May 2025 Meeting Minutes

NOTICE OF SPECIAL MEETING 153

THE MERCER COUNTY COMMISSION WILL MEET IN SPECIAL SESSION ON THURSDAY, MAY 8, 2025 AT 2:00 P.M. IN THE COUNTY COMMISSION COURTROOM.

THE PURPOSE OF THE MEETING IS TO DISCUSS THE FOLLOWING:

  1. REGIONAL JAIL BILL FOR APRIL 2025
  2. GLENWOOD LAKE DREDGING PROJECT

BILL ARCHER, PRESIDENT
MERCER COUNTY COMMISSION

RE: WEST VIRGINIA:
At a Special Session of the County Commission, held for the County of Mercer, at the Courthouse thereof, on Thursday, May 8, 2025.

Present:
Zoom: Present:
Bill Archer, President
Greg Puckett, Commissioner
Brian Blankenship, Commissioner

RE: REGIONAL JAIL BILL – APRIL 2025
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to take $43,803 from the Lipitor funds to pay the remainder of the jail bill for April 2025.

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RE: GLENWOOD LAKE DREDGING PROJECT
NRCS wants to map a strategy. Wants to start on Site 15 Dan Hale Reservoir.
Site 14- Plan to dredge Glenwood Lake while water is still in it.
Could approach some local foundations for funding.
Meeting with NRCS next Thursday.

It is ordered that this Commission be and is hereby adjourned until May 13, 2025.

Bill Archer
President

MERCER COUNTY COMMISSION MEETING-TUESDAY, MAY 13, 2025-10:00 A.M.

AGENDA:

  • OPEN WITH PRAYER
  • PLEDGE OF ALLEGIANCE
  • MINUTES OF PREVIOUS MEETING
  • APPOINTMENTS/REAPPOINTMENTS
  • OATHS OF OFFICE

Mercer County Public Defender Board
Appointment & Oath of Office
Ansel Ponder, Board Member

Mercer County Prosecutor’s Office
Employment & Oath of Office
Rupurto Dumapit, Assistant Prosecutor

Mercer County Assessor’s Office
Employment & Oath of Office
Teresa M. Meadows, Deputy Clerk

Mercer County Litter Control Program
Appointment of Lori Mills as Supervisor
Greg Puckett, Commissioner

Mercer County Animal Shelter
Employment & Oath of Office
Michelle Brooks, PT Kennel Tech

Glenwood Recreation Park
Employment & Oath of Office
Seasonal Part-Time Employees
Ariel Haynes, Dalton Sizemore
Brody Sheppard, Luke Nunn

CONTRACTS/AGREEMENTS/RESOLUTIONS:

Mercer County Development Authority
To consider and act upon a Proposed Order approving and creating a New Economic Opportunity Development District in Mercer County, West Virginia to be known as “The Ridges Economic Opportunities Development District” and providing for other matters in connection therewith.
Carrie Cecil, Attorney at Law

Resolution Recognizing Gary Johnson
For His Efforts in Keeping Mercer Clean
Greg Puckett, Commissioner

Mercer County Public Service District
Intergovernmental Agreement for McComas Water Project
Ben Haring, Project Manager

General County Budget Revision #3
Verlin Moye, County Clerk

Mercer County CVB Grant Application
Brian Blankenship, Commissioner

Increase Expense Approval Limit for County Administrator
Greg Puckett, Commissioner

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ESTATES:
Betsy Ann Holmes
Jerry Jennings
Alice Faye Lusk
Ronald Richard Williams

FUNDING REQUESTS:
Mercer County Sheriff’s Department
Request to Add New Position for Lawyer to Administer Estates
Alan Christian, Sheriff

Friends of Pinnacle Rock, Inc.
Annual Fishing Rodeo-June 7, 2025
Skip Crane, Chairman

Glenwood Recreation Park
Wallace Wiring Proposal
Electrical Upgrades Shelter 5 & 6

Lashmeet Public Service District
Nubbins Ridge Water Project
Mickey Hurst, Chairman
Stacy Fowler, Project Engineer

DISCUSSION:
Mercer County Opioid Task Force
Greg Puckett, Commissioner

Mercer County War Museum
George Williams, New Director

Glenwood Recreation Park
Picnic in the Park – June 22, 2025
Greg Puckett, Commissioner

Brush Creek Sites 14 & 15
Rehabilitation Projects
Bill Archer, President

PUBLIC COMMENTS:

COMMISSION TO APPROVE THE FOLLOWING:

  1. Invoices
  2. Settlements
  3. Exonerations
  4. List of Approved Estates for April 2025

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RE: WEST VIRGINIA:
At a Regular Session of the County Commission, held for the County of Mercer, at the Courthouse thereof, on Tuesday May 13, 2025.

Present:
Bill Archer, President
Greg Puckett, Commissioner
Brian Blankenship, Commissioner

RE: APPOINTMENT & OATH OF OFFICE – ANSEL PONDER – MERCER COUNTY PUBLIC DEFENDER BOARD
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the Appointment and Oath of Office of Ansel Ponder to serve as a Board Member for the Mercer County Public Defender Board.

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RE: EMPLOYMENT & OATH OF OFFICE – RUPERTO DUMAPIT MERCER COUNTY PROSECUTOR’S OFFICE
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Employment and Oath of Office of Ruperto Dumapit to serve as Assistant Prosecutor for the Mercer County Prosecutor’s Office.

RE: EMPLOYMENT & OATH OF OFFICE – TERESA M. MEADOWS – MERCER COUNTY ASSESSOR’S OFFICE
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Employment and Oath of Office of Teresa M. Meadows to serve as Deputy Clerk for the Mercer County Assessor’s Office.

RE: APPOINTMENT – LORI MILLS – MERCER COUNTY LITTER CONTROL
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Employment and Oath of Office of Lori Mills to serve as Mercer County Litter Control Supervisor. No Oath needed.

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RE: EMPLOYMENT & OATH OF OFFICE – BRODY SHEPPARD – GLENWOOD RECREATION PARK
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Employment and Oath of Office of Brody Sheppard to serve as a Part-Time Seasonal Employee for Glenwood Recreation Park.

RE: EMPLOYMENT & OATH OF OFFICE – MICHELLE BROOKS – MERCER COUNTY ANIMAL SHELTER
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the Employment and Oath of Office of Michelle Brooks to serve as Part-Time Kennel Technician for the Mercer County Animal Shelter.

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RE: MERCER COUNTY DEVELOPMENT AUTHORITY – “THE RIDGES”
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Order to create a New Economic Opportunity Development District in Mercer County, West Virginia to be known as “The Ridges Economic Opportunities Development District” and providing for other matters in connection therewith. Carrie Cecil, Attorney at Law.

THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA
TUESDAY, MAY 13, 2025 REGULAR MEETING

1. AGENDA ITEM
To consider and act upon a proposed Order approving and creating a new economic opportunity development district in Mercer County, West Virginia to be known as “The Ridges Economic Opportunity Development District” and providing for other matters in connection therewith.

COUNTY COMMISSION ORDER
Order Establishing EODD

WHEREAS, The County Commission of Mercer County, West Virginia (the “County Commission”) is authorized by the County Economic Opportunity Development District Act, Chapter 7, Article 22 of the Code of West Virginia, 1931, as amended (the “Act”) to create an Economic Opportunity Development District, to approve Economic Opportunity Development District projects, to issue bonds or notes to finance development expenditures and other costs permitted by the Act and to take other actions to stimulate economic growth and job creation in Mercer County, West Virginia (the “County”), which will serve a public purpose and promote the health, safety, prosperity, security and general welfare of the citizens of the County and of all citizens in the State of West Virginia (the “State”) all as more fully set forth in the Act;

WHEREAS, the County Commission received from the Development Authority of Mercer County (the “Developer”) a proposal for the creation of an economic opportunity development district in the County under the Act, to be known and designated as the “The Ridges Economic Opportunity Development District” (the “Original Development District”), comprised of approximately 390 acres of real property located approximately 0.7 miles from the 1-77 and U.S. Route 460 interchange (Exit 9) and generally between Pisgah and Halls Ridge Roads, as generally described in the Economic Opportunity Development District Application for the proposed creation of the Original Development District, dated June 13, 2023 (the “Original Application”);

WHEREAS, the County Commission did, on July 26, 2023, following proper notice thereof, hold a public hearing, in accordance with §7-22-6 of the Act, with respect to the proposed creation of the Original Development District, wherein all owners of real property situate in the proposed Original Development District and all residents of the County were afforded a reasonable opportunity to express their views on the proposed creation of the Original Development District;

WHEREAS, the County Commission, on July 26, 2023, adopted a Resolution and Order approving the Original Application and the submission of the Original Application to the West Virginia Department of Economic Development (“WVDED”) and the West Virginia Legislature (the “Legislature”) for consideration of approval and finding that the creation of the Original Development District will promote the establishment and vitality of significant business opportunities within the Original Development District and the County and serve as an effective means for developing or restoring and promoting retail and other business activity within the Original Development District and the County, which will stimulate economic growth and job creation in the Original Development District and the County, thereby serving a public purpose and promoting the health, safety, prosperity and general welfare of all citizens in the County and State all as more fully set forth in the Act;

WHEREAS, the County Commission submitted the Original Application to the WVDED for consideration of approval and for subsequent consideration of approval by the Legislature for the County Commission to impose a special district excise tax within the Development District;

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WHEREAS, the WVDED approved the creation and establishment of the Original Development District pursuant to a letter to the County Commission dated as of January 5, 2024, which letter is attached hereto and made a part hereof as Exhibit A;

WHEREAS, Senate Bill 461 (“Senate Bill 461”), which was passed by the State Legislature during the 224 Regular Session, became effective on June 7, 2024 and authorized adding 30 acres to the Original Development District, subject to holding a public hearing and obtaining the approval for the increased acreage from the WVDED, therein authorizing the County Commission to levy a special district excise tax for the benefit of the Development District (as hereinafter defined);

WHEREAS, pursuant to the conditions of Senate Bill 461, the Developer formally requested that the County Commission consider adding certain parcels to the Original Development District (the “Addition” and together with the Original Development District, the “Development District”), as identified in the Economic Opportunity Development District First Supplemental Application dated August 13, 2024 (the “Supplemental Application,” and together with the Original Application, the “Application”);

WHEREAS, the boundaries of the Development District are described in the map and listings of tax parcels attached hereto as Exhibit B and incorporated by reference herein;

WHEREAS, in connection with the proposed Addition, the Developer submitted the Supplemental Application to the WVDED for review and approval, all in accordance with the applicable provisions of the Act;

WHEREAS, the WVDED approved the Addition pursuant to a letter to the County Commission dated as of March 21, 2025, which letter is attached hereto and made a part hereof as Exhibit C;

WHEREAS, the purpose of the Development District is to facilitate the construction and financing of Development Expenditures within the Development District which are permitted pursuant to Section 5 and other provisions of the Act (the “Development Expenditures”) some of which are generally described in the Application, pursuant to development arrangements which may be entered into with the Developer, or its permitted successors, assigns and sub-developers, which Development Expenditures may be acquired and constructed in several phases;

WHEREAS, the proposed Development Expenditures are anticipated to include, but shall not be limited to, the following: the design, permitting, acquisition, construction, renovation, and equipping of site, infrastructure, and other capital improvements that will facilitate development within, or for the benefit of, the Development District, including, without limitation, site acquisition, remediation, site preparation, cut and fill, site infrastructure, earthwork, new roads and improvement and relocation of existing roads, including without limitation, intersection improvements, curbing, bridges, traffic control, and lighting, and other related infrastructure, water lines, water works facilities, sanitary sewer lines, sewerage facilities, stormwater facilities, wetlands mitigation, electric, natural gas, telecommunications, cable, fiber optics, and other utility improvements and utility relocations, demolition, community facilities, streetscaping, including but not limited to intersection improvements, sidewalks, curbing and guttering, street lighting and traffic signals, other improvements to infrastructure, and the costs of planning, acquiring, constructing and equipping certain athletic facilities, including without limitation, outdoor recreation facilities, fields, parks, and/or stadiums, and all necessary appurtenances and amenities within or benefitting the proposed Development District and other expenditures permitted under the Act;

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WHEREAS, to finance the costs of the Development Expenditures or any portion thereof, the County Commission proposes to issue its bonds or notes, pursuant to Section 16 and other relevant provisions of the Act (the “Financing Obligations”) in an amount not to exceed $120,000,000, with maturities not to exceed 30 years from the date of the creation of the Development District. Such obligations may be issued from time to time in one or more series. Proceeds of the Financing Obligations are generally planned to be used to (i) finance all or a portion of the costs of the Development Expenditures, including without limitation, architectural, engineering, legal and other professional fees and expenses; (ii) fund reserves for the obligations; (iii) fund capitalized interest on the obligations; and (iv) pay costs of issuance of the obligations and related costs;

WHEREAS, the Financing Obligations will be payable from and secured by a special district excise tax which the County Commission has been authorized to impose by the West Virginia Legislature pursuant to Section 9 of the Act and other funds which may be deposited to the credit of the Economic Opportunity Development District Fund subaccount created for the Development District and maintained by the State Treasurer pursuant to Section 8 of the Act. The costs of the Development Expenditures and related costs may also be paid directly from special district excise tax and other funds deposited to the credit of the above-referenced district fund as provided in Section 13 of the Act; and

WHEREAS, as part of the establishment of the Development District, having fulfilled all conditions under the Approval Action, the County Commission intends to designate itself to act as the District Board to oversee the operations of the Development District, as set forth in W. Va. Code §7-22-10(a)(4) and W. Va. Code §7-22-11.

NOW, THEREFORE, BE IT ORDERED BY THE COUNTY COMMISSION OF MERCER COUNTY, AS FOLLOWS:

  1. There is hereby created an Economic Opportunity Development District in Mercer County, West Virginia, under and pursuant to the Act, which shall be named “The Ridges Economic Opportunity Development District.”
  2. The Development District shall be comprised of approximately 420 acres of real property located within the boundaries depicted in the map attached hereto and made a part hereof as Exhibit B and is comprised of the tax parcels described in Exhibit B.
  3. The County Commission is and shall be authorized, with respect to the Development District, to undertake all Development Expenditures which are authorized and permitted pursuant to Section 5 of the Act. The County Commission authorizes the design, acquisition, construction and equipping of capital improvements within the Development District, which shall constitute Development Expenditures as contemplated by the Act and as described herein, and which capital improvements were described in the Application as approved by the WVDED. Such capital improvements are anticipated to include, but shall not be limited to, the following: the design, permitting, acquisition, construction, renovation, and equipping of site, infrastructure, and other capital improvements that will facilitate development within, or for the benefit of, the Development District, including, without limitation, site acquisition, remediation, site preparation, cut and fill, site infrastructure, earthwork, new roads and improvement and relocation of existing roads, including without limitation, intersection improvements, curbing, bridges, traffic control, and lighting, and other related infrastructure, water lines, water works facilities, sanitary sewer lines, sewerage facilities, stormwater facilities, wetlands mitigation, electric, natural gas, telecommunications, cable, fiber optics, and other utility improvements and utility relocations, demolition, community facilities, streetscaping, including but not limited to intersection improvements, sidewalks, curbing and guttering, street lighting and traffic signals, other improvements to infrastructure, and the costs of planning, acquiring, constructing and equipping certain athletic facilities, including without limitation, outdoor recreation facilities, fields, parks, and/or stadiums, and all necessary appurtenances and amenities within or benefitting the proposed Development District and other expenditures permitted under the Act.

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  1. The cost estimate of the proposed capital improvements to be made in the Development District totals $51,085,000 and consists of (1) public infrastructure improvements including roadway improvements, new roads, public utilities (water, storm water and sanitary sewer) and (2) athletic facilities (which may also be used for other purposes). The estimated cost of such capital improvements, as further broken down in the Original Application, is to be financed by both Financing Obligations and property tax increment financing obligations issued with respect to “The County Commission of Mercer County Development District No. 1” and/or on a pay as you go basis from special district excise taxes and property tax increment revenues.
  2. Pursuant to Section 12 of the Act, there is hereby levied and imposed a special district excise tax, for the benefit of the Development District, on the privilege of selling tangible personal property and rendering select services in the Development District, all in accordance with said Section 12 of the Act. The special district excise tax is hereby imposed upon sales by businesses for the privilege of operating within the Development District and is passed on to, and to be paid by, the consumer.
  3. The base of the special district excise tax imposed pursuant to Section 5 hereof, shall be identical to the base of the consumer’s sales and service tax imposed pursuant to Article 15, Chapter 11 of the Code on sales made and services rendered within the boundaries of the Development District. Sales of gasoline and special fuel are not subject to special district excise tax. Pursuant to the Act, except for the exemption provided in W. Va. Code § 11-15-9f, all exemptions and exceptions from the consumers sales and service tax also apply to the special district excise tax.
  4. Pursuant to the Act, the rate or rates of the special district excise tax levied pursuant to Section 5 hereof shall be identical to the rate or rates of the consumer sales and service tax imposed pursuant to W. Va. Code §§ 11-15-1 et seq. on sales made and services rendered within the boundaries of the Development District.

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  1. The special district excise tax shall be effective on July 1, 2025, being the first day of the calendar month that begins sixty days after the date of adoption of this Order.
  2. Pursuant to the Act, the Tax Commissioner is authorized to administer, assess, collect and enforce the special district excise tax herein imposed in the same manner as the consumer sales and service tax is administered, assessed, collected and enforced pursuant to W.Va. Code § 11-15-3.
  3. The Tax Commissioner shall deposit the net amount of special district excise tax collected pursuant hereto in the “The Ridges Economic Opportunity Development District Fund Subaccount” established pursuant to Section 8(b) of the Act, said subaccount being a separate and segregated subaccount within that certain special revenue account in the state treasury designated the “Economic Opportunity Development District Fund” created pursuant to Section 8 of the Act.
  4. All moneys on deposit in The Ridges Economic Opportunity Development District Fund Subaccount shall only be used to pay for development expenditures as provided herein and, in the Act, including paying debt service on bonds issued to provide funds to make such development expenditures, except as specifically provided in Subsection 12(f) of the Act.
  5. The County Commission hereby designates itself to serve and act as the District Board for the Development District as contemplated by Section 11(a) of the Act to oversee and administer the operations of the Development District.
  6. The County Commission shall utilize its existing rules of procedure with respect to its activities in acting as the District Board until such time as it may decide to adopt separate Bylaws and Rules of Procedure for its activities in acting as the District Board.
  7. The County Commission acting as the District Board shall have all powers provided for and set forth in Section 10(a)(4) of the Act, including but not limited to, the following powers:
    (A) To make and adopt all necessary bylaws and rules for its organization and operations not inconsistent with any applicable laws;
    (B) To elect its own officers, to appoint committees and to employ and to fix compensation for personnel necessary for its operations;
    (C) To enter into contracts with any person, agency, government entity, agency or instrumentality, firm, partnership, limited partnership, limited liability company or corporation, including both public and private corporations, and for-profit and not-for-profit organizations and generally to do any and all things necessary or convenient for the purpose of promoting, developing and advancing the purposes described in Section 2 of the Act;
    (D) To amend or supplement any contracts or leases or to enter into new, additional or further contracts or leases upon the terms and conditions for consideration and for any term of duration, with or without option of renewal, as agreed upon by the district board and any person, agency, government entity, agency or instrumentality, firm, partnership, limited partnership, limited liability company or corporation;
    (E) To, unless otherwise provided in, and subject to the provisions of any contracts or leases to operate, repair, manage and maintain buildings and structures and provide adequate insurance of all types and in connection with the primary use thereof and incidental thereto to provide services, such as retail stores and restaurants, and to effectuate incidental purposes, grant leases, permits, concessions or other authorizations to any person or persons upon the terms and conditions for consideration and for the term of duration as agreed upon by the County Commission and any person, agency, governmental department, firm or corporation;
    (F) To delegate any authority given to it by law to any of its officers, committees, agents or employees;
    (G) To apply for, receive and use grants-in-aid, donations and contributions from any source or sources and to accept and use bequests, devises, gifts and donations from any person, film or corporation;
    (H) To acquire real property by gift, purchase or construction or in any other lawful manner and hold title thereto in its own name and to sell, lease or otherwise dispose of all or part of any real property which it may own, either by contract or at public auction, upon the approval by the District Board;
    (I) To purchase or otherwise acquire, own, hold, sell, lease and dispose of all or part of any personal property which it may own, either by contract or at public auction;
    (J) Pursuant to a determination by the District Board that there exists a continuing need for redevelopment expenditures and that moneys or funds of the Development District are necessary therefor, to borrow money and execute and deliver the Development District’s negotiable notes and other evidences of indebtedness therefor, on the terms as the Development District shall determine, and give security therefor as is requisite, including, without limitation, a pledge of the Development District’s rights in its subaccount of the Development District fund;
    (K) To acquire an interest in any entity or entities that own any real property situate in the Development District, to contribute capital to any entity or entities and to exercise the rights of an owner with respect thereto; and
    (L) To expend its funds in the execution of the powers and authority given in this section and to pay the costs of Development Expenditures and other costs incurred pursuant to the Act, which expenditures, by the means authorized in this section, are hereby determined and declared as a matter of legislative finding to be for a public purpose and use, in the public interest and for the general welfare of the people of the State, to alleviate and prevent economic deterioration and to relieve the existing critical condition of unemployment existing within the State.
  8. The general intention of the County Commission is to develop and increase services and to make capital improvements within the Development District.
  9. A certified copy of this Order shall be mailed to the State Auditor, the State Treasurer and the Tax Commissioner, as required by Section 10(c) of the Act.

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Adopted and entered of record this May 13, 2025.

THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA

By:
Its President

CERTIFICATION
The undersigned, being the duly qualified, elected and acting Clerk of The County Commission of Mercer County, West Virginia (the “County Commission”) does hereby certify that the foregoing Order was duly adopted by the Members of the County Commission at a regular meeting duly held, pursuant to proper notice thereof, on May 13, 2025, a quorum being present and acting throughout, and which Order has not been modified, amended or revoked and is a true, correct and complete copy thereof as of this May 13, 2025.

By:
County Clerk

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RE: INTERGOVERNMENTAL AGREEMENT – MERCER COUNTY PUBLIC SERVICE DISTRICT MCCOMAS WATER PROJECT
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the Intergovernmental Agreement for McComas Water Project, Ben Haring, Project Manager.

INTERGOVERNMENTAL AGREEMENT
This Agreement is made as of this day of 2025, by and between the MERCER COUNTY PUBLIC SERVICE DISTRICT, a public service district (hereinafter “PSD”), and the COUNTY COMMISSION OF MERCER, WEST VIRGINIA, a municipal corporation (hereinafter “COMMISSION “).

WITNESSETH:
WHEREAS, PSD and COMMISSION desire to work in conjunction with each other for the purpose of preparing a Preliminary Engineering Report (PER) and constrict a water distribution system in the area of McComas, Mercer County, West Virginia, so that PSD may provide potable water to the residents of that community and in part replade the Pinnacle Water System (hereinafter the “Project”); and
WHEREAS, the COMMISSION has received a WV CDBHG Grant in the amount of $1,600,000.00 to partially fund the Project; and
WHEREAS, the PSD has selected the engineering firm E. L. Robinson Engineering, to design and oversee construction of the Project; and
WHEREAS, Region 1 Planning and Development Council (“Region 1”) has been selected to administer the Project as its administration services may be required; and
WHEREAS, it is the intent of the PSD and COMMISSION, in entering into this Agreement, to confirm the rights, responsibilities, and duties of the various parties under this Agreement.

NOW, THEREFORE, for and in consideration of the premises, which are hereby made an integral part of this Agreement and which are not to be construed as mere recitals, Page 1 of 4

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the covenants and agreements contained herein, and other good and valuable considerations, the receipt and sufficiency of all of which are hereby acknowledged, the PSD and COMMISSION agree:

  1. The PSD will cause the Project to be performed under the terms and conditions of the Project contracts and documents; the PSD will receive all requests for payment, shall approve those requests and forward them to Region 1 for processing and subsequent payment from funding sources. Legal title to ownership of all real and personal property, including, but not limited to, easements, acquired by virtue of the execution of or performance under this agreement shall be vested in the PSD.
  2. Region 1 shall function as administrator over the payments for the Project, and shall have full control over the policy related thereto. Region 1 shall receive requests from PSD for payment, shall review them and approve them, if appropriate, and shall make requests for payment under the terms of the grants and loans. Region 1 may make draw requests from time to time from COMMISSION to draw down the Project Funds
  3. All financial records on the Project will be maintained and payments made by Region 1, except where required by funding agencies to be made and kept by the PSD or COMMISSION. Project payments shall be made from monies received through the following sources:
    WV CDBG $1,600,000.00
    The PSD and COMMISSION may apply for further funding to complete the Project. Any additional funding shall be administered under the terms of this agreement.
    Page 2 of 4

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All financial records shall be available for audit and inspection at any time following proper notification of need. At the conclusion of the Project, following acceptance of the Project by PSD, a final audit report shall be available for public inspection.

  1. E. L. Robinson Engineering shall design the Project, shall be responsible for providing Professional Engineering Construction Contract Administration services for this project, and shall be responsible for any other aspect of the Project which may arise under the above funding.
  2. All other contracts for professional services for the Project shall remain in full force and effect as may be required by the circumstances of design, the requirements of the funding agencies or as otherwise reasonably directed by Region 1.
  3. This Agreement shall be in effect for a period of one fiscal year, subject to annual renewal for any additional period of time needed to complete all phases of the construction of the Project, each of which annual renewal period shall be limited to one fiscal year, provided that, in addition to the right of nonrenewal either party hereto shall have the right to terminate this Agreement on any twelfth month anniversary of the date of this Agreement by giving to the other party 30 days’ written notice of such termination. If either party terminates this Agreement, all complete and incomplete work under this Agreement will become the property of the PSD, and disposition or completion will become the responsibility of the PSD.
  4. The provisions of this Agreement are in addition to and not in derogation of any power and authority vested in these public bodies under any constitutional, statutory or other provisions which may now or hereafter be in effect.
    Page 3 of 4

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  1. This Agreement shall become effective upon approval hereof by the Attorney General of the State of West Virginia or upon his failure to approve the same within thirty (30) days of this submission to him for review, all pursuant to the provisions of Chapter 8, Article 23, Section 3, of the West Virginia Code.

IN WITNESS WHEREOF, the public agencies hereinbefore named as parties to this Agreement properly adopted by the governing bodies thereof, approve this Agreement and direct their Chairman or President, respectively, to execute this Agreement on their behalf and cause it to be filed and recorded in such manner as provided by law.

MERCER COUNTY PUBLIC SERVICE DISTRICT
BY:
Its: Chairman

COUNTY COMMISSION OF MERCER, WEST VIRGINIA
BY:
Its: President

ATTORNEY GENERAL
STATE OF WEST VIRGINIA
Approved as to form this day of 2025.
BY:
Its: Assistant Attorney General

Page 4 of 4

RE: GENERAL COUNTY BUDGET REVISION #3 – MERCER COUNTY CLERK’S OFFICE
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the Budget Revision #3 in the amount of $810,315 submitted by the Mercer County Clerk’s Office, Verlin T. Moye.

RE: MERCER COUNTY CVB GRANT APPLICATION
This matter has been tabled.

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RE: INCREASE EXPENSE APPROVAL LIMIT-COUNTY ADMINISTRATOR
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to increase the expense limit for the County Administrator up to $10,000.

RE: ESTATE-BETSY ANN HOLMES
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to accept a copy of the Last Will and Testament of said estate for recordation.

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WEST VIRGINIA:
At an adjourned session of the County Commission continued and held for the County of Mercer, at the Courthouse thereof, on May 13, 2025.
Present: Bill Archer, President.
Present: Greg Puckett, Commissioner.
Present: Brian Blankenship, Commissioner.

BEFORE THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA
IN RE: BETSY ANN HOLMES, DECEASED.
O-R-D-E-R

On the 13thth day of May, 2025, before the Mercer County Commission, came the matter of the Estate of Betsy Ann Holmes, deceased, upon motion of Daniel Farmer, Executor, requesting that a copy of the Last Will and Testament of said estate be accepted for recordation.

After discussion and review of this matter by the Commission, upon proper motion and second, and it appearing proper to do so, the Commission ORDERS that the copy of the Last Will and Testament of Betsy Ann Homes, deceased, be admitted to record.

All of which was accordingly ADJUDGED and ORDERED. The Clerk of this Commission is DIRECTED to take whatever actions he deems necessary to effectuate this Order.

Dated this the 13thth day of May, 2025.

ATTEST:
VERLIN T. MOYE, CLERK
MERCER COUNTY CLERK

ENTER:
BILL ARCHER, PRESIDENT
MERCER COUNTY COMMISSION

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RE: ESTATE – JERRY JENNINGS
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to remove the current Administrator, Jerry Jennings Jr. and Kristi Smith be appointed as Administratrix D.B.N. over the estate of Jerry Jennings (Deceased).

WEST VIRGINIA:
At an adjourned session of the County Commission continued and held for the County of Mercer, at the Courthouse thereof, on May 13, 2025.
Present: Bill Archer, President.
Present: Greg Puckett, Commissioner.
Present: Brian Blankenship, Commissioner.

BEFORE THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA
IN RE: JERRY JENNINGS, DECEASED.
O-R-D-E-R

On the 13th day of May, 2025, before the Mercer County Commission, came the matter of the Estate of Jerry Jennings, deceased, upon petition of Kristi Smith, requesting that the current Administrator, Jerry Jennings, Jr., be removed for failure to complete his duties regarding the administration of the estate as required by law, and that she be appointed as Administratrix D.B.N. of said estate in his place.

After a discussion and review of this matter by the Commission, upon proper motion and second, and it appearing proper to do so, the Commission ORDERS that Kristi Smith, be appointed as Administratrix D.B.N., of the estate of Jerry Jennings, deceased, and the personal representative, Jerry Jennings, Jr., be removed.

All of which was accordingly ADJUDGED and ORDERED. The Clerk of this Commission is DIRECTED to take whatever actions he deems necessary to effectuate this Order.

Dated this the 13th day of May, 2025.

ENTER:
ATTEST:
VERLIN T. MOYE, CLERK
MERCER COUNTY CLERK

BILL ARCHER, PRESIDENT
MERCER COUNTY COMMISSION

RE: ESTATE – ALICE FAY LUSK
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to accept a copy of the Last Will and Testament of said estate for recordation.

174

WEST VIRGINIA:
At an adjourned session of the County Commission continued and held for the County of Mercer, at the Courthouse thereof, on May 13, 2025.
Present: Bill Archer, President.
Present: Greg Puckett, Commissioner.
Present: Brian Blankenship, Commissioner.

BEFORE THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA
IN RE: ALICE FAYE LUSK, DECEASED.
O-R-D-E-R

On the 13thth day of May, 2025, before the Mercer County Commission, came the matter of the Estate of Alice Faye Lusk, deceased, upon motion of Bryan E. Lusk, Executor, requesting that a copy of the Last Will and Testament of said estate be accepted for recordation.

After discussion and review of this matter by the Commission, upon proper motion and second, and it appearing proper to do so, the Commission ORDERS that the copy of the Last Will and Testament of Alice Faye Lusk, deceased, be admitted to record.

All of which was accordingly ADJUDGED and ORDERED. The Clerk of this Commission is DIRECTED to take whatever actions he deems necessary to effectuate this Order.

Dated this the 13thth day of May, 2025.

ATTEST:
VERLIN T. MOYE, CLERK
MERCER COUNTY CLERK

ENTER:
BILL ARCHER, PRESIDENT
MERCER COUNTY COMMISSION

RE: ESTATE – RONALD RICHARD WILLIAMS
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to accept a copy of the Last Will and Testament of said estate for recordation.

175

WEST VIRGINIA:
At an adjourned session of the County Commission continued and held for the County of Mercer, at the Courthouse thereof, on May 13, 2025.
Present: Bill Archer, President.
Present: Greg Puckett, Commissioner.
Present: Brian Blankenship, Commissioner.

BEFORE THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA
IN RE: RONALD RICHARD WILLIAMS, DECEASED.
O-R-D-E-R

On the 13thth day of May, 2025, before the Mercer County Commission, came the matter of the Estate of Ronald Richard Williams, deceased, upon motion of Rubena R. Williams, Executrix, requesting that a copy of the Last Will and Testament of said estate be accepted for recordation.

After discussion and review of this matter by the Commission, upon proper motion and second, and it appearing proper to do so, the Commission ORDERS that the copy of the Last Will and Testament of Ronald Richard Williams, deceased, be admitted to record.

All of which was accordingly ADJUDGED and ORDERED. The Clerk of this Commission is DIRECTED to take whatever actions he deems necessary to effectuate this Order.

Dated this the 13thth day of May, 2025.

ENTER:
ATTEST:
VERLIN T. MOYE, CLERK
MERCER COUNTY CLERK

BILL ARCHER, PRESIDENT
MERCER COUNTY COMMISSION

176

RE: FUNDING REQUEST – MERCER COUNTY SHERIFF’S DEPARTMENT
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the funding request from the Mercer County Sheriff’s Department. Funding up to $20,000 (from now until December 31) will be used to create a position for a lawyer to Administer Estates. Alan Christian, Sheriff. Funding will be taken from Budget Stabilization.

RE: FUNDING REQUEST – FRIENDS OF PINNACLE ROCK, INC – FISHING RODEO
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the funding request from the Friends of Pinnacle Rock, Inc. Funding in the amount of $500 will be taken from Video/Lottery and used for the Annual Fishing Rodeo – June 7, 2025 prizes. Skip Crane, Chairman, Josh Parks.

RE: FUNDING REQUEST – GLENWOOD RECREATION PARK – WALLACE WIRING SHELTER 5 & 6
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the funding request from Glenwood Recreation Park. Funding in the amount of $7,775 will be taken from Hotel/Motel for upgrades to Shelter #5. Funding in the amount of $7,175 will be taken from Hotel/Motel for upgrades to Shelter #6. Total of $14,950.

RE: FUNDING REQUEST – LASHMEET PUBLIC SERVICE DISTRICT – NUBBINS RIDGE WATER PROJECT
This day on motion of Bill Archer, Commissioner, seconded by Greg Puckett Commissioner, the Commission voted unanimously to approve the funding request from Lashmeet Public Service District. Funding in the amount of $30,000 will be taken from Coal Reallocation and used for testing and data. Mickey Hurst, Chairman, Stacy Fowler, Project Engineer.

177

DISCUSSION

  • Mercer County Opioid Task Force – Receiving applications for task force
  • Mercer County War Museum – Veterans Museum – Needs to update wiring for new sign, needs room to expand
  • Glenwood Recreation Park – Dedication of facilities moved to June 22, 2025
  • Brush Creek Sited 14 & 15-Starting with Site 15 Dan Hale Reservoir first, Lake Contour Restoration

PUBLIC COMMENTS

  • Don Schillingburg – Resident of Halls Ridge Road – ATV Riders are riding at high speeds on road causing a nuisance and unsafe environment. Speed limit signs have been removed. Requests the Commission’s help to resolve problem. Commission informed him the DOH must be the ones to replace signs.

RE: INVOICES, SETTLEMENTS, EXONERATIONS & APPROVED ESTATES
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the following Invoices, Settlement and Exonerations.

EAN Holding – Ticket #300000575 – Personal Property 2024-02 Beaver Pond – Property should have been assessed in Beaver Pond, changing district – Assessment is $335,876
Amount of Exoneration – $1,679.38

Blevins, Bobby – Ticket #10989-Map 16 Parcel 50 Class 4 – Real Estate 2024-03 Bluefield – Lot 58 Sec 376 N Powell – Property over assessed, city wanted to condemn, home owner is going to salvage – Assessment is $12,540 should be $6,270
Amount of Exoneration – $173.93

Marcum Holley, Nancy J-Ticket #19129-04 Bramwell – Map 5 Parcel 47 – Real Estate 2024-75-76 Pt 74 Renova St – Property assesses for $56,100 class 4, should be assessed for $56,100 class 2. Exoneration recommended to correct.
Amount of Exoneration – $765.43

178

Muzzleman, CA – Ticket #24027-05 East River – Map 25 Parcel 66 – Real Estate 2024 – 4.36 Ac Halls Ridge Rd – Property was sold to state & deeded to new owner, taxes should not have been collected on 5-25-65.8 for TY 23 & 24. Assessment is $125,040, should be $118,750
Amount of Exoneration – $71.38

Sirois, Timothy A. – Ticket #311620-Map 311620-09 Plymouth – Personal Property MH 2020, 2021, 2022 & 2023-Mobile home was double assessed on real estate and personal property and paid for four years. Exoneration recommended to correct
Amount of Exoneration – $1,730.52

Moshier, Robert & Amanda Harris – Ticket #31923-09 Plymouth – Map 11 Parcel 22 – Real Estate 2024-021Ac (Pt Pcl D) Nr Speedway – Mobile home assessed on the incorrect parcel – Assessment is $100,020 should be $720
Amount of Exoneration – $1,126.86

Meadows, Mark K Sr – Ticket #42061-11 Rock – Map 24 Parcel 23.6001 – Real Estate 2024 Pt 1.20 Ac Rich Ck County Court Split – Building value was over assessed received Certified Appraisal – Assessment is $270,080 should be $235,230
Amount of Exoneration – $395.48

PETITION FOR CANCELLATION OF ERONEOUS CHARGES

Tax Year 2023District 02 Beaver Pond
Ticket #Name of TaxpayerReasonAmount
301639Gold & Blue Rentals LLCOut of business 07/01/2022$ 555.56
Tax Year 2023District 03 Bluefield
Ticket #Name of TaxpayerReasonAmount
304569Blue Sky 5 LLCOut of business 7/1/2022$ 70.02
Tax Year 2023District 05 East River
Ticket #Name of TaxpayerReasonAmount
306357Jacob BlankenshipDeceased$ 282.30
Tax Year 2021District 11 Rock
Ticket #Name of TaxpayerReasonAmount
1100001560Jason L. GroseFiled Bankruptcy$ 226.00
Tax Year 2024District 02 Beaver Pond
Ticket #Name of TaxpayerReasonAmount
301345Eller’s Coin OP LaundryNot in business 7/1/2023$604.40
Tax Year 2024District 03 Bluefield
Ticket #Name of TaxpayerReasonAmount
300000070EAN Holdings LLCError on supplement$ 9302.34
Tax Year 2024District 05 East River
Ticket #Name of TaxpayerReasonAmount
306396Jacob BlankenshipDeceased$ 281.76
308824Jerry G RoweError on supplement$ 89.82
500000175Jeff HollifieldError on supplement$ 1114.22
309637Candice WilliamsDouble assessed on MH$ 147.76
500000175Robert L PitzerDouble assessed on MH$ 390.96
Tax Year 2024District 09 Plymouth
Ticket #Name of TaxpayerReasonAmount
311015Tomothy A. SiroisDouble assessed on MH$ 442.58
900000192Robert WhiteError in supplement$ 576.00

179

This day the following accounts were presented against the County of Mercer, and the Commission having examined each and all of them, doth allow payment from the different accounts, check numbers listed below:

GENERAL COUNTY -Check #80882-80987 Voided #80922
COAL SEVERANCE -Check #4580-4598
MAGISTRATE COURT -Check #5393
EMERGENCY 911 -Check #4302
HOME CONFINEMENT -Check #2712-2715
HOTEL MOTEL -Check #4956-4969
COURTHOUSE EQUIPMENT -Check #963-965
COURTHOUSE ANNEX -Check #2081-2089
VIDEO LOTTERY -Check #1697-1701
HOTEL MOTEL RESERVE -Check #1019-1020
COAL REALLOCATION -Check #1080-1082
OPIOID SETTLEMENT -Check #1005-1008
MCDRC FEES -Check #6321-6340
ASSESSOR REAPPRAISAL -Check #7114-7129
FINANCIAL STABILIZATION -Check #1079-1080
LACTF -Check #1010-1011
DEPUTY SHERIFF RETIREMENT -Check #342

CHECKS – MARCH 2025
It is ordered that this Commission be and is hereby adjourned until May 27, 2025.
Bill Archer
President

180

MERCER COUNTY COMMISSION MEETING-TUESDAY, MAY 27, 2025-3:30 P.M.

AGENDA:

  • OPEN WITH PRAYER
  • PLEDGE OF ALLEGIANCE
  • MINUTES OF PREVIOUS MEETING
  • APPOINTMENTS/REAPPOINTMENTS
  • OATHS OF OFFICE:

RESOLUTIONS/RECOGNITION
CONTRACTS/AGREEMENTS
FUNDING REQUESTS:
DISCUSSION:
PUBLIC COMMENTS:

Mercer County Sheriff’s Department
Oath of Office-Heather Mitchell
Animal Control Officer (As Needed Basis)

Freedom Flag Essay Contest Winners
Madison Lawson-Bluefield High School
Andrew Farley-Pikeview High School

Freedom Flag Art Contest Winners
Allyson Miller-Bluefield High School
Sofia Castor-Princeton High School
Bill Archer, Commissioner
Dayton Meadows

Mercer County Sheriff’s Department
Governor’s Highway Safety Program Award Captain Adam Ballard
Alan Christian, Sheriff

FY 2025 Budget Revision #3
General County
Verlin Moye, County Clerk

Mercer County Office of Emergency Management – Mutual Aid Agreements
Keith Gunnoe, OEM Director

Mercer County Sheriff’s Department
Kanawha Stone-Hold Harmless Agreement
Alan Christian, Sheriff

Mercer County Tax Office
Software Systems, Inc.
Processing Fees & Postage For Tax Statements
Alan Christian, Sheriff

Mercer County Day Report Center
Harvey & Coburn Construction Proposal to Remodel Basement/Install Ridge Vents
Michelle Stewart, Director

Child Protect/Starting Point
Tonya Milam/LaDeana Morgan

Mercer County Sheriff’s Department
Pawn Shop Ordinance
Steven Sommers, Captain

181

FORMAL HEARINGS DILAPIDATED STRUCTURES
Lori Mills, Dilapidated Structures Officer

AddressOwnerTypeMap/Parcel
354 Goodwill Hollow RdThomas ShraderHouseMap 50 Parcel 92
372 Goodwill Hollow RdThomas ShraderHouseMap 50 Parcel 92
3516 Red Sulphur TurnpikeJamie Kidd/Josh CoxHouseMap 18, Parcel 45.7
505 Church HollowColonna PropertiesHouseMap 1, Parcel 97
511 Church HollowBrian GentryHouseMap 1, Parcel 96

RE: WEST VIRGINIA:
At a Regular Session of the County Commission, held for the County of Mercer, at the Courthouse thereof, on Tuesday May 27, 2025.
Present: Bill Archer, President
Present: Greg Puckett, Commissioner
Present: Brian Blankenship, Commissioner

182

RE: EMPLOYMENT & OATH OF OFFICE – HEATHER MITCHELL – MERCER COUNTY SHERIFF’S OFFICE – ANIMAL CONTROL OFFICER
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Employment & Oath of Office for Heather Mitchell to serve as Animal Control Officer (As Needed Basis) for the Mercer County Sheriff’s Department.

RE: RECOGNITION – FREEDOM FLAG ESSAY AND ART CONTEST WINNERS

  • Freedom Flag Essay Contest Winners:
    • Madison Lawson – Bluefield High School
    • Andrew Farley – Pikeview High School
  • Freedom Flag Art Contest Winners:
    • Allyson Miller – Bluefield High School
    • Sofia Castor – Princeton High School

RE: RECOGNITION – MERCER COUNTY SHERIFF’S DEPARTMENT – GOVERNOR’S HIGHWAY SAFETY PROGRAM AWARD CAPTAIN ADAM BALLARD
The Mercer County Sheriff’s Department was recently recognized for its citation reporting improvements by being presented the Governor’s Highway Safety Program Award.

RE: FY 2025 BUDGET REVISION # 3
Covered in May 13th meeting.

183
184

RE: AGREEMENTS – MUTUAL AID AGREEMENTS – MERCER COUNTY OFFICE OF EMERGENCY MANAGEMENT
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Mutual Aid Agreement between Mercer County Office of Emergency Management and the Mc Dowell County Office of Emergency Management.

MERCER COUNTY
EMERGENCY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Maln Street Princeton WV 24740
[email protected] 304-487-8448

MUTUAL AID AGREEMENT
Between Mercer County Office of Emergency Management and McDowell County Office of Emergency Managoment
Pertaining to Emergency Management Resources

This Agreement is entered into by and between the Mercer County Office of Emergeney Management, the MeDowell County Office of Emergency Managemont, the Mercer County Commission, and the McDowell County Commission, collectively referred to herein as “the Parties.”

Purpose
The purpose of this Agreement is to establish a mutual understanding and framework for providing emergenoy management assistance, including but not limited to police, fire, and emergency medical sorvices (BMS), between Mercer County and McDowell County in the event of an emergency or disaster situation that exceeds the response capacity of either county.

Scope
This Agreement shall apply to all types of emergenoles, including natural disasters, man-made incidents, or other Inrge-scale events, where the requesting county’s resources are insufficient to effectively manage the situation.

Terms of Agreement

  1. Request for Assistance
  • When either Mercer County or McDowell County determines that an emergency exceeds its available resources, the county may request assistance from the other county’s emergency management agency.
  • Requests may be made verbally or in writing, with a formal written request to follow as soon as practicable.
  1. Response to Roquest
    Upon receiving a request, the assisting county will ovaluate its available resources and, If possible, provide support in the form of personnel, equipanent, and other necessary assets. This includes, but is not limited to:
  • Law enforcement personnel and equipment
  • Fire departinent units and equipment
  • Emergency medical services and related support staff
  • Incident conunand or coordination personnel
  1. Command and Control
    Resources deployed under this Agreement shall operate under the Incident Command System (ICS) and shall be subject to the direction and control of the requesting county’s Incident Commander, while retaining internal supervision and control by their parent agency.
  2. Compensation and Reimbursement
  • Unless otherwise agreed, each Party shall bear the costs of its own resources when rendering assistance.
  • If the incident qualifies for state or federal reimbursement, the requesting county shall facilitate the reimbursement process for eligible expenses.
  1. Liability
  • Bach Party shall be responsible for the nots and omissions of its own personnel.
  • Personnel responding under this Agreement shall be considered agents of their respective employers for liability purposes.
  1. Term and Termination
  • This Agreement shall become effective upon signature by all Parties and shall remain in effect until terminated by mutual consent or by either Party with thirty (30) days written notice to the other Parties.
  1. Miscellaneous
  • This Agreement shall not be construed to create a partnership or joint venture between the Parties.
  • This Agreement may be amended only in writing and signed by all Parties.

Signatures
185

Mercer County Office of Emergency Management
By:
Name:
Title:
Date:

McDowell County Office of Emergency Management
By: 10.
Name: Robert K Bowman
Title: Pipoctor
Date: 5/20/25

Mercer County Commission
By:
Name:
Title:
Dato:

MeDowell County Commission
By:
Name: Michaell Brooks
Title: President the bonell Chounty Commission
Date: MAY 20 2025

186
187

RE: AGREEMENTS – MUTUAL AID AGREEMENTS – MERCER COUNTY OFFICE OF EMERGENCY MANAGEMENT
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Mutual Aid Agreement between Mercer County Office of Emergency Management and the Summers County office of Emergency Management.

MERCER COUNTY
EMERGENCY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Main Street Princeton WV 24740
[email protected] 304-487-8448

MUTUAL AID AGREEMENT
Between Mercer County Office of Emergency Management and Summers County Office of Emergency Management
Pertaining to Emergency Management Resources

This Agreement is entered into by and between the Mercer County Office of Emergency Management, the Summers County Office of Emergency Management, the Mercer County Commission, and the Summers County Commission, collectively referred to herein as “the Parties.”

Purpose
The purpose of this Agreement is to establish a mutual understanding and framework for providing emergency management assistance, including but not limited to police, fire, and emergency medical services (EMS), between Mercer County and Summers County in the event of an emergency or disaster situation that exceeds the response capacity of either county.

Scope
This Agreement shall apply to all types of emergencies, including natural disasters, man-made incidents, or other large-scale events, where the requesting county’s resources are insufficient to effectively manage the situation.

Terms of Agreement

  1. Request for Assistance
  • When either Mercer County or Summers County determines that an emergency exceeds its available resources, the county may request assistance from the other county’s emergency management agency.
  • Requests may be made verbally or in writing, with a formal written request to follow as soon as practicable.
  1. Response to Request
    Upon receiving a request, the assisting county will evaluate its available resources and, if possible, provide support in the form of personnel, equipment, and other necessary assets. This includes, but is not limited to:
  • Law enforcement personnel and equipment
  • Fire department units and equipment
  • Emergency medical services and related support staff
  • Incident command or coordination personnel
  1. Command and Control
  • Resources deployed under this Agreement shall operate under the Incident Command System (ICS) and shall be subject to the direction and control of the requesting county’s Incident Commander, while retaining internal supervision and control by their parent agency.
  1. Compensation and Reimbursement
  • Unless otherwise agreed, each Party shall bear the costs of its own resources when rendering assistance.
  • If the incident qualifies for state or federal reimbursement, the requesting county shall facilitate the reimbursement process for eligible expenses.
  1. Liability
  • Each Party shall be responsible for the acts and omissions of its own personnel.
  • Personnel responding under this Agreement shall be considered agents of their respective employers for liability purposes.
  1. Term and Termination
  • This Agreement shall become effective upon signature by all Parties and shall remain in effect until terminated by mutual consent or by either Party with thirty (30) days written notice to the other Parties.
  1. Miscellaneous
  • This Agreement shall not be construed to create a partnership or joint venture between the Parties.
  • This Agreement may be amended only in writing and signed by all Parties.

Signatures
188

Mercer County Office of Emergency Management
By:
Name: Keith Gunnee
Title: OEM
Date: 5/19/25

Summers County Office of Emergency Management
By:
Name: Byd PLEN
Title: Director
Date: 5/19/2025

Mercer County Commission
By:
Name:
Title:
Date:

Summers County Commission
By:
Name: Charles W. Saunders
By: Charles A. Saunders
Title: Pres Summers Co. Commission
Date: 5-14-25

189
190

RE: AGREEMENTS – MUTUAL AID AGREEMENTS – MERCER COUNTY OFFICE OF EMERGENCY MANAGEMENT
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Mutual Aid Agreement between Mercer County Office of Emergency Management and the Wyoming County office of Emergency Management.

MERCER COUNTY
EMERGENCY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Main Street Princeton WV 24740
[email protected] 304-487-8448

MUTUAL AID AGREEMENT
Between Mercer County Office of Emergency Management and Wyoming County Office of Emergency Management
Pertaining to Emergency Management Resources

This Agreement is entered into by and between the Mercer County Office of Emergency Management, the Wyoming County Office of Emergency Management, the Mercer County Commission, and the Wyoming County Commission, collectively referred to herein as “the Parties.”

Purpose
The purpose of this Agreement is to establish a mutual understanding and framework for providing emergency management assistance, including but not limited to police, fire, and emergency medical services (EMS), between Mercer County and Wyoming County in the event of an emergency or disaster situation that exceeds the response capacity of either county.

Scope
This Agreement shall apply to all types of emergencies, including natural disasters, man-made incidents, or other large-scale events, where the requesting county’s resources are insufficient to effectively manage the situation.

Terms of Agreement

  1. Request for Assistance
  • When either Mercer County or Wyoming County determines that an emergency exceeds its available resources, the county may request assistance from the other county’s emergency management agency.
  • Requests may be made verbally or in writing, with a formal written request to follow as soon as practicable.
  1. Response to Request
  • Upon receiving a request, the assisting county will evaluate its available resources and, if possible, provide support in the form of personnel, equipment, and other necessary assets. This includes, but is not limited to:
  • Law enforcement personnel and equipment
  • Fire department units and equipment
  • Emergency medical services and related support staff
  • Incident command or coordination personnel
  1. Command and Control
  • Resources deployed under this Agreement shall operate under the Incident Command System (ICS) and shall be subject to the direction and control of the requesting county’s Incident Commander, while retaining internal supervision and control by their parent agency.
  1. Compensation and Reimbursement
  • Unless otherwise agreed, each Party shall bear the costs of its own resources when rendering assistance.
  • If the incident qualifies for state or federal reimbursement, the requesting county shall facilitate the reimbursement process for eligible expenses.
  1. Liability
  • Each Party shall be responsible for the acts and omissions of its own personnel.
  • Personnel responding under this Agreement shall be considered agents of their respective employers for liability purposes.
  1. Term and Termination
  • This Agreement shall become effective upon signature by all Parties and shall remain in effect until terminated by mutual consent or by either Party with thirty (30) days written notice to the other Parties.
  1. Miscellaneous
  • This Agreement shall not be construed to create a partnership or joint venture between the Parties.
  • This Agreement may be amended only in writing and signed by all Parties.

Signatures
191
192

MERCER COUNTY
WEST VIRGINIA
Office of Emergency Management
1500 West Man Street Princeton WV 24/40
Меткостьоле[email protected] 314-4878448

Merrer Santy Office of Emergency Management
Naute Keith Gunnve
Title: Director OEM
$\frac{5}{13}/25$

Wyoming County Office of Emergency Management
Zim Ellim
Name thee
Eitle
Date:

Mercer County Commission
Name:
Title:
Date:

Wyoming County Conrmission
By:
Name
ller
Title:
Dane

RE: AGREEMENTS – MUTUAL AID AGREEMENTS – MERCER COUNTY OFFICE OF EMERGENCY MANAGEMENT
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the Mutual Aid Agreement by and among the fire departments operating within Mercer County, West Virginia.

MERCER COUNTY
EMERGENCY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Main Street Princeton WV 24740
[email protected] 304-487-8448

MERCER COUNTY, WEST VIRGINIA
AUTOMATIC AID AGREEMENT FOR STRUCTURE FIRE RESPONSE
Effective Date: May 15 2025
Prepared By: Mercer County Fire Association
In Coordination With: Mercer County Office of Emergency Management

I. PURPOSE
This Automatic Aid Agreement is entered into by and among the fire departments operating within Mercer County, West Virginia, including:
Athens Station 101
Bluestone Valley Station 102
Bluewell Station 103
Bramwell Station 104
East River Station 105
Green Valley Station 106
Matoaka Station 107
Montcalm Station 108
Oakvale Station 109
City of Bluefield Fire Department
City of Princeton Fire Department

The purpose of this agreement is to ensure a standardized, effective, and timely fire response within Mercer County through automatic aid dispatch protocols.

193

MERCER COUNTY
EMERGENCY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Main Street Princeton WV 24740
[email protected] 304-487-8448

II. SCOPE
This agreement applies to all possible or confirmed structure fires, building fires, smoke investigations, and general fire alarms within Mercer County. It sets a baseline standard for automatic aid and does not restrict departments or municipalities from entering into additional mutual aid or automatic aid agreements outside of this framework.

III. AUTOMATIC AID RESPONSE POLICY

  1. Initial Dispatch Protocol
  • For all applicable incidents within Mercer County:
  • The first-due department based on geographic proximity and jurisdiction shall be automatically dispatched.
  • Three (3) additional departments, determined by proximity and availability, shall also be dispatched simultaneously.
  • Dispatch determinations shall be supported by GIS data and established pre-incident planning maps, maintained by the Mercer County 911 Center.
  1. Incident Types Covered
  • Confirmed or possible structure fires
  • Building fires (residential, commercial, or industrial)
  • Smoke scares and/or smoke inside a structure
  • Fire alarm activations (including commercial/residential fire alarm systems)
  1. Additional Mutual Aid
  • This agreement does not prohibit the Incident Commander (IC) from requesting additional resources beyond the four (4) automatically dispatched departments.
  • Requests for specialized resources, manpower, or equipment may be made at the discretion of the IC.

IV. DEPARTMENT RESPONSIBILITIES
194

MERCER COUNTY
EMERGENCY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Main Street Princeton WV 24740
[email protected] 304-487-8448

Each participating department agrees to:

  • Respond promptly to automatic aid incidents when dispatched.
  • Ensure personnel and equipment are maintained in a state of readiness.
  • Coordinate on-scene operations under the authority of the designated Incident Commander, following NIMS/ICS guidelines.
  • Participate in joint training exercises and pre-incident planning.
  • Communicate and cooperate with neighboring departments to ensure effective coverage.

V. PARTICIPATION BY MUNICIPAL DEPARTMENTS
The City of Bluefield and the City of Princeton Fire Departments are encouraged to participate in this agreement. This agreement does not limit or restrict either city from maintaining or forming other agreements that exceed the scope or terms of this document.

VI. ADMINISTRATION AND APPROVAL
This agreement shall be overseen by the Mercer County Fire Association in cooperation with the Mercer County Office of Emergency Management (OEM). Final approval shall be granted by a majority vote of the Mercer County Commission. Upon approval, the agreement will be:

  • Filed with the Mercer County 911 Center
  • Filed with the West Virginia State Fire Marshal’s Office in accordance with WV Code §15A-11-8 and WV Code of State Rules Title 87, Series 6.

VII. TERM AND MODIFICATION
195

MERCER COUNTY
EMERGENEY MANAGEMENT
WEST VIRGINIA
Office of Emergency Management
1500 West Main Street Princeton WV 24740
[email protected] 304-487-8448

This agreement shall remain in effect until amended or terminated by mutual consent of the Mercer County Fire Association and the Mercer County Commission. Any amendments must be voted on and approved by the same bodies and filed appropriately.

VIII. SIGNATURES

Mercer County Fire Association Representative
Name: Sean Wyatt
Title:
Date: May 15 2025
Signature:

Mercer County Office of Emergency Management
Name: Keith Gunnoe
Title: OEM Disector.
Date: May 15 2025/
Signature: Amer

Mercer County Commission President
Name: Bill Archer
Date:
Signature:

196

RE: AGREEMENT – MERCER COUNTY SHERIFF’S DEPARTMENT – HOLD HARMLESS AGREEMENT
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the Hold Harmless Agreement the Kanawha Stone Company, Inc., the West Virginia Division of Highways, the Mercer County Sheriff’s Department and the Mercer County Commission. The Mercer County Sheriff’s Department will utilize abandoned building for law enforcement training purposes.

HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement (“Agreement”) is entered into this day of 2025 (“Effective Date”), by and between KANAWHA STONE COMPANY, INC., a West Virginia corporation (“Kanawha Stone”), the West Virginia Division of Highways (“Highways”), the MERCER COUNTY SHERIFF’S DEPARTMENT, a political subdivision of the State of West Virginia (“Sheriff’s Department”), and the MERCER COUNTY COMMISSION, a political subdivision of the State of West Virginia (“County Commission”).
Kanawha Stone, Highways, the Sheriff’s Department, and County Commission are collectively referred to as the “Parties.”

RECITALS
WHEREAS, Kanawha Stone is performing construction services on a project owned by Highways; and
WHEREAS, the project site includes certain abandoned buildings owned by Highways and located within the project boundaries; and
WHEREAS, Highways has authorized the Mercer County Sheriff’s Department to utilize the abandoned buildings (“Premises”) for law enforcement training purposes; and
WHEREAS, the Sheriff’s Department, overseen and funded by the County’s Commission, desires to enter and utilize such buildings, and Kanawha Stone and Highways seek to be released, indemnified, held harmless, and defended from any and all claims that may arise out of such use.

WAIVER AND RELEASE OF CLAIMS
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1. Highways will make Premises available to Sheriff’s Department and County Commission to be utilized by them for police training. The dates that Premises will be made available are from XX/XX/XXXX to XX/XX/XXXX.
  2. The Sheriff’s Department and County Commission hereby release, remise, acquit and forever discharge Kanawha Stone, Highways, their officers, directors, employees, agents, successors, and assigns (“Released Parties”) from any and all claims, liabilities, causes of action, damages, or demands of any kind or nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way related to the Sheriff’s Department’s access to and use of the aforementioned abandoned buildings.
  3. The Sheriff’s Department and County Commission agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, liabilities, or expenses, Including attorney’s fees, arising out of or resulting from its use of the buildings.
  4. The Sheriff’s Department and County Commission shall provide to Kanawha Stone and Highways a certificate of insurance evidencing commercial general liability insurance with coverage of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, naming Kanawha Stone and Highways as additional insured.

198

MISCELLANEOUS

  1. Kanawha Stone and Highways make no representations and provide no warranties to the Sheriff’s Department, County Commission or any other person or entity regarding the condition of the Premises located within the project boundaries. Sheriff’s Department and County Commission represent that they have inspected the Premises prior to their use and accept it as-is in its current condition.
  2. This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia and any disputes regarding the provisions of this agreement will be brought exclusively within the appropriate tribunal in West Virginia.
  3. This Agreement contains the entire understanding between the Parties and supersedes all prior discussions, negotiations, and agreements concerning the subject matter herein.
  4. Each Party represents that it has the authority to execute this Agreement and that the persons signing below are authorized to do so on behalf of their respective entities.

THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

KANAWHA STONE COMPANY, INC.
By:
Name:
Title:
Date:

MERCER COUNTY SHERIFF’S DEPARTMENT
By:
Name:
Title:
Date:

MERCER COUNTY COMMISSION
By:
Name:
Title:
Date:

West Virginia Division of Highways
Stephen T. Rumbaugh, P.E.,
Commissioner
Date:

199

200

RE: FUNDING REQUEST – MERCER COUNTY TAX OFFICE – SOFTWARE SYSTEMS, INC.
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to approve the funding request from the Mercer County Tax Office. Funding in the amount of $38,435.22 will be taken from Budget Stabilization. Funding will be paid to Software Systems, Inc for the processing fees and postage of tax statements.

RE: FUNDING REQUEST – MERCER COUNTY DAY REPORT CENTER
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to approve the funding request from the Mercer County Day Report Center. Funding in the amount of $100,000 will be taken from the Opioid Funds to get started on the remodel of the basement of the Mercer County Day Report Building. Topic for more funding to be brought back up at a later date. (Remodel of the basement – estimated cost $300,000)

DISCUSSION:
Child Protect/Starting Point – Traffic on Shaker Lane (Princeton) speeding, wants to put speed bump onto road – Greg Puckett can get ahold of someone at the Department of Highways to discuss options
Mercer County Sheriff’s Department – Pawn Shop Ordinance – Steven Sommers

FORMAL HEARINGS DILAPIDATED STRUCTURES
RE: DILAPIDATED STRUCTURES – THOMAS SHRADER-354 GOODWILL HOLLOW RD
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to issue a 30-day continuance for the house owned by Thomas Shrader located at 354 Goodwill Hollow Rd, Map 50 Parcel 92.

201

RE: DILAPIDATED STRUCTURES – THOMAS SHRADER-372 GOODWILL HOLLOW RD
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to issue a 30-day continuance for the house owned by Thomas Shrader located at 372 Goodwill Hollow Rd, Map 50 Parcel 92.

RE: DILAPIDATED STRUCTURES – JAMIE KIDD/JOSH COX-3516 RED SULPHUR TURNPIKE
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to issue a Standard Order of Demolition (60 days) for the house owned by Jamie Kidd and Josh Cox located at 3516 Red Sulphur Turnpike, Map 18, Parcel 45.7.

RE: DILAPIDATED STRUCTURES – COLONNA PROPERTIES-505 CHURCH HOLLOW
This day on motion of Brian Blankenship, Commissioner, seconded by Greg Puckett, Commissioner, the Commission voted unanimously to issue a Standard Order of Demolition for the house owned by Colonna Properties located at 505 Church Hollow, Map 1, Parcel 96.

RE: DILAPIDATED STRUCTURES – BRIAN GENTRY-511 CHURCH HOLLOW
This day on motion of Greg Puckett, Commissioner, seconded by Brian Blankenship, Commissioner, the Commission voted unanimously to issue a Standard Order of Demolition for the house owned by Brian Gentry located at 511 Church Hollow, Map 1, Parcel 96.

It is ordered that this Commission be and is hereby adjourned until May 27, 2025.

Bill Archer
President

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