Government News

Calhoun County Commission Questioned on Illegal Meeting Procedures

The remaining two Commissioners met Monday, September 11, 2023 for their monthly meeting in the Little Courtroom of the Courthouse, opened by Commission President Craig Arthur who told the very well attended meeting that – The freedoms that we take for granted are under attack. We need to understand the perspective that we are going to have disagreements but let’s look at the common goals. Look at the complexion of things and move this county forward. –

Under Delegations, Roger Propst, representing himself and not an organization. With relation to the Sunshine Act requirements, Mr. Propst asked the officials if the Executive session listed on the agenda was planned or there just in case it was needed. Kevin Helmick said it was there just in case it was needed. Mr. Propst then ask Jean Simers, County Clerk, to read what was in the minutes about convening an executive session, telling her afterwards that it appeared Calhoun had done it correctly on that agenda. However there were only twelve bondafide reasons for an executive session and each time one is held, the reason must appear on the agenda.

Roger Propst

When the matter of the appointment of a Prosecutor to replace Nigel Jeffries was on the agenda, no where on the agenda did it state that during the executive session there would be interviews conducted; it only stated that there would be an appointment of a prosecutor. So it has been established that the executive session was entered into for a matter not on the agenda. Propst further stated that having a “planned” executive session is illegal. The code states that a governing body may not decide in advance that it will go into executive session. The agenda may indicate that it is anticipated that a matter may be discussed in an executive session, but can only enter into one by a majority vote inside the meeting. The citizens of Calhoun County have methods of being able to deal with serious violations, which this may or may not be. Any citizen can bring an action before the Circuit Court of the county and the court may enforce the provisions of the “act” and force the agency to comply and may set aside the decsions made inviolation of the act. The petition must be filed within 120 days. He further informed them that the citizens can cause an investigation for behaviors out of the ordinary.

The agenda for the August 9th, 2023 commission meeting indicated an executive session with no explanation of what was to be discussed. Even though the known purpose was to inteview prosecuting attorney candidates which is a violation. The governing body cannot list a blank executive session. Propst said that what should have happened was that the interviews and appointment may have required an executive session. But Calhoun’s commission is a violation. “Let’s clean this up” Mr. Propst said. “The open meeting act is for the purpose of being open with the public that has put you here.”

Crystal Mersh was next to speak to her concerns of what appears to a “make shift” contengency fund using the budgeting of Regional Jail funds. The Commission placed $500,000 into that fund which would be an unheard of annual amount needed. Mersh said that Budgets are not carved in stone and funds can be moved. But the county should have budgeted for a grant writer, healthcare, etc and focus on the must haves. An actual contingency fund is to be no more than 10% of the county’s budget set aside. She recommended that more dilligence in issues such as flood plain management be addressed following the recent flooding on the West Fork. Unaddressed “fill dirt wanted” signs that could effect the flow of local rivers should be addressed by whomever is in charge. According to Mr. Helmick that would be the WV Department of Highways job, not flood management of Calhoun Control.

Charlotte Arthur, Annimoriah resident and spokesperson for that community asked the Commission what progress had been made on the Annimoriah Water project. The matter was turned over to Luke Peters of the Mid Ohio Valley Regional Council to address, who said that the Norman Ridge project is in the planning stages, while the Annamoriah is merely in discussion. The engineers are getting ready to ask the county commission to pay for mapping that area.

Mrs. Arthur was directed to address her concerns to the Pleasant Hill PSD which meet the first Monday of each month in the Grantsville City Office at 4 p.m. She expressed her concern that the residents don’t believe they’ll see this project completion in their lifetime due to the long, drawn processes required.

Crystal Mersh ask the Commission who it was the drives the project, “Is it Luke Peters or the Commission?” No real answer came, she was told that until the engineering is done, there is nothing any of them can do.

Charlotte asked what they can do to get focus on Annimoriah, when all of the focus appears to be on other projects. “Are there not more than one or two people worling on this?” she asked. “Who is the lead?”

Luke Peters informed her that it was himself and Jake Frady of MOVRC.

A major issue has been the ability to get Engineers to bid on the job. Apparently, nobody wants to “step on Jim Hildreth’s toes,” and bid. Peters said they received little response.

Tony Arthur asked if they had not said before that Hildreth’s was overwhelmed with work, which Peters said that they do have several other projects.

Charlotte Arthur expressed concern for losing funding because of time delays for which Helmick told her it was a slow process. Craig Arthur said they’d follow up with the PSD’s and check on progress. “We’re in the 21st century,” he said, “And sustainable water is what everyone deserves. I’m still learning how this process works, and what’s involved with the grants.”

Hortz Motz said it sounded familiar such as the broad band project, “talk, talk, talk.”

Kelly Barr, Director of Calhoun Control provided a report of activity to the commison about the recent flooding. Eight bridges were impossible with the state saying they were “corkscrewed” by rapid flowing waters. At least two homes wer destroyed and twenty one homes effected. For clean up materials and other assistance, call the backline of Calhoun Control (304)354-9271.

Jason Wilson, Director of Minnie Hamilton EMS, reported their activity as well as informing the commission that off duty EMT and Paramedics now have radios to make them aware that back up is needed when the county is uncovered due to an ambulance being busy.

CRI’s request for funding was tabled once again by Commissioner Helmick who said the county is now very low on funds.

Donnie Pitts, President of the Calhoun County park reported that the play areas are finished with the help of Hope Gas and other volunteers who helped to put down the mulch. The park board is working on a master plan that includes a new project that could be done by the end of the calendar year. With information from Sheriff Graham Knight and Trooper D.C. Moore of the West Virginia State Police, the park will be working on a Disc Golf Course. The cost of the project is approximately $5-6K and it’s a game enjoyed by young and old alike according to to Pitts. He also shared that Minnie Hamilton Health Systems had donated a 12×14′ building that will become a bunk house for the stargazers and other groups using the park. Renovations will be around $3-3,5K.

Luke Peters of MOVRC told the Commission tha the $450,000 block grant for the bathhouse at Calhoun County Park had been approved, with $25,000 going to Thrasher engineering and $2,000 for Administrative fees and travel for MOVRC. The amended grant is for a 40×30′ mens and womens bathroom and shower facility. The same approximate one that the 1982 Foundation just built for $110,000. This raised multiple eyebrows and questions on why the Engineers believe the one at the Calhoun Counthy Park will cost so much. According to Peters the bids have not been made for the building and it may not cost that much, and it’s grant money. As apposed to real money.

It is the opinion of Ridgeview News that Engineers have made Calhoun County a real cash cow on recent projects, and the evidence of their value has yet to be proven.

Anita West, representing the Upper West Fork Park showed the commission the extensive damages that occured at the park from the recent flooding. Multiple freezers and refrigerators were toppled causing the loss of not only the appliance but content as well. They were able to clean up the mud and debris, and borrow a sound system to host their Saturday night event, but there are multiple areas of the park that need help and donations.

Luke Peters of MOVRC asked if the park had plans to raise the building to which Anita responded by saying they were working with FEMA to determine how to move forward. LKADC met with the Pickering Associates and spoke with Delegate Hanshaw. Fema does not want to keep pouring money into the facility and would consider a buy out. The buildings would be moved to other property for the community building and fire department but the ball fields would stay in p lace. She said that some hard conversations were going to occur in the future.

Helmick said that the Commission would like to help but that he had to sign over tax money because the county was $7,000 in the hole. Transcanda money had yet to come in, but when it did we’ll see if we can transfer $100,000 and spend $30,000. But we are very, very low on funds, he pointed out once again.

Calhoun FRN hosted a save a life and narcan training last week and is now gearing up for Christmas. Sign up for their Christmas give aways are November 13-14, 2023. The organization also wanted people to know that there is currently a new computer available to the community for use on the internet.

Sheriff Graham Knight

Graham Knight reported that the Sheriff’s office is now monitoring eleven inmates on home confinement with each paying for the service $30 montly. He is looking into another service provider due to the instability of the network that they are currently experiencing.

Sheriff Knight noted his appreciation for the FRN narcan program for which he too was trained and has used multiple times since taking office.

Other matters of concern for the Sheriff was the purchase of body armor packages for he and Officer McKown. Trying to be fiscally responsible he was planning to order armor that would configure to multiple sizes, never knowing what size the next officer may be. And speaking of the “next Officer” Sheriff Knight said that he is continuing to attempt to hire a deputy but because of the competition with other departments that offer up to a $15,000 sign on bonus, he was finding it difficult. He requested the Commission’s consideration of a $5,000 sign on bonus for certified deputies to at least compete.

Knight’s last item of business was to inform the Commission that the second cruiser is ready for outfitting by Tanners Communication. Over the previous three years, Calhoun County has purchased $109,524.43 in goods and equipment from Tanners Communications for various emergency service departments.

Shelia Burch spoke for the LKADC about other people on the West Fork recently flooded. Businesses Chloe Hardware and Stinson grocery were hit extremely hard. While there are resources to aid families and private individuals, there are not such options for a profit business through the Red Cross or FEMA. It is critical that people contact Calhoun Control for information on registering their flood damage so that the state is aware of how many people in this area were effected.

Mrs. Burch also spoke on a recent Broad Band Summit she attended saying that a grant was received from ARC to map out the entire State. A project that Melissa O’Brian will present to the counties. She said although they’ve done a better job with documenting the unserved and underserved, counties are responsible for putting together a plan to apply for that funding.

Crystal Mersh asked where all the previous millions of dollars went that had been allocated. But nobody seems to have that answer.

While we agree that FEMA should not want to pour money into an area that keeps flooding, why should West Virginians want to pour money into an internet bucket that has a whole in the bottom of it, funneling mainly into Frontier Communications pocket? It’s not like there are not other options for providers. Shentel is providing service in Calhoun County that many of their customers are extremely satisfied with. Shari Johnson (Ridgeview News) has Shentel on Mt. Zion Ridge and is currently running 148.0 mbps download, and 25.2 mbps upload, and yet when she had Frontier, barely got out of single digits. Why does the State cater to such poorly provisioned company? How is it that there is not a free market for other companies providing a better service.

Shelia Burch said that the FCC says that the Southern end of the count was covered because a few houses actually have internet and that the Northern end of the County has less. Several questioned that theory.

Commissioner Helmick announced that the audit was received from the Grantsville Volunteer Fire Department making all audits accounted for. However, Clerk Jean Simers informed him that the West Fork had yet to provide their audit. Jaso Wilson advised that Calhoun EMS’ audits had been received and he would be forwarding those to the commission soon.

A Request for funding was received from the Calhoun Livestock Organization to update their kitchen and do plumbing repairs. When Shelia Burch ask if financial statements were requested by those asking the county for money to determine need and fiscal responsibility, Commissioner Helmick said he didn’t think they should be. After all, these organizations don’t have any money.

Alice Holmes amended her request to the Commission for assistance in building repairs for her non profit telling the Commissioners that she would advise them of the amount necessary to repair the roof rather than replace it,

Mt. Zion PSD amended their request for funding at which time the commissioners wanted the public to know that a rumor regarding $250,000 given to the Pleasant Hill PSD was not true.

All requests were tabled.

An approved hire was made for Cynrthia Steele for Calhoun E911, and Mitchell McKown for the Calhoun Sheriff’s Department.

Three applications were made to fill the board vacancy at the Mt. Zion PSD and was awarded to Ari White.

One application was made to fill the board vacancy at the Plesant Hill PSD and was awarded to Eric Cain.

Donnie Pitts was appointed to fill a two year board term at the Little Kanawha Transit Authority and Jeans Simers was appointed to fill a one year term.

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