By Free Bird/RGW Reporter for Concerned Citizens Free Press and the Central WV Secret Seven Coalition/Rina McCoy – Editor/Cosmos Communicator
If you sign a contract you are obligated to fulfill the terms of that contract. If you find a problem during the course of that contract, you have recourse to fight for change in the courts. Those are the plain, simple facts. Yet Gilmer County Commission has not found it necessary to pay Lewis County E911 fees, since the election of 2010, fees that have been contractually obligated. This is happening despite the fact the Lewis County Commission reduced the monthly fees charged to Gilmer County by one half for the past two years.
Calling 911 is no laughing matter unless you live in Glenville, and then the thought of it is hilarious as these two can't keep a straight face while acting out an emergency!
Whether you agree or not that Gilmer should have their own 911 center does not alter that the organization providing our current emergency services support has not been paid for work already agreed to and rendered. It does not change that they are being mistreated and publicly insulted by the Gilmer County Commission. Commissioner Kennedy actually called the Lewis County Director Rowan a “Jackass” when he questioned why payment had not been made since last year in the public commission meeting October 2011.
“Not one other Commissioner called Kennedy out on this behavior!”
They all sat there in quiet agreement. To put the icing on the cake, the commission did not sign the annual contract with Lewis County E911 at that meeting. Does this mean we do not have 911 services in Gilmer County? It should, we haven’t paid for it, there is no contract in effect.
We would be screwed if Lewis County had not worked for us and with us these many years at our request and they have continued to do the job for our citizens out of a sense of duty while trying to work to resolve the problem without pay.
Any reasonable person can figure out that if we bring the 911 center back to Gilmer County we should be working closely with Lewis and learning from all of their years of experience. Why waste our time and money reinventing the wheel? You would think Gilmer County Commission would be attending the monthly meetings but they’re not. Commissioner Ramsey walked in to the Lewis County Commission meeting to tell them we are going on our own, that’s it. Kennedy schedules to attend the Commission meetings and does not show. You would think the Fire Chief would be attending those 911 meetings but he’s not. You would think the EMS Director would be at those meetings on time but she’s walks in up to an hour late. Are they supposed to back up and redo the meeting time and time again? You would think that the Emergency Services plan for Gilmer County and Lewis County would be coordinated but it’s not and Gilmer County representatives are aware of that fact. Furthermore, Gilmer County is making no effort to sit down at the table and develop a plan to transition the services in a smooth and efficient manner with our previous provider. It is not happening. All of these facts are public record and reflected in the minutes of Lewis/Gilmer E911 and Lewis County Commission meetings.
Of course removing Gilmer County coverage is going to hurt Lewis County.
They have invested funds to grow with and have a vested interest in the center that has by mutual agreement provided multiple county emergency service needs for a very long time.
Hell, ya can't hardly even get a hold of the courthouse these days let alone depend on somebody coming to your aid!
They have increased their facility, staffing and training costs to meet them. The budget will be greatly reduced. They will have to lay off recent hires and the last three are Gilmer County people. Can you honestly believe that they are not professional enough to coordinate this transfer of responsibilities in compliance with the federal and state laws which govern E-911 services locally and nationwide? They have provided required federal training for our emergency responders. They have not asked us to leave, we are choosing the move and that is our right. It is the obligation of the County Commission and those they have appointed to determine if the move is feasible and if it is to make it work. It does no good to sit at the table, listen to regulatory requirements and return to Gilmer County saying this is how we’ve been told it should be done but we’ll just do it our way. Taking the easy way out will not get the job done this time.
“Providing ambulance and emergency rescue is too important an issue!”
“It is up to county leadership to ensure all that takes place is in the best interest of our citizens!”
Calling our neighboring leaders jackasses does not help, it hurts the process. It gives cold comfort to those forced to rely on them in an emergency now or in the future. It is business as usual ran by egos and politics, not intelligence and good common sense.
News > Federal Court
Settlement reached in suit against Gilmer County Clerk
10/14/2011 7:45 AM By Lawrence Smith -Monongalia Bureau
This subdivision near Glenville was the subject of a lawsuit filed last year in U.S. District Court. The suit came to a conclusion last week when Summit Community Bank settled its claim alleging the Gilmer County Clerk’s Office caused them to be an unwitting co-defendant in it as a result of an improperly recorded financing statement. (Photo by Lawrence Smith)CLARKSBURG – A tentative settlement has been reached in a lawsuit accusing the Gilmer County Clerk’s Office of improperly recording a financing statement for property in a housing project with ties to Glenville State College.
U.S. District Judge Frederick P. Stamp Jr. on Oct. 11 dismissed a cross claim and third-party complaint Summit Community Bank of Winchester, Va., filed against the clerk’s office last October. Summit’s cross claim and complaint was in response to a breach of contract suit filed against it, New Horizon Home Sales and Gilmer Housing Partners by Textron Financial Corporation in March 2010.
In its complaint, Textron, a Providence, R.I.-based commercial financing firm, alleged New Horizon, an Athens, W.Va.-based modular home dealer, defaulted on paying them for property they helped them acquire in the River’s View subdivision outside of Glenville in 2005 when New Horizon, three years later, sought permanent financing from Summit’s branch in Moorefield. Textron sought judgment against New Horizon, Summit and GHP for $270,166.77, the proceeds from the sale of the initial two lots, and two other lots they helped New Horizon finance.
Records show, GHP was the previous owner of the lots in the River’s View subdivision, located on W.Va. 5 near the Gilmer Federal Corrections Institution. According to the Secretary of State’s Office, GHP is a for-profit corporation whose address is the home of Glenville State College President Peter Barr.
Also, Barr is listed as GHP’s sole incorporator and manager.
In its cross claim, and complaint, Summit said had it not been for a defective Uniform Commercial Code fixture filing recorded by the clerk’s office, they wouldn’t be involved in the suit. Specifically, they alleged the clerk’s office did not follow state law by recording New Horizon as a co-debtor on the fixture filing along with Jack Jones, its president.
Specifically, they alleged when a pre-suit injury was made about New Horizon not being listed as a co-debtor, incoming Clerk Jean Butcher, who replaced the retiring Beverly Marks in last year’s election, said that’s “‘the way it’s been done for years.'” Summit sought judgment against the clerk’s office for all costs it incurred in the suit, including attorney’s fees.
When contacted for the terms of the settlement, Summit’s attorney, Edward McDevitt, referred all questions to Wendy Greve, the clerk’s office’s attorney. Greve was unavailable for comment prior to press time.
Prior to the settlement in Summit’s cross claim, and complaint, Stamp on March 15 granted Textron’s motion for summary judgment finding they were the superior lien holder on at least one of the property’s in question. In doing so, Stamp granted Textron possession of it, and ordered New Horizon to pay them the entire judgment plus pre-judgment and .25 percent post-judgment interest.
Records show GHP was dismissed from the suit two weeks later.
U.S. District Court for the Southern District of West Virginia case number 10-cv-39
Revenge of the Ghost Wolf 