Leaving no one out, health officials in West Virginia say, “veryone is at risk,”when referring to the rapidly rising cost of medical treatment in this country. In an economy that grows increasingly hostile to humans, corporations are putting more machines in place on their production lines – the end result being that people are being forced onto the streets of America by the thousands each month; three million have lost their livelihood in the past two years and eleven months. Is this some kind of record, or what?
But, people continue to get sick. And the medical industry, recognizing its power position in financial affairs, burns the midnight oil in its efforts to milk every last copper out of a system that is raising prices far and beyond the average cost of living increases. In this state, just as in every other sector of this nation, there are some things that definitely appear to be out of line price-wise. Many can well remember the $1200 toilet seats and $700 hammers of the Reagan era, but if you haven’ had to pay any medical bills lately, then prepare yourself for “hock and awe,”the likes of which you probably have never witnessed before. How’ this for an eye opener – oxygen set-up $23.00; stockinette (whatever that is) $38.58; guide $884.00; ream $1020.00; screw $1564.00 end $782.00; nail $1755.00; drill (bit?) $816.00. At prices like these a D-10 dozer would cost $100 million.
And the confusion…take a look at a typical hospital statement. Try to make sense of the confusing array of codes and abbreviations. Would you know what, for example, is meant by “02PACK SHEET SP” Well, we definitely need to know because the thing costs $95.48. Confusion reigns whenever one receives a bill for a major operation, “ill”as in multiple bills – hospital bill(s), surgeon(s) bill, anesthesiologist bill(s), anesthetist bill(s), emergency room fees, physical therapy bill(s), radiologist bill(s). And here’ some goodies – Semi-Prvt $1149.00 and Hospital Incidentals $18,219.72; for a total in excess of $28,000 to mend a broken leg. (We don’ know if this is THE total – bills keep coming.) With all the legalese doublespeak and hyphenated, abbreviated words the average person would find it difficult to understand what he/she is being asked to pay for. Indeed, many hospital employees wouldn’ have the foggiest notion as how to decipher a typical hospital statement. And our “aregivers”keep coming up with new ways to add consternation to mass confusion everyday. Is it possible that hospital administrators do not want the consumer to understand, because if he did there would be a whole lot of hell-raising going on in the financial office at check out time. “hey handle verbal widgets on the billing assembly line,”says Edward Waxman of York, PA, who audits bills nationwide.
Worse than that, most consumers do not ever see an itemized bill. They are paid by government insurance who use only diagnosis codes (no itemized bills), an open hole so wide that one could hide an aircraft carrier in it. An open invitation for fraud if there ever was one. And, private insurance carriers practice the same type of payment schedules. Little wonder there is massive hemorrhaging of our health care dollars.
Back during the 1980’ there were a number of labor work-stoppages in the southern coalfields – much of revolving around the United Mine Workers Health System. During that period I was acquainted with many who participated in these work stoppages and had great empathy for the condition of their health fund. However, being a coal miner myself in years past, I questioned whether or not such strikes were addressing the right issues, i.e., were their efforts focusing on the real culprits who were the source of their problems? As a union member for much of my working life, I have always maintained that unions were missing the point when it comes to health, safety, and welfare of their workers. They have dwelled upon wages and benefits for themselves, but ignored entirely the well being of their neighbors and the community in which they lived. Unions have never admitted that the community is a stakeholder in labor negotiations, much to their own hurt.
Now we are hearing voices within the labor movement who have finally realized the seriousness of the entire question concerning health issues. But, once again, it seems there is only limited vision on the part of union leaders. Recently, a demonstration in Kentucky focused on health issues and vows were made to the effect that the union was not going to allow members health and welfare to deteriorate any further. Good for them. But it will take more than the United Mine Workers – it must, necessarily, include every labor organization in this country to, once again, step outside their own personal comfort zone and force the issue in the legislative halls AND in the corporate boardrooms all over this nation. Gains made under the banner of union labor during my father’ and my own time have been eaten away, partly because labor became complacent, comfortable, lazy, soft, and somewhat nearsighted. And they have never really understood the relationship between good community relations and the welfare of its members. Labor, in this nation, is facing a crisis in public relations, and it needs to realize that its very existence depends on its view of who is its neighbor.
As a boy growing up in the coalfields, I was acquainted with the hardships of coal miners and their families. I have heard my share of the horror stories. However, there is another side of the story, one that I did not see until I was a grown man and raising my own family: there are millions of people who do not enjoy the wage structure of unionized labor, and who live in abject poverty – even while working at full time. And so it was during my childhood. Coal miners, at that time, were working for $1.00 to $3.00 per day, while others who worked in agriculture or in the shops and stores were working for 25 cents per day. While coal miners have had it hard, others among us have had it much harder economically. This is something all labor should be concerned about when they confront the captains of industry and those billions for CEO’ and upper management. Think about keeping prices within a range wherein everyone can enjoy the fruits of this nation’ blessing from our Maker.
Felony
??/??/03: Slack – Donna Wilmoth, grand larceny (07/23/03), continued by State to 12/11/03.
11/24/03: Delk – Amy Marie Beasley, warrant issued for grand larceny.
11/26/03: Foreman – Guy Dwier, breaking & entering and grand larceny (11/07/03), preliminary hearing- probable cause found; bound to Grand Jury in the Circuit Court of Clay County; Delk – Jerry Zane Boggs, sexual abuse (11/18/03), ROB (bond reduced to $20,000), preliminary hearing waived to Circuit Court.
12/02/03: Delk – Roger Dale Rogers, DWR/DUIA 3rd offense (11/04/02), preliminary hearing continued by Def. to ?? ; Elswick – Roger Dale Rogers, driving revoked/DUIA 3rd offense and receiving/transferring stolen property (10/22/03), preliminary hearing continued by Def. to ?? .
Misdemeanor
11/17/03: Delk – William Belknap, fleeing from officer, battery, and destruction of property, arrested.
11/21/03: Slack – Steve A. Boggs, battery, arrested, ROB; Sandra Guy – Damon Koch, peace bond, summons issued; Sandra Guy – Crystal Thorne, peace bond, summons issued; Sizemore – Jamie A. Neff II, leaving scene of accident with injuries, no POI, and operator’, arrested, ROB.
11/22/03: Simms – Earl Jessy Walls, obstructing a conservation officer, arrested, ROB, Def. pled no contest 11/25, assessed fine and cost.
11/23/03: Delk – Linda F. Townsend, violation of DVP and destruction of property, arrested, ROB 11/24.
11/24/03: Simms – Aramis Matos, spotlighting with firearm, appeared, ROB; Simms – Thomas P. Walls, spotlighting with firearm, appeared, ROB; Simms – Belinda Dawn Rose, possession of marijuana less 15 gms., appeared, released to appear 12/18; Elswick – Roger Joseph Ward, simple possession of prescription pills, summons; Elswick – Mark Anthony Stone, brandishing a deadly weapon, arrested 11/26, ROB.
11/25/03: Elswick – John E. Phillips, fleeing, registration violation, MVI, no POI and driving suspended/revoked non-DUI, summons; IGA – Lyle B. Gaston, worthless check complaint, warrant; Melco Lumber Co. Inc. – Chester E. Boggs Jr., worthless check complaint, warrant.
12/01/03: Sizemore – Brian K. Napier, possession of controlled substance less 15 grams, appeared, ROB.
12/02/03: Clay Supermarket – Ginger Perrsinger Cottrell, worthless check complaint, warrant, Def. paid check and costs; Clay Supermarket – Candy Adkins, worthless check complaint, warrant; Slack – James C. Rogers, violation of protective order, arrested, ROB 12/03.
Civil
12/02/03: Paul Dobbins – Procious PSD, money due, subpoena; Lyndsey Adkins – Walter Schoonover, money due.
12/04/03: R.B. Legg Jr., DDS – Warren Hypes, money due; R.B. Legg Jr., DDS – Rickey Hamrick, money due, subpoena.
Worthless Checks
Notices issued –
11/21/03: WV Dept. of Tax & Revenue – Eric Legg (paid 12/01).
12/01/03: Gino’ – Stephanie Taylor; Jason R. Stalnaker; Telenia Starcher.
Citation Register
11/14/03: State Police – Regina Carpenter, failure to stop/yield, operator’, no POI and registration violation; Sheriff’ Dept. – Marion Alexander Penn, speeding.
11/15/03: Sheriff’ Dept. – Jeremy M. Pierson, registration violation and possession cont/sub less 15 GRMS; DNR – Jeremy M. Pierson, fire arm violation.
11/18/03: State Police – Ronald L. Clay, speeding; Christopher Delarwelle, seat belt violation; Jimmy E. Perdue, speeding; Gregory A. Smith, speeding; DOH – Gary Lanning, no valid WV fuel decal.
11/20/03: State Police – Franklin R. Legg, registration violation and seat belt violation; James P. Reed, speeding; Daniel L. Wagner, speeding.
11/21/03: Sheriff’ Dept. – Carolyn T. Graham, registration violation and no POI; State Police – Jamie R. Jarvis, speeding; James K. Pickron, speeding; Nicole G. Raley, speeding; Larry J. Westfall, speeding; DNR – Jeremy M. Pierson, defective equipment, no POI and operator’; Belinda Dawn Rose, possession of marijuana less 15 grams.
11/22/03: State Police – Daniel S. Abrahamian, speeding; Terry W. Bennett, speeding; Angela R. Johnson, speeding; Jeremiah A. Mabry, speeding; June Reckell, speeding; Sheriff’ Dept. – Vanessa McGlothlin, no POI and registration violation; DNR – Justin Lee Walker, conspiring in a hunting violation; Earl Jessy Wall, hunting deer closed season and hunting w/o license; Christopher S. Walls, hunting w/o a license and hunting deer closed season.
11/23/03: DNR – Armis Matos, hunting deer closed season; Thomas Patrick Walls, hunting deer closed season.
11/24/03: DNR – David Wayne Aliff, hunting deer closed season; Clinton Wayne Skeen, fire arm violation; Jonathan R. Webb, hunting deer closed season; Sheriff’ Dept. – Channing Lee Cutlip, driving suspended/revoked non-DUI, possession less 15 GRMS, registration violation, no POI, driving suspended/revoked non-DUI 2nd offense, registration violation, MVI and no POI; David Holley Godbey, hunting from a vehicle and fire arm violation; Eric S. Jarvis, hunt from vehicle and loaded gun in vehicle; Samuel Ray Jarvis, hunting from a vehicle and loaded gun in a vehicle; Terry Skaggs, no POI, driving suspended/revoked non-DUI and registration violation; State Police – Casey Joseph Hoylman, speeding.
11/25/03: State Police – Darhyl R. Benson, speeding and driving suspended/revoked non-DUI; Jesse C. Coulter, speeding; Norman B. Jones III, speeding and no POI; Laura L. Sibley, speeding; James R. York, speeding; Sheriff’ Dept. – Sidney L. Glew, speeding; Brandon J. Katzeff, speeding; Christopher Rhodes, speeding; Jeremy D. Salisbury, defective equipment and no POI; James Scott Thomas, speeding.
11/26/03: State Police – Brett A. Chandler, speeding; William R. Cope, speeding; Amanda Guthrie, speeding; Barbara J. Marshall, speeding and no POI; Deena L. Steed, speeding; Robert Allen Truman, speeding and seat belt violation; Daniel W. White, speeding.
11/27/03: State Police - Paul C. Albright, speeding; Michael C. Blumetti, speeding; Patrick R. Esposito, speeding; Andrew M. Herrera, speeding; Sheriff’ Dept. – Timothy Lewis Gould, operator’ and no helmet on motorcycle.
11/28/03: State Police – Massoud Chekrallah, speeding; Sarah J. Ferrebee, speeding and operator’.
11/29/03: Sheriff’ Dept. – Steven M. Clark, speeding; William B. Dickens, speeding and registration violation; Timothy J. Parsons, speeding; DNR – Jack T. Naylor, fire arm violation; Jason Allen Wooten, fire arm violation.
11/30/03: Sheriff’ Dept. – Jeremy Ray Gray, no POI; Brian S. Napier, possession cont/sub less than 15 GRMS and no POI; Kelsey Nicholas, no POI and defective equipment; Johnny Starcher, no POI; State Police – Hazel Stewart, operator’.
12/01/03: State Police – Darius Joe Cummings, registration violation and no POI; Sheriff’ Dept. – Lowel J. Lambert, failure to main. record duty status and failure to obey traffic signs.
A message from the heart to the citizens of Clay County:
I would like to take this opportunity to thank you for standing behind me and my family during these last few years, Most of you are aware of the illnesses that we have gone through. We don’ know why things like this happen, but God must have chosen me and my family to be put to the test so that people all around could see His mighty hand of healing
When I was diagnosed with colorectal cancer, it was a devastating shock beyond words. I had no idea what I was facing. Here at 34 years of age, I was faced with a life-threatening disease. We had four little girls and another baby on the way. I had just started my career in law enforcement and my life was before me.
My family, friends, and neighbors of Clay County rallied around me and much prayer was sent up in my behalf. I can’ express my gratitude deeply enough for your support.
The surgery was very extensive, but the following treatments were much worse. The chemotherapy made me sicker than I ever imagined, as did the radiation treatments. In midsummer, I had to return to the hospital to have more surgery to remove a piece of my small bowel that radiation had burned.
Then I developed an infection that turned septic and went all over my body. For five weeks I hung between life and death. Some of my family stayed with me day and night as I fought for my life. The antibiotics were making me sicker and sicker. The doctor came in and told us, “’e done all I can do for him—it’ out of my hands.”
The very next day, knowing I was close to death, I was impressed to call my pastor to come and pray for me. While he was praying, God stepped in the room and touched me that very moment. I felt His presence so real that I could almost reach out and touch Him.
Three days later, I was released from the hospital and within three weeks I was playing softball with my children. I was still weak, but slowly recovering.
It has been three years now. I have recovered, although I have bouts of nausea from the effects of the chemo and radiation. All my tests have come back cancer free, thank the Lord. I am a survivor!
The prayers and support of the Christian people of our county has brought me through. God is faithful! I am proud to be a leader that represents the good people of Clay County.
We had another setback, however. While I was going through the ordeal I described, my wife Tammy and two of our little girls was diagnosed with an incurable disease called lupus. We need prayer for them. God is still able.
It is almost election time again, and there are a lot of hurtful rumors and accusations floating around the county about me. Please consider the source that these come from. I was raised and taught honesty and respect for others, the same qualities that I am handing down to my children. I have not let down my principles in any way.
I have had to stand against others for things that I felt were right, and this has not made me too popular with some. I didn’ get elected to do what was popular; I got elected to do what was right. I am still striving to so this.
Straight from my heart, I want to say this—I have had a minor setback lately with my medication. The doctor put me on a prescription drug that he thought would help my nausea. It didn’ work. That problem has been solved, and my medication has been adjusted.
I want to apologize to the people for missing a few commission meetings due to the effects of my medication. I feel good, and am back in action with these negative things behind me. It has been an honor and privilege to represent the dear people of Clay County as your commissioner.
One more thing—I want to say to those people who have cancer or any other life-threatening disease, “ook up to God! And never give up!”
| God bless you all,
Matthew S. Bragg
DON GREENE: WV Radical HOW FAR WILL IT GO?
Like many Americans I am worried about the direction this country is going under the current administration and even more concerned about how far it will go if allowed to remain in power for another term.
The first warning of something not right was the literal stealing of the last presidential election when alleged impartial judges plainly followed the party line and robbed who knows how many voters of their vote, changing the outcome of the election.
Then came the so-called Patriot Act, which robbed us of many of our civil rights and liberties and would have been better named the Fascist Act. A recent update on the implementation of this piece of work has been the refusal by the Justice Department to reveal the names of suspected terrorists trying to buy weapons. This is based on the opinion that the small fact that just because they are suspected terrorists shouldn't interfere with their right to purchase weapons. Huh? I can't believe that is actually happening.
Following this were the deceptively named Healthy Forests and Clear Skies programs. The first intends to save the forest on national lands by cutting them down before they have a chance to burn and hurt someone. I guess the idea that we could just let them burn is too simple. The second is also a slick piece of word jumbling, with the saddest and worst part being the novel idea that carbon monoxide is no longer a threat to the environment, as seen by the hand-picked corporate shills of this President. Our successful Clean Water Act, that is largely responsible for reclaiming the rivers of WV, has been watered down and twisted around to the point where dioxin is no longer considered dangerous or, I suppose, a carcinogenic substance. How far will this sort of double-talking, corporate-feeding, word-twisting stuff go? Maybe more importantly, how far will we let it go? We can stop it.
What many of us see is a return to the corporate-owned America of the late 1800's, when corporate leaders wielded more authority and power in the nation than the government. Looking back, we can see that the same thing happened during the rise to power of the fascists of Europe before WW II. The corporations joined forces with the extreme right of their nations, claiming their extreme measures were necessary because of the threat of terrorists. They then waged almost continual wars and used the claim of patriotism and national security as justification for stripping the citizens of their rights, muzzled the free press and turned the government over to corporate hacks. How far will this go? How far are we willing to let it go?
Letter to Brother Bill
By Evelyne McLaughlin
Dear Brother Bill:
"Christmas is coming, and the geese are getting fat. Please put a nickel in the old man's hat. If you haven't got a nickel, a penny will do. If you haven't got a penny, well, God Bless you." Those familiar words you used to say every Christmas. You told me one time Uncle Grover put a nickel in your hat. I guess you have all the Christmas trimmings and decorations strung up and out. Christmas time brings back wonderful memories of days gone by. You know we did not have electricity until I was ten or eleven, you were about 7. Mom purchased a strand of those Christmas lights, when one goes out they all do. But we thought our tree was the most beautiful thing we had ever seen. It would be trimmed with all sorts of homemade items, paper chains, cut outs and whatever. You know our gifts were wrapped with papers we used over and over. Our gifts were opened very gently as to not tear the paper.
I understand you received a few inches of snow and that it is still with you. Just keep that cold stuff up north in Pennsylvania. A little news: Houston Bullard is getting around slowly after his ATV accident a few weeks ago. I heard that your grandson, Adam Nickel, of Transfer, Pa., got a deer. Good for him. I haven't seen many deer going by on vehicles this year. The only one I really saw was beside the road in front of Dixie and Richard Jarvis's home. Guess someone hit it with their car. Aunt Delphia O'Dell of Ovapa, will be 88 this month. A card shower for her would be nice. Her address would be Ovapa Route, Procious, WV 25l64.
CONGRATULATIONS to Chasity Dawson of North Carolina. Chasity was a teacher here in our county before she moved. Her grandmother, Helen Sutton Hunt (Handley's widow), told me that Chasity was married last month in St. Thomas. She said a group of 25 cruised to St. Thomas to attend the wedding. Chasity was a student in my second grade class a few years back. She now teaches in North Carolina. Sometimes it does a body good to get out of Dodge. I wish her and her husband the very best.
We were really sorry to hear that Fran King will no longer be at the Bank of Gassaway. Those of us, who bank there, will surely miss Fran. She helped many folks in and around our county. Get well soon wishes to Bro. Junior Dobbins, of Twistabout. I hear he has been in the hospital.
Phone calls I received this week were from Maxine Starcher Shaffer, of Elkview, Blendine Daubenspeck Blankenship, of Leon, and Barbara Given Richards, of Summersville. Barbara was telling me about her children, grans and even her great-grans. I enjoyed talking to all of these friends. Do you remember Aunt Eva Samples's poem "I Can't Go Home For Christmas"? I am sending it in to Andy for printing in this issue. It is a very nice Christmas poem.
That is about it for this time. Be good, take care and remember always God loves you very much and so do I. Until the next time - Help Us All to be Brave.
|
| Love, Sis
Oh, I saw Paul Dobbins of Pumpkin Ridge recently. He told me that he and Bill Samples were the mayors of Pumpkin Ridge. I said "I don't see how, I own property out there and I didn't vote for either one of you."
LEGISLATIVE INTERIM HIGHLIGHTS
From the desks of State Senators
Shirley Love, Democrat
11th Senatorial District, Fayette County
Randy White, Democrat
11th Senatorial District, Webster County
Government Organization Subcommittee A: Lawmakers got their first look at a number of proposed bills intended to revamp decades old zoning laws. Lawmakers are looking at bills seeking changes in planning and zoning, comprehensive plans, boards of appeals and land development ordinances. Through this legislation, lawmakers are attempting to provide counties and cities with those needed tools to cope with growth, tailored to the different regions of the state.
Education Subcommittee A - Higher Education: An issue before the committee concerned Board of Risk and Insurance Management’ (BRIM) coverage of the state’ medical schools. The Board was initially designed as a self insured property and casualty liability fund to cover the liabilities of county commissions, senior citizen centers and municipalities overall. According to the BRIM spokesperson, the medical schools would like to have a go on covering themselves, somewhat like a re-insurance program.
Education Subcommittee B - Public Education: One of the goals of this committee has been to explore options to provide more citizens with access to library facilities because some West Virginia communities do not have public libraries. An option under consideration is to establish collaboration between school libraries and these remote communities.
Equal Pay Commission: Although this commission has made many positive strides toward pay equity in West Virginia, work remains to be done. In light of this, a spokeswoman from the West Virginia Advisory Committee addressed the committee regarding a study of the status of women in the state. This report, which was completed last year, generated statistics outlining how West Virginia’ female population compares among all states and Washington D.C. In composite political participation, West Virginia women ranked 46th in the nation; in composite social and economic autonomy, they ranked 48th; and, in composite health and well being, West Virginia women also ranked 48th.
Forest Management Review Commission – Ginseng: American ginseng, an herb that is native to West Virginia’ forests, can be intentionally grown throughout the state for considerable profit. Wild ginseng from West Virginia, according to representatives from the West Virginia Ginseng Growers Association (WVGGA), has commanded high prices throughout the global market as the industry continues to grow and prosper. Representatives from the WVGGA addressed the Forest Management Review Commission during the November Interims to discuss the ginseng industry and to offer recommendations, which would aid the success of this unique field of agriculture, for the Legislature to review. With nearly 500 pounds of ginseng seed planted during the past few years, an average of 30,000 pounds of dry root can be expected to be harvested, producing over $5 million in sales.
Finance Subcommittee A: Finance Subcommittee A met to discuss the findings and recommendations from the Pacific Health Policy Group regarding the merger of the Public Employees Insurance Agency (PEIA) and Medicaid and the merger’ potential cost savings. Currently, there are 212,000 individuals insured under PEIA and 345,000 under Medicaid, making these the two largest insurance providers in the state.
Finance Subcommittee B: Finance Subcommittee B met to review property tax issues across the state. Members heard further presentations on the conversion of private lands to public property and the resulting effects on property taxes.
Government Organization Subcommittee C: The committee briefly met to discuss the feasibility of establishing a statewide trail coordinator. The speaker stated that a coordinator would be able to oversee the network of trails around the state for a better understanding of what is available to the state and where money would be better spent.
Joint Standing Committee on Finance: Members of the committee heard an update from a representative of the state Information Services and Communications office (IS&C) regarding a situation that arose when three major long-distance providers reported the state owed them over $10 million. Improvements in invoicing and auditing helped IS&C determine that AT&T had overcharged the state $1.3 million in FY 2002 because the company had failed to charge the state at contracted rates.
Joint Standing Committee on the Judiciary: The committee discussed and passed out of committee to the full Legislature two separate bills related to All-Terrain Vehicle (ATV) safety. The first bill would require helmets for riders and passengers under 18. It would only allow a young rider to carry a passenger on an ATV designed for passengers. The bill would ban night riding without adult supervision. It would also include safety training and certification requirements to limit child riders to machines of proportional size.
Continued on the next page
LEGISLATIVE
INTERIM HIGHLIGHTS
Continued from page 5
Select Committee C - Turnpike/Wireless Phone & 911 Services: The committee met this month to discuss safety factors and the Wireless 911 capabilities covering the West Virginia Turnpike. A representative from the Parkways, Economic Development and Tourism Authority spoke on the possibility of providing funding for the construction of the cellular towers along the West Virginia Turnpike.
Safety issues along the Turnpike also were briefly discussed. When going southbound on the Turnpike, there is only one place to stop if a traveler needs to rest or make a phone call. When accidents occur on the Turnpike, the state uses overhead displays to notify travelers of any possible delays. Once the traveler is in between the two toll booths from Charleston to Beckley, there is little or no way to notify travelers of delays. It was stated that there is a need to make the Turnpike more consumer- friendly for those traveling. A further look at where sign placement and overhead sign boards could be needed, will take place during the future meeting.
Joint Stand Committee on Pensions & Retirement: During the interim session, lawmakers heard a report from representatives of Gabriel, Roeder, Smith and Company (GRS), a comprehensive actuarial and benefit consulting services company, regarding police and fire pension plans in West Virginia’ largest cities. The representatives stated that those pension plans account for the majority of the $511 million shortfall in promised benefits owed collectively by these local plans. Huntington’ police pension fund has about 2 percent of the funding it needs. The plans for both Charleston’ police and fire departments, meanwhile, are about 18 percent funded. These plans will fall short of promised benefits over the long term by $511 million. The actuaries traced part of the problem to an alternative funding method relied upon by three-fourths of the plans, particularly those in the state’ largest municipalities.
For legislative assistance, write either
Senator Shirley Love, Room 203, or Senator Randy White, Room 204, at the Capitol Complex, Charleston, WV 25305.
CCB 1, TAXPAYERS 0
It’ been a lengthy battle but a local bank has finally been given the court’ permission to sell $90,000 worth of taxpayer paid for property. This lead story should provide insight into how one out-of-town’ made a mockery of local elected and appointed officials, received preferential treatment by one time Clay County Bank president J.D. Morris and how one local attorney sat on all sides of the table. Take off your shoes and get a cup of coffee, here comes the final installment of an economic development tale gone sour.
Briefly, former county commissioner Tim Butcher told the world a filter manufacturing company was coming to Clayberry with promises of 300 jobs. That was nearly four years ago. Clayberry responded by rolling out the red carpet; luncheons were held, CAEZ provided $140,000 in low interest loans to help move Filcon, Inc. into the county. The Clay County Business Development Authority (BDA) cut a deal for Filcon owner Manfred Kuentzer. If Kuentzer would provide 10 full time jobs in the county, the BDA would give Filcon $90,000 in land near Valley Fork to build his building. The county purchased the land from the Sizemore family and the King family with local coal severance dollars.
To protect the interest of the taxpayer, the BDA signed an agreement that stipulated: if Filcon fails to live up to the terms, the land would revert back to the BDA. AND, Filcon was not to put any liens on the property without prior BDA OK. Being a slickster, Kuentzer negotiated to get a deed for the Ovapa holdings. The BDA obliged. On the day of the deed signing, Manfred also signed a lien for $255,000, a first mortgage on the note.
Kuentzer absconded from the county with money in his pocket in early 2001, and the hopes and dreams of many in this county went with him. Since then the Clay County Bank tried to foreclose on the land. The sale was cancelled as a lawsuit between the BDA and bank picked up steam. The trial was to be heard June 13, 2002 but didn’ happen. On that morning, attorney Kevin Duffy’ office (located above Wayne King’ office space on Main Street) burned to the ground. On the 13th, Duffy stood before the Court and said the only thing he had left in his possession was the stuff he had taken home a night previous in the back of his car.
18 months later and after much court ordered mediation, on December 2, 2003 at 9 am, the BDA/County Commission vs. the Clay County Bank trial was ready to begin. This is the story of what we saw during two days of testimony and bickering.
Up front on the left was bank attorney Kevin Duffy with former bank president Greg Gency. To the right, BDA attorney Barbara Schamberger and BDA Chair Paige Willis. On the far end of the table, coming in late, was Clay County Prosecutor Daniel Grindo representing the County Commission. Both sides had mounds of paperwork. The peanut gallery was packed. For almost a half hour back room negotiating was under way. Out front sat Willis. From the peanut gallery, “s there a deal being made?” Tim Butcher was seen leaving from the back exit. Commissioner Jimmy Sams headed for the back. When asked, Circuit Clerk Mike Asbury responded, “hey’e all back there. I don’ know what they’e doing.”Duffy took Don Moore to the broom closet beside the court room for discussions.
Judge Facemire explained to all that issues needed to be addressed with the lawyers that will save us 3 or 4 hours in the long run. Facemire, “ welcome you to your court room.”Here’ a zinger. During the jury selection process, attorney Duffy asked if any of them had heard of the Filcon Case. Not one of them raised their hands! Not a one, even after years of media attention which included a 5 day front page expose in the Charleston Gazette last spring. Not One Of Them!
Of course it’ the off the record stuff that makes court room reporting fun. Like, during one of the breaks, as BDA Boardster Arthur Jarrett was talking to in-attendance Magistrate Jeff Boggs. Jarrett, “re you a lawyer?”Boggs, “Better than that *** up there!”Referring to Grindo? During the juror “triking”process, as things got confusing, Bailiff Gene King, “ don’ know what’ going on!”Light laughter in the back and grins up front. Further background has to include the strife between attorney Barbara Schamberger and Prosecutor Grindo. Schamberger has a lawsuit against the CCC and Grindo over the appointment of Grindo to the prosecutor’ position by the CCC one year ago this week.
After Facemire explained to the jury what they were and weren’ to do, opening remarks came from the plaintiff’ side and Schamb. They included: this isn’ easy to explain; this is much like telling kids not to do something and then they go ahead and do it; the BDA still owns the Ovapa property; and Filcon violated the terms of the land use agreement; that before Filcon could get a lien placed on the taxpayer’ land, the BDA had to agree to the deal; the BDA NEVER gave permission for the bank to place a deed of trust on the BDA land, Never!; the bank put a lien on it without permission; the bank decided to sell the property; and, “t’ the property of the people of Clay County and the people were not asked!”
In a much quicker opening, Grindo held up the BDA agreement with Filcon and said “t comes down to— it’ in there!”just like in the Ragu TV commercials; and the bank made a mistake when they secured the deed of trust without BDA OK.
Within a nano second of Grindo finishing, Duffy, “’ not as good with words,… THIS IS HOGWASH!!!… This is a simple case… The BDA has EGG on it’ face!!!!!! Filcon flim-flamed everybody!!”Duffy’ opening included: This Filcon loan was just like any other Clay County Bank (CCB) loan and “he BDA KNEW Manfred borrowed the money.. The Chair signed the deed to Filcon… When Manfred Kuentzer secured the debt at the CCB, PAIGE WILLIS STOOD RIGHT THERE.”Duffy asked that the jury use common sense and added that the bank’ attorney at the time was Wayne King, the BDA asked Wayne King to prepare the BDA agreement with Kuentzer, the BDA attached the amended agreement to the deed, and that amended agreement allowed for the CCB to put a lien on the Filcon property and the BDA knew about the deed of trust (the lien) all along.
Pretty good opening by all. Business Development Authority (BDA) Chair Paige Willis dressed in his finest Sunday go to meeting clothes took the stand as all other potential witnesses were told to skedaddle. Under questioning by Schamberger, Willis did the usual … he came here in 1971...the BDA was set up to grow the county and provide jobs...and then, the good stuff!
Willis said he was at the bank along with J.D. Morris, Steve Zarichi, Wayne King, and Manfred Kuentzer when the deed was signed over to Filcon, but he saw NO other documents that morning being signed. Willis provided some background: He and Norman Wilson went to Roane County to pick up a sample agreement to serve as an outline for the BDA’ deal with Filcon; Wayne King wrote the agreement based on the Roane County example; J.D. Morris agreed to King preparing the BDA’ agreement; the BDA paid no money to King for his services; and, in the agreement Filcon was not allowed to even make improvements without BDA OK.
Willis read from the group’ bylaws and then from one section of the agreement which seemed to jive with Willis’interpretation, “he parties cannot cause a lien”without prior BDA OK. Willis gave a brief history of the mess: Commissioner Butcher was first to support the Filcon misadventure and the BDA paid expenses for CAEZ Director Jerry Sizemore to go to Kuentzer’ home operation in upper New York and to assess the viability of the operation. Sizemore returned with a favorable response for what he saw. Willis went on with: the BDA purchased the property from Velt and Marie King (Wayne King’ parents) and a Ms Sizemore; and Wayne King did the deed for the purchase. Without fail, Willis was adamant, when he was at the bank for the deed signing, (the BDA agreement was attached to the deed), he knew nothing of the bank’ plans to put a lien on the land with a CCB deed of trust. Adamant. The jury listened intently.
Duffy began his cross examination loudly, “ou sat there QUIETLY????”Willis, “o... but I didn’ object to the Clay Bank loaning money!”Duffy provided a blow up page from the BDA’ meeting agenda dated March 1, 2001 where the BDA voted on the Filcon agreement. The brash Duffy was pitted nose to nose with equally unbending Willis. Neither budged. During the exchanges it came out: (then) Prosecutor Jeff Davis reviewed Wayne King’ work and the BDA agreed to modify the agreement. Duffy zeroed in on one clause of the BDA agreement , a section C which gave Filcon “he right to finance improvements” That section C part is very important readers. Back and forth they went. Between clause C giving Filcon the right to indebtedness and paragraph F which stated the BDA would get the property back from Filcon if Filcon failed to live up to the agreement, neither side would budge. Duffy employed visual aids like the chalk board and poster boards to enhance the bank’ position. Willis remained on the stand for much of the afternoon.
And now for some side notes. During the trial Shamberger and Duffy exchanged little “arbs” little digs, little smacks. You could almost see the lather foaming over. During many of the up-front, away from the jury whispering sessions, it looked like Judge Facemire was more of a “arent.”Facemire with two little kids at war over a ball or other toy. During the just before noon up front encounter, with all parties up there whispering, at one point Facemire could be seen grinning as the lawyers bickered.
Duffy tried to wear Willis down and get something into record That something was: Willis knew the bank was also getting signed a deed of trust against the BDA’ interest at the Ovapa site. Willis wouldn’ budge, “ didn’ set there like a door mat!!”Duffy, “ou KNEW Filcon was borrowing!!”Willis, “ wasn’ aware of that!”Willis explained that he had permission to sign the deed over to Filcon and nothing else.
Again the sides were up front and this time, very close to lunch, Facemire wasn’ grinning. The whispering got louder. Just before chow break, Duffy had Willis read again the section giving Filcon the right to enter into any loan to improve the property. The jury seemed to be listening.
Right after lunch, and out of order, Clay County Bank board member Don Moore testified he knew nothing of the BDA agreement and had he known, he would not have been in favor of the bank’ deed of trust. Moore left.
Duffy wasn’ done with Willis. Back up front Willis went for more of the same questions. You have authority to represent the BDA? Yes. You made no statements in favor of the bank loan the day of the signing? No Sir! During the deed signing you didn’ protest?
No. At one point Willis got into the many bogus bills submitted by Kuentzer to receive questionable payments from the bank. All ‘’broke loose with Duffy objecting to about every word spoken by Schamberger during the cross. Duffy was working hard to keep the background info away from the jury’ ears. The cat and dog fight was on again!
In between the objections, the world found out, $147,000 of the $255,000.00 CCB loan did not go to improving the BDA property, many of the invoices submitted by Kuentzer for payment were forgeries forged by Kuentzer, much of the partially built building is NOT paid for, and some of the grant money ($50,000) was also misspent by Kuentzer.
At one point during the lawyerly bickering, Judge Facemire, “LEASE don’ run over each other!”Humor popped up again when Willis was asked about Wayne King making the agreement changes right away, Willis, “ayne never does anything right away.”Laugher was heard.
And then Duffy stepped over the line. Duffy challenged Facemire. Duffy asked a question, Facemire said that the answer was already established by the “ench”… that’ the Judge. Facemire to Duffy, “hat’ Not true Mr. Duffy! Approach the bench!” Duffy had stepped on the Judge’ toe and Facemire didn’ like it one bit… the Judge was not grinning... Although they were supposed to be whispering, Duffy was heard saying, “ apologize your honor..”Schamberger appeared to grin a small smirk on her way back to her seat. Duffy had crossed the wrong line.
Finally Willis got off the stand and Wayne King got in the hot seat. King admitted to doing all the documents for all the parties. During the deed signing, witness Wayne King said all were happy to get “he matter rolling” he heard no objections by anyone during the signing, he was the only attorney present during the signing, and from Mr. King, “r. Willis knew it was a lien. Did I personally say that? I don’ know, but everyone knew it was a deed and a lien..”Facemire asked a few of his own questions. King’ response included: the property purchased by the BDA came from an original deed from his wife Sandra; his parents wanted to build a house on the land years ago; his parents sold the land and he prepared the deed; and… according to Wayne King, no title search was done by King although he was the bank’ attorney at the time; King did not know if Kuentzer had permission from his corporate board to enter into the contract; the bank most certainly knew about the BDA agreement on the property before the deed and deed of trust signing, that J.D. Morris asked him (King) to do the BDA agreement!
Wow, what a mouth full. King wrote the BDA agreement, had a position in the land being sold to the BDA, was the bank’ attorney for the deed and deed of trust, and J.D. Morris handled the Filcon loan himself.
BDA members Glady Lanham and King Arthur Jarrett were called to testify. Greg Gency was called. Go freshen the coffee, we’e not done yet readers. That’ the end of trial day one. Go ahead, we’l wait. ….
Day Two started away from the jury with the attorney’ posturing. At one point attorney Duffy all but called Willis a liar, Duffy, “e believe that’ not credible testimony [from Paige]… We don’ like to say that but that’ what we believe.”Facemire corrected Duffy again saying that the BDA is it’ own “ody” it takes a vote of the body to make a decision, and even if Willis knew of the bank loan, that’ still not enough, “hat’ black letter law”Duffy didn’ stop, “. .Our position is the BDA had knowledge of the deed, Willis had an OK because the BDA knew of the other clause.”Back and forth they went with Schamberger getting her two cents worth in. In the end, the Judge had the final word. The BDA did NOT vote on the deed of trust or it’ not in the minutes….. The BDA owns that property.. if the lien [Bank] is valid, they have right to foreclose.”With the jury back in position…. Dressed in suit and tie and under oath, one time interim Clay County Bank president Greg Gency went up front.
Gency testified that he attended Glenville, was a used car salesman…. He started at the bank Sept 1986. During the questioning and cross the jabs kept coming between Schamberger and Duffy, at one point, Duffy, “ am trying to remain civil!”Basically, Mr. G added: no title search was done because the BDA was guaranteeing the property; the bank normally requires a bunch of background information but this time didn’; the bank instead relied on the CAEZ’ favorable report on Filcon as the basis for the loan; and J.D. Morris handled the Filcon loan himself.
During Gency’ answers, it came out that although this was a construction loan, normal bank procedures were not followed. Instead of the normal practice of the client submitting invoices and the bank covering the expenses, Filcon was provided a one time draw down. Duffy went at the objections with vigor. He had to keep his side away from this area. Duffy hammered. Schamberger hammered right back. The fire flew. Even Grindo got into the objection game. At one point, Judge Facemire, “r. Duffy, you’e beating this horse..”
By this time, the jury appeared to be at a loss.
Gency provided more… The bank did no background investigation of Filcon; they relied solely on Jerry Sizemore’ “ositive favorable reports”to Filcon; and, the CCB tried to speed things up and help the county get new jobs. Schamberger tried to get answers on the bank’ most recent questionable loan practices (federal cease and desist order in place) but the Judge stopped that line real quick, “ot relevant.”
Both sides rested before noon Dec 3. The jury heard their instructions followed by 20 minute closing remarks from both sides. During the closing, those two attorneys were at it some more. Objections rang out.
Even with the BDA owning the property, the only issue before the jury: Does the Clay County Bank have the right to exercise their lien, their deed of trust against the taxpayer’ land? Translation: can the bank sell the people’ property? Around 2:30, the jury retired. Their unanimous decision was made public around 5:45 pm. The BDA lost. The Clay County Bank has the right to foreclose and take the land from the people.
Other than some last ditch, last minute appeals or stays, another chapter in the Clayberry story is nearly complete and the people are out tons of loot. Sheriff Fields once said he felt the total amount heisted was well over $500,000. For most of us, we’l just shake our heads and go on. AW
FOLLOW UPS
On October 17th Thomas King Jr. was found guilty of driving a 4 wheeler on a paved road without a driver’ license in the courtroom of Magistrate Mitchell King. As a note, the two Kings are not related as far as we can tell. With his sentence on hold, King appealed the lower court’ decision to the Circuit Court where Judge Facemire tossed the jury decision, citing several screw ups. He ordered the case back to Magistrate Court for a new decision. In the way of an update….Since then, and before being heard before the local Magistrate again, both the State (that’ new Asst. Prosecutor Barry Koerber) and King’ attorney David Karickhoff have asked the WV Supreme Court for a decision: Is an ATV considered a motor vehicle in this state? No response from the Supreme Court as of pres time.
Sounds simple enough. An ATV has a motor so of course it’ a motor vehicle. Wrong. State code has several exceptions to motor vehicle law. For example, a farm tractor can be used on paved roads without the need for a driver’ license. In that same exception is the language for “ff road vehicles” AKA 4 wheelers. We’l keep you posted on this landmark issue.
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| · Last edition, we hung a nickname, a tag, on Commissioner Matthew Bragg. His new name, “e Ain’ Comin (HAC)”Bragg. Matthew called last weekend and asked if we would print a reply. He’ set down and come up with some thoughts “rom the heart”and with the help of Alice Faye Bragg, his mother, put together a statement. That full response from is elsewhere in this edition.
??? DID YOU KNOW ???
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