By Stephen Smoot
The issue came up in a letter to the West Virginia Girls Softball League, who had been using Summit Park as a home base for play in recent years.
After installing a donated batting cage at the facility, Lynette Gain, President of the league, heard from the Harrison County Commission.
The letter read “within forty eight (48) hours of receipt of this correspondence, please remove the batting cage . . . in the image below.” It stated that changing the “infrastructure” of the park required a formal meeting and Commission vote. Additionally, the letter requested proof that the League had obtained sufficient liability insurance for use of the facility.
Gain spoke during the public comment period of the last meeting, saying We came here about it was almost three years ago with the agreement that we would get the fields, all three fields, and be able to have a complex out there for just softball. There’s not very many places in this county, if any places in this county, that is just dedicated to softball.”
“It was my bad,” Gain stated upon admitting that she did not realize that adding the cage would require a formal process. ”So today, I’m asking that maybe we can get that voted that we can keep that since we have a tournament this this weekend.”
Kenny Hall, a Lewis County contractor and owner of Central West Virginia Elite, explained that if the “city” provided materials, his construction company would work to build a third field and provide modern concessions. He added that the softball tournaments held could draw many hundreds to the area white also giving local teams the chance to compete in and out of state.
He closed with It’s it’s honestly it’s life changing for these kids. It’s been a blessing for me as a father. I have I have two daughters.There’s nowhere in my county that is strictly softball oriented like this.”
Commissioner David Hinkle led discussion on the agenda item concerning the Park, stating that structures had arisen “without permission.” He then stated that there had been “issues with the leasing of that ballpark since day one. First lease wasn’t followed . . . We revoked that lease, opened new lease.And now we take care of 100 percent.” Hinkle stated that there were “no consequences” for non fulfillment of the lease.
He added that they also closed the park to the public and that “You all entered into an agreement for use, not to be the boss.”
Hinkle then related with frustration that the League had not provided evidence of a liability policy upon request and also that they were not “up to date with the Secretary of State’s Office” with its requirements. He then pointed out that “you use the park’s address for your organization of where your organization exists.”
“I can’t speak for the other two, but it seems we’ve gone off the rails when it comes to what you think that you can do with the park and what’s being allowed to be done at the park. And we’re in a loggerhead as far as I’m concerned on continued use” because, as Hinkle described, the League had breached the most recent agreement it signed.
Hinkle did express appreciation “for what you all do,” and said “I’m okay with giving you a second chance, but it is a county park.”
He went on to propose that the County Commission return Summit Park to its former parent organization and that the League purchase the facility from them, but also stated that action need not be taken that day. Hinkle emphasized again that the facility belonged to the public for public use.
“The public wants to go out and have a softball game on it, it’s going to happen,” Hinkle said, pointing out that Harrison County paid for Park utilities and citing earlier claims about money earned from concessions.
He then stated that “my motion is to turn over Summit Park and West Virginia Girls Softball Association and that our attorneys sign a lease and that we’re not responsible for any of that because that’s the way it’s working.” That would take the form of an “exclusive lease” includes the entire Park in toto, all parts of the facility, but also all of the operational responsibility to maintain it.
Trey Simmerman, County Attorney, brought forth the possibility of covenants agreed to by Harrison County and it was stated that the item may have to be brought back in the next meeting.
Commissioners did pass the motion, however.
