labor (cheap) and construction could begin sooner. Gibson was doing right well until this came out,” We can work something out, even if we loose it, we still have the building!” Uh Oh..... Gibson appeared to be saying, so what if we do renege on the loan!!! Willis was quiet as people caught their breath. Discussion on engineering, discussion on Central Appalachia Empowerment Zone (CAEZ) helping out, etc. Then Chair Willis came back to Gibson’s comment about bailing out on a loan. Willis,”If grants are possible, it’d be foolish to look at a bank loan. You talked about ‘losing it’, I’m from the old school of thought. I haven’t lost any property and I’m not going to loose taxpayers’ money.” Willis had said a mouth full.
        Clerk Judy Moore reminded the group that when the local library was re roofed, the county had to pay prevailing wages and those dollars were private dollars.
        CAEZ Chair Jerry Sizemore commented that the Mt Hope project over in Fayette County was very costly. There the cost for development was around $130,000.00 per acre and when the property is sold, it will be sold for $30,000.00 per acre.. Many wondered if Filcon could afford to pay back very high loan payments from site development at Ovapa. Others openly wondered if Filcon was actually doing anything at their current location and were they going to be around when the site is ready to build on. Jerry Sizemore told the folks it is in the best interest of the county to pursue development of a site and a building for the county.
Edging in John Romano reminded the group that since Clay County is a distressed area, they may qualify for grants that do not have to be paid back.
        About now, long time Clayonian and BDA member, Norman D Wilson stood up and told all his opinion on the high dollar affair planned. Wilson went through a list of high priced items planned and how to get around them much more sensibly. Wilson spoke on a deal available to get the land cleared in exchange for trading a piece of junk property up White Hollow. How stupid it was to build a 6inch water line to the property. Selling the timber off the land to cut costs. And more, and more and on. Wilson then left the room. As he left, a quiet came about, sort of a time out as people there realized that again, cranky ole *%”** Wilson was right. It’s completely crazy to spend so much when so much less can be spent to get the same thing.
        Romano would not give the odds on getting a grant or a grant loan combination.
From out of the back came an older gentlemen who had sat through all the gabbing. Elswick was his name. Elswick had had about enough of it. Elswick,” Two thirds of the County does not have water, why not take the dollars for water?. All this talk on big dollars and no water to drink?”He continued, “this filter man, why not move him to the State Road garage?... There’s no water fit to drink!!!” Sams tried to calm and explain the situation. Didn’t work! Elswick,”Water went out to Widen? RT Sizemore was Commissioner. There’s something wrong there!” And finally Mr Elswick said a mouthful with,”Water is the most important thing we don’t have!”
Meeting adjourned.
        Since your butts are probably getting a little tired, we’ll try to get this installment of Life in the County Commission over faster.
        County Commission again met in Jan, Jan 9th to be exact. Tim         Butcher and Jimmy Sams present with Matthew Bragg at a doctor’s appointment. Here we go!
        Patty Mollahan representing the Big Otter Ambulance Station addressed the Commission with news that the group has secured a $15,000.00 grant to help cover the cost of building a permanent building for ambulance crews. Mallahon asked the CCC for the $800.00 promised the group some time back. CCC obliged.
         Bill Dunn and Danny Sizemore from the Apple Festival Committee explained that the Festival had grown quite a bit and they were again asking the CCC to cover part of the cost of Fireworks. Last year the aerial attraction cost $4000.00 with the CCC covering $2000.00. They requested the same amount this year. Also a request was made to cover the cost of fireworks during the Fourth of July Celebration. Both requests will be considered in March. Sams,” This year money will be tight, I hope we can fund it.”
        Before the Commission came discussion that Fred Davis was having problems with a piece of property he bought at auction. To date Davis did not receive a deed for the parcel and according to Judy Moore, Mr Davis wants a refund. The property has since been auctioned off for being delinquent again. Consensus: CCC can’t give the refund.
         Commissioner Sams announced that he had asked a rep from the WV Public Service Commission to attend and discuss the numerous water situations in the county. PSC did not show!! Sams explained that the PSDs are going broke, checks have been written that are no good, Procious can’t pay it’s employees and the long planned Clay Water Plant is “no where closer today.” commissioner Butcher chimed in that the Town is also struggling and that he felt if the whole county was under one Public Service District (PSD), we may be better off. Butcher’s idea was for the town not to have the brunt of the expenses of building the plant and if there was just one PSD, “Maybe all would pay the same..”
         Before going any further, note: Town residents pay around $10.00 per month and folks out on Triplett Ridge are paying way over $30.00. Town residents have a lawsuit over the rates going up to around $14.00. What do you think would happen if the Town’s people were asked to give 300% more for water. Riots in the street? Lynch mobs?
        Sams said he had asked the attorneys from two of the PSDs to call him and they did not. Sams, “ this is something we have to do I think.” concerns were raised about jeopardizing the whole 13 million dollar project if changes are made now.
        From the peanut gallery came Charlie Osborne, “ How much longer can you hold on to that money? You’re not going to get a plant unless you win a court battle.” Another peanutster Fred Sampson gave a brief history of the Clay County PSD and how it was suppose to cover the entire county. Sampson felt that trying to merge all together now may seriously jeopardize plans for the Town’s water plant. And then to a sore spot, Sampson reminded all in attendance that Tucker’s Bottom was to have gotten water service first and now many others have been put ahead of that area of the county. Ouch!
        Butcher, “we’re trying to help everybody.” Sams retorted that there will be even higher water rates if the PSDs aren’t combined and Lizemore and Tucker have been waiting six years for water. Again Osborne, “ People with water are the ones fighting it!!” More from the peanut gallery: Clay Roane’s territory is 2/3rds in Roane County, how would that work? And from a pesky balding guy, “ Are the Town’s rates going up?” No answer was provided for that question and both Sams and Butcher repeatedly commented that they didn’t want to do anything that would slow down the nearly dead , proposed Clay Water Plant.
        Every once in a while an innocent question stomps on a sore toe. Queen Shoals PSD Chair Tom Martin did just that with his question,” Has anyone said anything to WV Water Co?” Sams, “they’ll never take it over because of the lawsuit. Make note that Sams did not answer Mr Martin’s question. Sampson came back with mention that Clover PSD is ready to accept Clay Roane PSD customers and they then would be serving Clay County.
         Trying to garner support for the water plant, Commissioner Butcher made mention that the funding for the facility is 75% grant money. Paige Willis corrected Butcher and said that it is only about 50% grant money.
And now the understatement of the new year. Sams, “It’s time for us to do something!” duhhhhh
         It appears that there will be a big time huddle at the next CCC meeting to discuss what can be done to salvage the long time delayed plans. CCC will ask the PSC to come to the next meeting to talk and not the various attorneys that represent the PSDs.
         Business Development Authority Chair Paige Willis asked the CCC to fund part of the $10,000.00 needed to do Engineering work on the Ovapa Industrial Site. Jerry Sizemore from the CAEZ explained that he will ask his group to provide part of the money for engineering . Sizemore indicated that there was a pretty good chance for the CAEZ funding..
CCC Ok’d $5000.00 to be used for the Engineering work with the dollars coming from a $50,000.00 Governor’s contingency Fund grant.
Board of Equalization will be held in Feb 2001. Complete details on dates to try and get your taxes lowered next time.

        Clay Roane PSD met Jan 4 at the old Newton Fire House building at 9:00am. Boardsters Gary Whaling, Roy Ellis, and TG Cruickshanks present along with Procious PSD Board Chair Garret Samples. Doyle Tawney and Rick Burdette were among the peanut gallery spectators. You know something is up, Roane County Commissioner John White attended. Briefly here’s the way it went.
         Went sour real quick. Gary Whaling, “We are not going to be able to pay all our bills this month..” Whaling didn’t say it, but: the PSD did not have enough money to pay what they owed Procious PSD for the water used by Clay Roane customers and that a $6700.00 Clay Roane check had been written two days earlier and the bank would not honor it! Whaling,” We need to pay salaries.... We have $3953.00 in the bank. $3580.00 is needed to pay salaries.” Mr Whaling was referring to an obligation to pay salaries for Procious PSD employees, Bobby Burdette, Ric Burdette, and Trina Neff. Whaling explained that he thought the PSD had more money that he could use to cover the check but that proved to be false.
         Discussion turned to the $7319.00 owed to the PSD by past due customers. Unfortunately the WV Public Service Commission has informed the locals that if a customer is attempting to pay any amount on the outstanding bill, they could not cut the customer off. Whaling, “ I don’t know what else to do..” Ellis,” It looks like a shut down period.” Attention turned to the long drawn out affair over in Clay County where the proposed water plant hands in limbo. Whaling,...
“ If the Board and attorney would build a fire under Clay..” Referring to the merger agreement between Clay Roane and Procious, Ellis,” the law judge says it’s done.” Correctly Ellis, TG and others all in unison,” The merger can’t be done until the Clay Plant is started!”
         Back to the bad check written to Procious, Whaling, “ I thought Clay Roane had dollars in reserve until yesterday. That money has to stay there, (it) can’t be touched..” TG,” We can’t make payments?” Whaling,” It’s a combination of things.. Had to hire operators,.” Garrett Samples from Procious, “ Payroll is more than $12,000.00 per month. You had to hire the people. Water usage is down.” Samples went on to say that Procious PSD is losing 88 cents per 1000 gallons sold to Clay Roane.
         Discussion on the numerous water leaks in the system that are robbing the PSD of profits.
         And then. And then. Discussion turned to Clay Roane buying water from Clover PSD instead of from Clay Town when the new water plant is completed. NOTE: If Clay Roane buys from Clover instead of from Clay, the new water plant, without the Roane customers, is dead. Not enough customers to pay back the loans on the plant. Ellis,” We want to see it thru with Clay but we could get water from Clover. We’re sitting here ready to go Bankrupt!” Note: during last months meeting, this board admitted that the Clover PSD now has permission to run a line to the Clay Roane servid of from Procious. Ellis, “We need to see our lawyer.” TG,” If we do that, the Clay plant is gone. We should consider it ( Clover) as a back up plan.”
        Roane Commissioner Larry White made mention that the industrial site at Amma needs water along with the school, library, medical clinic and fire dept. White, “No one knows where we are in the process.” After discussing that Clover fed water could also be sent over to Valley Fork ( remember that readers), White,” You got to have water from some where..”
        Clay Roane PSD admitted that they had not voted to ask for the recent rate increase in public as required by State Open Meeting Laws. According to one of them ( got confusing here folks) Sandra Squires ( big cheese from the PSC) said that if they would go ahead and vote for the increase today, she would not force them to go back and start over as protest letters to her office had asked for. Note: So much fro Open meeting laws!!
        Here’s the kicker folks, although the Board talked about voting at this time, I did not hear them do so!
        On the dismal conditions in Procious land, Garret Samples,” AS of June first 2001, we will be $31,000.00 in the red. We will be in worse shape than you all. The payroll has not been paid. That depends on you all!!!” When Whaling again said they did not have enough money to pay the Procious obligation, Samples,” that doesn’t pay the middle of the month bills!” Whaling tried to explain to Samples that last year they had transferred over $26,000.00 to Procious to keep them afloat and now, “that account is depleted.”
        The mean finger turned toward Queen Shoals PSD in Clay County. Those assembled seemed to be saying, since Queen has not been complaining about no money, they must have some money in their kitty.
        One important question was asked and answered. Question: Does Clay Roane PSD have a written agreement with the Town of Clay that says Clay Roane will buy water from the Town? Answer: No agreement exists

        Magistrate Jeff Boggs responded to last edition’s front page story of a Judicial Ethic Complaint filed against him by clerk Sharon Tanner. Boggs said that he ,” Never, never, never yelled at Sharon Tanner” and that we even reported the wrong day of the week that he received his notification of the complaint. This paper reported that upon receipt of the pending complaint, Boggs went across the hallway to Tanner’s office and there, yelled at her. Boggs said that he was real mad at this paper for the inaccuracies in the paper. Mr Boggs was reminded that he was given the opportunity to comment on the complaint and chose not to.
         As an OOPS.....Standard procedure for any newspaper is to have at least one reliable source for any article. The Communicator adheres to that rule and in most cases, we rely on a reporter actually at the event or meeting to gather info first hand.That information (yelling) came from what we regard a reliable source.
Jeff Boggs has since commented ( on Jan 9) that he did not ever yell at Sharon Tanner. We will not dispute Magistrate Boggs on the matter.
        A fiery Mayor Gibson commented that she had nothing to do with the newest water rate increase applied for by “Clay Municipal Water Works”. She went on to say that the Council didn’t do it either and that she knew nothing about what this paper called an “ end run play” to cram a water rate increase down throats. Full details on the Mayor’s comments in the Council meeting story.
          As for Mayor Gibson saying she had nothing to do with the Dec 13, most recent rate increase request, and that this newspaper jumped the gun by pointing the finger at her, we beg to differ.
         During the Dec. Town Council meeting, Mayor Gibson commented that she would call the WV Public Service Commission the next day and “handle” the matter concerning the Town needing a rate increase and needing it right now. Since Ms Gibson said she would handle the situation and since Council meeting minutes do not reflect any vote on a second rate increase by the Council, this paper felt safe by printing what Mayor Gibson said she would do.
We were wrong.
         Since last edition, we checked with WV Public Service Commission’s Bob Teets. Mr. Teets is Director of Public Information ( 304-340-0365). According to this spokesman, the PSC has jurisdiction over the rate increase for the Town now that a petition has been filed by Town residents against the original rate increase request (Oct 2000). Teets said his organization will act as an arbitrator in the case and will present findings to an Administrative Law Judge on the matter. PSC efforts will include an audit and public hearings. A decision on the case (00-1802-W-CN) may take some time according to Mr Teets. His comments included, “It’s out of the Town’s hands now.”
         We certainly did not jump the gun on the story. There is now another player in the battle over a new water plant for the county and much, much higher water bills. But, an apology is in order for the Mayor. Mayor Gibson did not go behind our backs and apply for a second rate increase. It was the Public Service Commission themselves . Apologies to Mayor Joyce Gibson.


1. 93% of prescriptions can be read only with difficulty and 20% cannot be read at all.

2. Tests prove that no one can tell the difference between imitation vanilla and the finest pure vanilla.

3. Black bears can run at least 30 mph.

4. Sleep loss affects memory, making it difficult to learn new things and perform daily tasks.

5. I don’t know the key to success, but the key to failure is trying to please everybody. Bill Cosby.

6. More than 150 police officers died in the line of duty in 2000, an increase of 11 percent from the year before.

7. Unions now represent only 13.9 percent of workers in America.

8. The average American eats 60 hot dogs a year.

9. When you combine skill with love, expect a masterpiece.

10. Since the election in 1996, more than 97,000 new voters were registered.

11. Arson is the cause of 40% of all West Virginia forest fires.

12. About six in ten Americans say they read the Bible at least occasionally.

13. More than 200,000 marijuana plants were seized and destroyed in the Daniel Boone National Forest in 2000.

14. Preliminary figures show that Huntington will record it’s fourth coldest December in a century, and Charleston it’s third. Elkins and Beckly their fourth.

15. Nearly 3 billion prescriptions are dispensed each year. LMM

Speedy School Board Meeting
        The Clay County Board of Education met January 3, 2001 at the administrative office building for their regular meeting. All members were present: Gene King, R.B. Legg, Fran King, Scott Legg, and David Pierson. Board President R.B. Legg offered prayer and called the meeting to order at 6:00PM.
        R.B. Legg suggested that they table item #5 on the agenda, approving the placement of Tisha Tanner as a CWEP worker at Lizemore Elementary, and Board did so until next meeting. Without discussion Board quickly approved the agenda, previous meeting minutes, and the payment of current bills.
        Business Manager/Treasurer Loretta Gray presented them with copies of the monthly financial report for December. Gray reported that there had been no large or outstanding expenditures, and that a lot of expenditures for grants have been made but total funds (from the grants) haven’t been received. R.B. Legg asked if they were $400,000 in the black. Gray said that due to encumberances, it was closer to $100,000.
        Board approved the placement of CWEP workers Jackie Holcomb at Clay Elementary and Tonya Cummings at the board office. Shawn Krajeski was employed as a substitute teacher when R.B. Legg voted in favor of his employment. The vote was split - Gene King and Fran King for, Scott Legg and Pierson against. Janice Derby was not hired as a substitute teacher. Gene King made the motion to hire but the motion died for lack of a second.
        An out of state trip was approved for the Clay Middle School band students to travel to the Virginia Tech Honor Band Festival on January 21, 2001.
        A hearing to determine the status of a Clay Middle School (CMS) student was held. CMS Principal Larry Gillespie said that he’d spoken with the child’s parent, who had indicated they would not attend the hearing. Gillespie made his recommendation to the Board to expell the student for the remainder of the school year and place them in alternative school. Superintendent Jerry Linkinogger agreed with the recommendation, and Board approved the expulsion and placement in alternative school for the student.
        Special Education Director Dixie Jarvis provided the Board with brochures explaining the special education program from age 3 years on. She said the brochures will be going out to parents.
        The speedy meeting was adjourned about 6:14PM. Seems basketball games at the middle school and on TV motivated the Board to move things right along. Next meeting will be Tuesday, January 16, at Clay Elementary. - TK

Bill Paid By County Commission
370.80 to Fonda Butcher for janitor wages -- 427.00 to Luther Simmons for flood grant wages -- 352.00 to Delber Adkins for flood grant wages -- 352.00 Louis Gerencir for flood grant wages -- 123.60 to Sheila Stome for Clerical work -- 89.04 to Robert Belt for Deputy Sheriff wages -- 178.08 to Miles Slack Deputy Sheriff wages -- 146.85 to Kevin Delk for Deputy Sheriff wages -- 80.85 to Charles Rider for Deputy Sheriff wages -- 103.85 to APCO for Steve Zaricki directory -- 351.33 to App. Office Prod. for Jan 1. maintenance agreement. -- 44.07 to Black Bear Paging for pager service -- 38.74 & 96.91 to Braxton Bible Book Store for Assessor supplies -- 11.52 to Cabell Co Circuit Clerk for mental health fees -- 17.45 to Casto & Harris, Inc for Cir. Clerk supplies -- 154.50 & 65.00 to Charleston Blueprint Inc. for Assessor supplies -- 1,752.66 to Citizens Communications for 587-4259 -- 9.77 to Clay Auto Parts Inc for Sheriff thermostat -- 183.92 to Clay Municipal Water Works for old courthouse -- 15.30/44.20 & 27.20 to Cott Systems for Co Clerk Indexing -- 1,418.47 to Elk Power company for outside lights -- 223.32 to Elk Valley Hardware for courthouse supplies & .99 for Sheriff-key blank -- 62.23 & 63.88 to Lexis Publishing-Michie for pros. attorney-WV Code -- 160.00 to Louis Gerencir for 8 days @ $20.00 -- .69 NAPA Auto Parts for license plate bulb -- 76.65 to Network One for Sheriff & 81.99 to Pros. Attorney -- 118.42 to New Avenue Industries for Sheriffs supplies -- 10,546.50 to Regional Jail Corrections for misdemeanor days -- 20.99 to Richard W. Fisher for repair on sweeper -- 180.67 to Thyssen Dover Elevators for maintenance agreement -- 1,138.87 to Valley Gas Company -- 79.95 WV Uniforms for Sheriff uniforms supplies -- 1,352.83 to Big Otter Fire Dept. for installation of gas line -- 112.43 to Citizens Communication for 587-6087 -- 27.11 to Clay Co PSD for boyscout building -- 25.93 to Clay Farm Bureau for dog warden for dog food -- 96.46 to Eastern Waste of WV for Nutrition Center -- 577.37 to Elk Power Company for Nutrition Center -- 217.04 & 193.68 to Gassaway Concrete for Adaire water project --20.00 to Procious Exxon for gas for dog warden -- 580.79 to Valley Gas Co for Clay Fire house -- 105.10 to US Cellular for home confinement cell phone -- 340.00 to Citizens Communication for 102-515-0023 -- 10.00 to David E. Whaling for 10% lease Mountaineer -- 1,630.00 to Motorola for 2 portables radios -- 47.95 to TransCom Communication for mobile antenna & mount -- 233.61 to Citizens Communications for 587-2131

Procious PSD Paid Outs
Bills Paid
12-1-00: AEP 967.95 -- Verizon 105.72 -- Postmaster 44.00 -- Pitney Bowes 176.00 -- WV DHHR 18.00 -- Electronic Communication 30.00 -- Richard Burdette 482,91 & 132.06 -- Trina Neff 400.95 & 21.39 -- Jennifer Traub 1,578.86 & 284.58 -- Ron Deel 663.87 & 68.51 -- Robert Burdette 1,588.21 & 106.73 -- Mick Herman 317.92 & 30.07 -- Aaron Samples 153.74
12-5-00:Steve Townsend 400.00
12-15-00:Hughes Supply 325.00 -- C.I. Thornsburg 268.46 -- Eastern Wastes 15.74 -- Cedar Lakes 44.00 -- AT&T 11.11 Elk power Co 400.43 -- MCI 22.86 -- Clay Lumber 24.36 -- Dollar General Store 90.20 -- Clay Auto 79.55 -- WIC 1031.21 -- PEIA 1968.04 -- Rural Development 943.00 -- Clay Bank 94.30 & 3878.54 -- Richard Burdette 482.91 -- Mike Hersman 370.72 -- Jennifer Traub 1316.65 -- Trina Neff 400.95
Total: 19339.50

Out Standing Bills
Environmental Services 727.75 -- Spilman Thomas & Battle (Law Firm) 56,744.07
Total: 69059.67

Owed to Board Members (not paid yet)
Board Meetings
2025.00 owed David Walker for 26 meetings -- 2625.00 owed Garrett Samples for 35 meetings -- 600.00 owed Roger Hunt for 8 meetings

Special Meetings
75.00 owed David Walker for 1 meeting -- 150.00 owed Garrett Samples for 2 meetings -- 150.00 owed Tracy Dobbins for 2 meetings.

Previous Board Members
900.00 owed Tracy Dobbins for 12 meetings -- 525.00 owed Newton Bird for 8 meetings -- 200.00 owed John Lane for 4 meetings -- 1225.00 owed David Meade for 24 meetings -- 1175.00 owed Artie Samples for 23 meetings -- 800.00 owed to Gordon Samples for 16 meeting.

On the Soapbox
by Andy Waddell
        It’s along about this time of year that President’s provide a “State of the Nation” speech while Governor’s provide “State of the State” presentations. You know the tune, how things are going to be great, everything rosy, etc.
         Since no one else in the county has stepped up to the podium to provide a “State of the County” oration, here goes!
        Clay County Schools could see some excitement this year. For sure, Richard and Dixie Jarvis will be retiring. That’s two openings at the Board office. Asst.. Superintendent Jeff Krauklis has said he will leave that position and go back to the classroom for the balance of his career. That’s would be a third opening. Although he has said this before, this time, it may be true. Here’s the Biggie, sources close are saying that Superintendent Linkinogger has his feelers out for other positions around the state. Many will remember just a couple years back when Link landed a job over in Pleasants County and then bailed out and stayed with Clay’s school system. With a fight looming in the near future to keep the Excess Levy, his contract up soon , many of his loyal teachers and staff heading for retirement, and a divided School Board, this time, our Super may actually take off. Whether it’s two, three or four openings at the Board office, watch the politicking for jobs to gear up. Some will try and grow backbones while others will vie for the higher dollar jobs in the back rooms away from the public. Keep an eye peeled.
        Certainly the new year looks bleak for water service in the County. Citizens have cried for this basic need to be met by our local government officials for years. As was Commissioner Jimmy Sams promises seven years ago when first running for office, the promises of clean, safe, affordable drinking water continue. Our leaders refuse to tell the truth that “city” water is not possible to most in the county since the distance from homes is too great for water service to be affordable. Last year our leaders signed a merger agreement between Clay Roane and Procious PSDs that said no rate increases would be allowed for five years. Less than 8 months later both PSDs have applied for rate increases and have said the signed merger agreement is not technically binding. So much for the intent and honesty of public dealings.
        With no leader stepping forth to guide the county’s water business, expect the worst for this year and for the next 30 years as well if the Clay Water Plant is built. The debt and high monthly usage cost will all but stop any future growth in the county for decades. No one has come forward and disputed this . No one even mentions that half the water made at the plant is unaccounted for and they receive no income from The day the first block is laid for the new Clay Water plant will signal the blue blood insiders have gotten their way again and again at the expense of someone else.
        Clay Roane with $400.00 to their name and Procious PSDs have rate increase requests in the hopper . Are the rate increases a symptom of poor management? You answer that. Keep in mind, the rate increases do not and will not allow one new customer to the respective systems. Dismal? Yes. But even more sad is that a quality water service may be available for the county from WV Water Co and our leaders refuse to even ask them to come and talk. Their refusal to even listen to WV Water possibilities are an indicator of the blinders on our elected and appointed leaders.
         Over in County Commission land, the three blind mice have started the new year out with new leadership, Mather Bragg. Sadly, we comment that Bragg is faced with personal illness that requires his top attention. His personal health has to be considered priority one. Under the lack of leadership by Jimmy Sams, the county has never developed a business plan for growth, set priorities for the year or the decade, hired a county planner/grant writer, and the boys with blinders on appear to just show up for meetings and expect the county to prosper. For years the county has depended on Coal Severance money to survive, this year it appears that Coal Severance may be down as much as 45%. Even if Mather’s health was perfect, the new kid on the block will have a tough time just making ends meet not to mention setting up any plans to grow the county into prosperity.
        Can’t forget the Ambulance Service. With last year ending in the red and three months of this fiscal year showing red, once again the service will struggle to keep the doors open. Falling on deaf ears again this year will be the running of low or no profit non emergency ambulance transports that wear out the rolling stock in short order while leaving the county vulnerable in emergency situations. They argue that the county is never left without units available for emergency calls. Listening to the scanner will clear up that in short order. Few at the Ambulance Authority and none of the employees listen to the argument that they are funded by the people to provide emergency services. With some tough belt tightening by Director Peirson, the Ambulance Service may have a chance to finish the fiscal year in the black. It may be true that competition is good for business. Let’s watch General Ambulance, the new kid, the red headed step child to see if their presence forces the Clay Ambulance Authority to reevaluate the footprint of Clay Ambulance Service.
        Although Clay County’s only official town has already been mentioned, there is more. The addition of new high dollar employees, the addition of having to follow WV laws, and the inclination to let issues slide, the Town of Clay is in deep doodoo. For years the Town built a nest egg, a money market account. That egg is now cracked and eaten. Town coffers still have a little left but the sewer plant has operated in the red since it opened and the sewer plant account is down to little or nothing. The loans have to be paid back and this means, this year, as soon as the water plant rate increases are secured, the sewer rates have to go up a minimum of 70%. Even then, there are questions as to whether the sewer plant can break even. Many of the problems can not be blamed on Mayor Gibson. Some can. Strong leadership has to be applied for the Town to survive. Council has to realize that layoffs are mandatory to get the town financially sound again. The whole idea of moving from the old Town Hall to the present water plant was to save money by using office help as water plant operators and not having to hire the service out. That has not happened. Soon the Town will have to make tough decisions or go belly up. Our Town leaders have to become leaders.
        All is not sour in Clayberry. Even after bearing the brunt of poor government decisions and lack of leadership for years, the people still survive. We still have beautiful people, beautiful mountains, and beautiful seasons. The one bright spot is that the government stays so confused, they pretty much leave the people alone. This is good. For many the conditions are bad. For still others, it’s strictly a day to day existence. For the lucky few, life in Clayberry is wonderful with little chance of change. And that’s the way they like it.

Clay Ambulance Service

November Income & Expenses
Paid out
503.61 to Clay Co PSD for station 200 -- 38.00 to Hawksnet for internet -- 900.00 to Holcomb’s Garage for contract service -- 1,250.00 to Marie Haynes for contract work -- 305.16 to Citizens Comm for utilities -- 184.99 to KCEAA for medical supplies -- 1,723.09 to WV DOT for fuel -- 73.66 & 73.66 to ADP Inc for payroll -- 64.45 to AEP for station 300 -- 41.09 to Network One for utilities -- 100.21 to Bail Welding for oxygen -- 15.50 to Clay Co Health Dept. for Hep-B tests -- 170.22 to Xerox for copier supplies -- 764.21 to Moore Medical for medical supplies -- 256.00 to Cunningham Motors for tires -- 110.00 to WV State Tax Dept. for taxes -- 3,461.19 to WV Dept. of Tax/Rev. for Taxes -- 2,684.11 to WV WC Div for Taxes -- 300.00 to Mary Allen for office supplies -- 4,726.96 to WV PE Retirement for retirement.
Payroll: 15,779.67/ 14,448.11/ 15,736.07

$25 Fee: 2,270.00
Collections: Kimberly Kniceley 10.00 -- Ethal Gibson 25.00 -- ARC Inc 1,179.27 -- Aaron See 10.00
Receivables: Billing 2,764.30/ 6,179.28/ 4,899.53/ 16,404.21/ 2,203.39/ 7,462.92/ 8,859.24
Interest:73.08 & 152.03
Mining Contribution: Bundy Auger 15.00 -- Vandalia Resources 200.00
Reimbursements: Bert Ward Ford 78.95
Total: -$12,39377

Full Time Payroll
11-1-00: 693.22 to Mitzie Adkins, 413.36 to Joseph Beets, 547.78 to Kim R. Brown, 536.45 to Joretta Gray, 594.05 to Mary Hanshaw, 829.18 to Aylene Johnston, 605.62 to Anthony Long, 632.26 to Ellen Pierson, 743.17 to Shawn E. Shaffer, 411.91 to Marshall M. Tripplett, II
11-15-00: 577.33 to Mitzie Adkins, 671.90 to Joseph Beets, 514.19 to Kim R. Brown, 625.75 to Joretta Gray, 898.15 to Mary Hanshaw, 975.16 to Aylene Johnston, 630.10 to Anthony Long, 639.86 to Ellen Pierson, 650.21 to Shawn E. Shaffer, 434.46 to Marshall M. Tripplett, II
11-29-00: 760.81 to Mitzie Adkins, 560.44 to Joseph Beets, 542.58 to Kim R. Brown, 567.44 to Joretta Gray, 931.09 to Mary Hanshaw, 741.65 to Aylene Johnston, 493.43 to Anthony Long, 639.86 to Ellen Pierson, 801.39 to Shawn E. Shaffer, 469.07 to Marshall M. Tripplett, II
Total 19,131.87

Part Time Payroll
11-1-00: 360.70 to Garnett Criswell, 118.01 to Floyd Graham, 343.32 to John W. Hughes, 330.98 to Patricia M. Johnson, 82.03 to Beverly King, 322.81 to Angela Lane, 358.95 to Roger D. McKinney, 316.73 to Patty Mollohan, 344.95 to Sandra L. Mullins, 421.83 to Mike Potter, 330.56 to Timothy J. Roop, 210.57 to Holly Sears, 255.78 to Tracey E. Sizemore, 303.07 to Jeffery N. Walters, 439.07 to Timothy W. Workman.
11-15-00:373.74 to Garnett Criswell, 149.12 to Floyd Graham, 343.32 to John W. Hughes, 397.40 to Patricia M. Johnson, 60.45 to Beverly King, 57.85 Julie King, 185.27 to Angela Lane, 398.94 to Roger D. McKinney, 351.81 to Patty Mollohan, 35180 to Sandra L. Mullins, 424.85 to Mike Potter, 328.26 to Timothy J. Roop, 199.08 to Holly Sears, 350.45 to Tracey E. Sizemore, 372.30 to Jeffery N. Walters, 119.79 to Timothy W. Workman
11-29-00: 184.62 Mike Potter Child Support, 288.74 to Garnett Criswell, 80.42 to Floyd Graham, 581.15 to John W. Hughes, 321.77 to Patricia M. Johnson, 132.93 to Beverly King, 328.12 to Angela Lane, 315.31 to Roger D. McKinney, 252.29 to Patty Mollohan, 371.12 to Sandra L. Mullins, 322.75 to Mike Potter, 344.01 to Timothy J. Roop, 233.54 to Holly Sears, 302.62 to Tracey E. Sizemore, 75.89 to Andrew Slaughter, 326.24 Jeffery N. Walters, 166.69 to Steve Ware, 431.65 to Timothy W. Workman
Total: $14,494.03

December Income & Expenses
12-1-00 through 12-11-00
Paid Outs
3,750.00 to Marie Haynes for contracted services -- 277.30 to WV State College for Medic tuition -- 4,09896 to PEIA for insurance.

$25 Fee: 200.00
Receivables: Billing 1,287.84/ 2,762.97/ 5.659.96
Mining Contributions: Bundy Auger 15.00 -- Fola Coal & Bundy Auger 3,516.00
Other: Escrow Account 35,800.00
Total $41,115.51

***WV Public Service Commission auditors inspected Procious PSD financial records Jan 9 and were scheduled to check out Clay Roane PSD finances Jan 10.
***Roads were very slick Monday morning Jan 8 as school buses and workers headed out. A middle of the night dusting of snow, slush, and rain caused the dangerous conditions. No State Road crews from the Two Run Office were on duty at that time to treat the roads.
***Clay County Development Corp (CDC) is again raising the dickens over the use of the words “Senior Center” by the Nutrition Site at Two Run. CDC claims to be the only government agency allowed to use those words in Clay County and has a new sign hanging outside their establishment proclaiming “Clay Senior Center”. The Nutrition Site is planning a Lifeline Health Screening program Jan 12 at the Nutrition Site. In a recent newspaper insert, the address given for the event was the Clay Senior Center and not Clay Nutrition Site. Oh Boy! The round one himself, CDC Chair Earnie Sirk, has made calls to the Lifeline folks informing them of the pending lawsuit over the use of the words “Senior Center” and for them to be on notice. Should be interesting to watch what happens
***Hasn’t been much talk recently about a much desired Juvenile Detention Center located in Clay County. Four years ago the Business Development Authority (BDA) worked on the project and even held a public hearing on the matter. Since then little has been done on the project. In December the BDA appointed Ivydale’s Elizabeth Sampson to head up a committee to get such a center in the county. Sampson has now set up a meeting with Commissioner of Corrections Steve Canterbury and has made calls to Legislative leaders as well. Those interested in helping with the task can contact Ms Sampson at 286-2204
***Procious PSD could not make their payroll Jan 2 because a $6,700.00 check from Clay Roane PSD was not honored by the Clay County Bank. Procious supplies water and employees to Clay Roane and Clay Roane pays for the services the first day of each month. Clay Roane had only $3800.00 in their account. Full details elsewhere in the paper.
***On Dec 26th and around noon, motorists were “mooned” as they crossed the Pisquah Bridge in Clay. The checked shirt, tan pants, and green jacket clad man barred all at 12 degrees!
***For those that just get one day off for Christmas and New Years, Clay Development Corp (CDC) has to be considered the King of Holidays. CDC gets the day before a holiday plus the day after the holiday with pay.
***Not much has been said recently about the Clay Water project being under funded $85,000.00 according to WV Public Service Commission records.
***Word on the street has it that the Open Meetings Law suit against the County Commission and the Ambulance Authority will be appealed to the WV Supreme Court.

        With Council person Sally Legg absent, Clay Town Council meet Jan 2 at 6:00pm. The following are highlights only.
        Bills were Ok’d to be paid although we don’t know if there is money to pay them
        The “Woofter Way” easement agreement was presented to Council for approval by the Mayor. Woofter Way is the street Johnny Woofter owns that is the only way to get to the new sewer plant. No attorney has looked at the agreement. Town raised concerns over being responsible for paving the street March 2002. Dave Derby commented, “Maybe we could give it to the State.”
        Mayor Gibson made mention that she had received notice that a petition has been filed against the water rate increase from John Brown and public hearing will be held Feb 15 at 1:00pm at the Courthouse to receive public comments on the coming rate increases.
        AS an update on the lawsuit filed by citizens against the rate increase, Mayor Gibson said the summons had been answered by Kevin Duffy since Town Attorney Jim lane did not return phone calls.
John Habjan has not remitted his company’s gas tax. His firm is now 6 months behind. Questions came up on how does the town know what taxes he really owes them.
        The Mayor announced that the PSC has said the rates charged the different wholesale water buyers will have to be the same. No different rates. The recent audit revealed that the town is losing a lot of water and it looked like they were giving it away
        Mayor Gibson commented that through the persistence of sewer plant operator Don Kerns, Chapman Technical has finally given the sewer plant a chlorine safety kit that should have been provided the plant when the plant was built.
        Up to now, Mayor Gibson held her composure. Gibson asked ace cub reporter about the front page article in the last edition of this paper that put the finger on the Mayor for secretly requesting another water rate increase, an “end run play.” Gibson,” I would like Mr Waddell to explain this Municipal Water Works increase.” Waddell explains that the info on the newest rate increase came from the PSC web site. Waddell went on to explain that it was the Mayor herself that said she was going to do what was needed to get the town out financial hot water during the last town meeting. Gibson, “ I’ll have you know that I have not done anything like that and I really don’t appreciate you smearing my name. I don’t!!...” Waddell again explained,” I heard you say, ‘e got to do something and I’ll call them.’ And then this shows up on their (PSC) web site. And since then. Chapman Technical has submitted plans and specifications to back up the rate increase on Dec 22. My question is , how did it get submitted?” Gibson,”I don’t know unless you done it!... I have not asked them for anything...You know what kind of shape we are in.” Waddell,” so this Mayor and this Council did not apply for a separate water rate increase?” Gibson,” NO!!” Waddell, “ I shall so note that.” Gibson, “I couldn’t very well ask for a rate increase without the Council knowing it.” Waddell, “.. Procious and Clay Roane just did that and letters of protest of been filed against them.”
         Betty Murphy, “Somebody did this and it’s on the (PSC) web site.” Jeff Krauklis read over the new rate paper work and noted a difference between it and the last one. Krauklis,” those aren’t the same numbers...” Krauklis later commented that “this is curious..”
Gibson was ready to bite nails. ---AW

Wake Up Clay

        There are a few things that need to be addressed concerning the proposed new water plant for the town of Clay. All that has been said about this project has been negative and non-supportive. This plant will have many benefits and advantages for our small community.
        The cost to update the old plant will be as much as it will be to build a completely new plant with government grants. The cost incurred updating the old plant will be paid out-of-pocket by the citizens of Clay. If you update the old plant, you still have a 40 year old plant.
         For approximately the same money (and with government grants already allocated) you can have a completely new plant that will last for years to come. The new plant will not have to run nearly as much as the old plant because of a much greater capacity. With less running time necessary, labor costs will be reduced from 15 hours a day to 8 hours a day, almost cutting labor costs in half. Maintenance costs will be reduced for years, as the plant will be new. A new water plant will be able to service larger areas of the county. Water quality will be better because it will be treated in a newer and more efficient plant. The new storage tanks that will be located in the community will be new, cleaner, and safer. Service should be improved because the new water plant will have fewer interruptions of service due to maintenance.
        In my opinion, with all things considered, a new water plant is the only sensible answer to a problem that will have to be addressed now or in the very near future. People always want to blame the current Mayor and Town Council for the problems concerning the town of Clay. Not one of these problems was created by this administration - these problems were inherited.
        One more thing I want to mention before I stop: there is no industry or company anywhere that will locate in an area that cannot provide adequate utilities. No new industry or business will mean a continuation of “no jobs in Clay”, and, the loss of our young people as they leave to seek employment elsewhere. Think about it for just a moment.

Concerned citizen of the town of Clay
Electric Deregulation Alert
Open Letter to members of the West Virginia Senate and House of Delegates

Ladies and Gentlemen:

        The Public Service Commission’s Electric Deregulation Plan for West Virginia is bad for the consumer, and bad for the environment.
        The PSC is going to ask you to adopt their Plan. We hope you will insist that the PSC must correct the following problems:
        Rate Increases. The WV Plan assures six straight years of rate increases, regardless of the actual cost of electricity. The PSC calls this a “rate cap!”
        Price gouging. There is no protection in the WV Plan from the kind of price gouging now occurring in California where households have seen their already high electric bills double, quadruple, and more almost overnight. Seniors have had to unplug refrigerators as the state face possible rolling brownouts.
        Big businesses used their economic clout to negotiate special rates, and residential customers - average citizens - had to make up the difference. The WV Plan would let the same thing happen here.
        Unfair Anti-Competive Practices. The WV Plan doesn’t really deregulate. it fails to truly separate power generating companies form electricity distribution companies. Today’s monopolies - AEP and Allegheny Power - will have a built-in competitive advantage over any potential newcomers. In effect our citizens will be at the mercy of newly unregulated monopolies.
        Inadequate Energy Conservation Measures. The easiest way to save money AND benefit the environment is to use less electricity. But the WV Plan ignores conservation entirely, except for limited home weatherization assistance for low-income customers. Most states mandate energy conservation assistance, even without deregulation.
        Renewable Energy No Encouraged. No Renewables Portfolio Standard. Renewables Portfolio Standards in other states require that 5-10% of electricity must come from renewable sources with in 8-10 years of deregulation. Customers have shown they want renewables, but WV utilities have no plans whatsoever to meet this demand. A renewables Portfolio Standard is needed to enable the choices that choosy customers want.
        Home Electric Production Penalized. Homeowners may choose to generate their own power using renewable types of energy. This would prevent the need for additional commercial generating plants, and encourage cleaner, greener electricity.
        The WV Plan penalizes home generation. If a home generator produces more energy than they need, the excess would go into the system - but the home generator would not be paid for it. In effect they would be required to give away (for sale later by marketers) this electric power.
        Environmental Information Is Not Adequate. Most states require utilities to “Tell the Whole Truth” when selling to customers, since competition is based on “an informed consumer making informed choices”. But WV’s Plan limits information about the types of fuel companies use and the pollution it produces and makes “price” the only information customers will see on regular basis. If “price” is the only information customers get, there will inevitably be one “low cost provider” and competition will never develop. But if different companies can compete based on variety of environmental factors that customers can choose from, the marketplace could become a powerful force for reforming the industry.
        The WV Plan limits environmental disclosure to customers, when it should require environmental disclosure with every electric bill, every sales pitch, and every contract offer. Environmental information is posted on every appliance or auto you buy, why not electricity you buy too?
        Grandfathering of Old Polluting Power Plants Continues. Under the Clean Air Act, old power plants were not required to meet the same standards as new plants, because “everybody knew” that these plants would be closed down soon. Now it is 30 years later and these dinosaurs continue to belch unacceptable levels of pollution. New power plants, with tight pollution controls, cannot compete with old plants that are exempted from the same standards.
        Many other state require old plants to clean up as part of a dereg plan. WV’s Plan continues to favor the old dinosaurs from the existing monopolies by ignoring their environmental impact.
        We want you to know what the WV Plan would mean to the consumers and the environment in West Virginia.
        We have seen the disaster that deregulation has meant in California. We do not have to follow in their footsteps.
        If we stop our headlong, heedless rush to deregulate, we can take the time to do it right. But it will take time. You need to send the WV Plan “back to the drawing board” to be fixed. The people of West Virginia deserve a Plan that protects them and their environment.

Yours truly,
Jim Sconyer James Kotcon
West Virginia Sierra Club WV Environmental Council

Magistrate Reports

Moving Citations
12-16-00 through 1-9-00: State - Eldis Lane for def. equip. & no P.O.I.
Sheriff’s - Jennifer S. Johnson for speeding.
Sheriff’s - Brady A Shannon for speeding.
12-19-00: State - Daniel Stepp for speeding.
12-21-00: State - Mathew C. Brown for no P.O.I.
12-23-00: State - Nicole Smith for def. equip. & DWS.
12-25-00: Sheriff’s - Jason W. Moore no seat belt x2.
12-26-00: State - Kevin Joe Elkins for speeding.
State - Robert J. Gayda for speeding.
State - Jeremiah L Johnson for speeding.
Sheriff’s - Kayla E. Lowther for speeding.
Sheriff’s - William S. Mease for speeding.
State - Harold L. Oxley for speeding.
Sheriff’s - Nathan N. Ruggieri for speeding.
State - Nicholas A. Starita for speeding.
State - Tammy Taylor for MVI & no P.O.I.
12-28-00: State - Matthew A. Gill for no P.O.I. & dest. of prop.
State - Davie Lee Pritt for no P.O.I. & no seat belt.
State - Joseph Ray Weese for speeding.
12-29-00: State - Andrew J. Gentlin for speeding.
State - Dale Mullins for def. equip. & regis. violation.
12-31-00: Sheriff’s - John M. Moore for DWS & regis. violation.
1-2-01: State - Donnie A. Friend for speeding.
State- Patrick Blankenship for speeding.
1-4-01: State - Christopher Samples for no P.O.I. & MVI.
1-6-01: State - Kevin Carte for operators.
State - Leslie A. White for poss. of marijuana.

Criminal Cases
12-26-00: Slack - Melissa Ann Peck warrant issued for no P.O.I.
12-28-00: Clay Primary Care - Kathy L. Cottrell & Kathy Persinger warrant issued for wc.
Ellyson - James M. Morris for stalking.
12-30-00: McKown - Jarrod W. Coleman for DUI.
1-2-01: Kacie Smith - Mike Shoults for peace bond.
1-3-01: Slack - William J. Smith warrant issued for trespassing.
1-5-01: Guthrie - Michael Lanham for battery x2, dest. of prop. & trespassing.
1-6-01: Bailey - James W. Cummings for DWS, driving w/o headlights & DUI 2nd offense.
Bailey - Leslie A. White for poss. of marijuana.
1-8-00: Davis - Lloyd Rapp for reckless driving.
1-9-01: Lizemore Exxon - Randall K. Nichols found guilty for wc.

Civil Cases
1-4-01: Hurchel Rowen - Irlene Coe purged for wrongful occupation.
Kelly Paxton - James Paxton domestic violation petition w/d.
1-8-01: City Nat’l Bank - Rocky L. Legg for breach of contract.
1-9-01: Big Otter Mart - F&J trucking & Kelly Moore for charge accounts.
Clay County PSD - Angela Stewart, Melissa Cook, Stacy Schoolcraft, Angela Smith, Terry Keenan & Jillian Smith all for other.

Worthless Checks
Bank of Gassaway - Edgar E. Cobb/350.00
Clay Foodland - Bridgette Stalnaker/50.00, Diana Elliott/83.62, Melissa K. Massey/111.76 & 117.00.
Sizemore’s IGA - Debra Brown/55.00, Sarah Rogers/100.94/48.26 & 26.33, Maria Thorne/33.78 & 22.49, Roger B. Carper/30.52 & 26.33, Shirley Mullins/46.98
Big Otter Food Mart - Melissa Moss/12.12, Barbara S. Sauer/25.70
Cunningham Motors - Chester E. Boggs Jr/50.00, Andrea L. Graham/49.16, Maria Throne/150.00, Cathy Nicholson/5.00, Andrea L. Graham/55.05

Barry Dick Stewart, 37 to
Shelia Kay Davis, 39

Dwayne Junior Cottrell,20 to
Melissa Dawn Nottingham, 26

Ricky Allen Paxton, 29 to
Melanie Dawn Dawson, 22

Cheryl C. Nestor,35 from Jeffrey D. Nestor, 37
Erica D. Rhodes, 20 from William J. Rhodes, 30
Tonya Ann Tarpe, 25 from Jerry Anthony Tarpe, 23

Concealed Weapon Permits
Earnest Herbert Sirk, Hilma E. Cutlip, Kenneth L. Cutlip, Priscilla Lynn Vance, Ricky Eugene Hall, Michael Eugene Carroll, Mamie Francis Sutton, Kenneth Lee Cash, Jefferson Lance Taylor & Patrick R. Black.

Erroneous Assessment
Approved by County Commission
Jan. 9, 2001
Wershel C. Schoonover, Jr. for tax year 2000: property was assessed with a building and no building was there exonerated from payment $110.86.

Death Certificates
Raymond Allen Rose born 5-28-1905 of Big Otter died 12-13-00 L.T.R. in Salisbury Cemetery.

Dana Sheldon Carte born 1-22-35 of Clay died 12-27-00 L.T.R. in Ramsey Cemetery.

Anna Dice Bogs born 1-2- 1906 of Big Otter died 12-24-00 L.T.R. in Boggs Cemetery.

Dennis Odrie Pringle born 1-27-21 of Ivydale died 12-8-00 L.T.R. in Pringle Cemetery.

Lottie Belle Reed born 5-7-10 of Frametown died 12-3-00 of Frametown L.T.R. in Smith Cemetery.

Robbie Jackson Bryant born 5-21-28 of Queen Shoals died 12-13-00 L.T.R. in King Mullens Cemetery.

Lewis B. Mullins born 9-25-28 of Maysel died 11-20-00 L.T.R. in Mullins Cemetery

Cecil C. Ellis born 5-26-06 of Tariff died 12-12-00 L.T.R. in Walnut Grove Cemetery.

Bennie Silas Lane born 11-5-20 of Kanawaha County died 12-22-00 died 12-22-00 L.T.R. in Clendenin Mem. Gardens.