SENIOR CENTER'S MINNORA PROPERTY PURCHASE QUESTIONED - "It Is A Gray Area"

(11/14/2008)
The sale of the Minnora school property in 2005 by the Calhoun Commission to the Calhoun County Committee on Aging has been questioned by an attorney for Bruce Allen Pipeline, a company that recently purchased the buildings and excess land from the CCCOA for $50,100.

Allen's attorney says the property should have been put out on bid, although the county commission followed a written opinion from former Prosecuting Attorney Matt Minney, saying bidding was not required since the property sale was to another political subdivision.

Allen's attorney contends CCCOA does not meet the legal definition of a political subdivision of state government, an issue that CCCOA Director Mike Richie says has presented itself in the past in other counties in WV.

"It is a gray area and it still causes occasional problems in these kind of situations," said Ritchie, although senior centers operate on taxpayer money, their vehicles use government license plates and operate under other governmental guidelines.

The Commission sold the property to the CCCOA in 2005 for $50,000. The agency wanted a section of land to build a new senior center, which has since been completed.

Ritchie then auctioned off the remaining property to the highest bidder, which included the school building, a gym and other real estate.

County Commissioner Rick Sampson said "We were told the Commission could sell the property without bid to the CCCOA without a public bid because it was a non-profit agency doing public work in and for the community."

"While everyone dealt in good faith, it is another example of the complexity of law," Ritchie said.

After the Minnora school was closed, the property had been used by the Minnora Community Center for several years under a long term lease with the county, but was returned to county ownership after problems surfaced over money and management of the center.

The CCCOA has proposed to settle the issue by having the Calhoun Commission buy-back the property, issue a 99-year lease to the CCCOA for its senior center and then place the school building, gym and adjacent property on the auction block.

During Monday's meeting, the Commission sent the CCCOA's proposal to Prosecuting Attorney Shelly Morris DeMarino for an opinion and direction.