Disabilities board members appointed; conflicts of interest charges continue

The Cape Girardeau County Commission unanimously appointed members of a number of volunteer advisory boards Monday, but attempts to fill spots on the Cape Girardeau Board of Developmental Disabilities raised the suggestion of county manipulation and discussions about conflicts of interest that tabled action until a future meeting.

The disabilities board is responsible for distributing county tax funding to provide services for people with disabilities such as autism, cerebral palsy and Down syndrome. It has been operating with only five of its nine spots filled since last July, just enough members for the quorum necessary to execute decisions.

The board has been in a legal battle with the local sheltered workshop, VIP Industries Inc., since March 2011. Mediation has not resulted in a resolution and court dates have been repeatedly postponed. According to Presiding Commissioner Clint Tracy, discussions as recently as this past weekend did not yield an agreement. The county has encouraged the board to come to a resolution before the tax levy that funds it is set again in September. Last year, the levy was cut in half by the county so that funds would not be spent on legal fees.

'Hornet's nest'

Associate Commissioner Jay Purcell said he felt the county should appoint all nine spots in order to bring "new blood" into the situation instead of waiting for the existing members to sort things out.

"In a way, we are manipulating the process," Purcell said.

Tracy responded that the commission has been reluctant to place new members in the middle of a "hornet's nest" and that good potential applicants have expressed apprehensions about applying. He also said that the board asked to keep their numbers stable until its legal issues were settled.

In May, board chairman Larry Tidd said the board was functioning but that having so many openings potentially compromises action if someone is absent due to sickness or other reasons.

Purcell then objected to a motion by Associate Commissioner Paul Koeper to reappoint Vice-chairman Jeff Baer, citing concerns about potential conflicts of interest in some board votes in which clients of Baer's accounting firm were involved in board contracts. Baer said last July when the issue was initially raised by Purcell that there was no conflict because he did not stand to profit from the transactions, but Purcell said Baer should have abstained from those votes.

Purcell said he consulted the Missouri Ethics Commission concerning Baer last year and was told to obtain the advice of Morley Swingle, county prosecuting attorney, but said the commission denied his request to seek out Swingle's opinion.

Tracy said Monday the appropriate body to consult would be the MEC. He asked the discussion be tabled pending that Purcell provide supporting documentation of the board votes in question, as well as a written statement from the MEC saying they would not provide an advisory opinion.

Vote delayed

A vote on appointing Walter Wildman of Cape Girardeau was also delayed due to questions raised by Purcell. The commission agreed to consult with the MEC since Tracy is the president of the board of directors for Habitat for Humanity, which employs Wildman.

In the end, Tidd was reappointed for a one-year term. New members John McGowan of Cape Girardeau and Ron Kucera Sr. of Jackson were appointed to three-year and two-year terms, respectively.

McGowan is currently the chief executive officer for Love In the Name of Christ of Southeast Missouri, a not-for-profit organization that provides charitable and ministerial assistance to people in need. He also has worked in management positions with the United Way of Southeast Missouri and Metropolitan Employment and Rehabilitation Service/Missouri Goodwill Industries Inc.

Kucera is a former employee of the Cape Girardeau County Highway Department and former owner of Kucera Excavating Co. In his letter of interest to the commission, he said he has a sister with a developmental disability and desires to use his talents "for the enhancement of programs for persons with developmental disabilities in Cape Girardeau County."

A motion by Purcell to appoint Douglas Morrison of Oak Ridge died due to lack of a second.

The county's action Monday brings the number of filled spots to six, with two set for discussion in future meetings. The county has received eight applications for the disabilities board, from McGowan, Kucera, Wildman and Morrison, as well as Bill Ramsey of Jackson, Karen Fornkahl of Cape Girardeau, Sandra Croyle of Cape Girardeau and Tom Gibbons of Cape Girardeau. Gibbons' application was forwarded to the county with the formal recommendation of the disabilities board.

"I appreciate the commission's appointments and we will do our best to function as a board," Tidd said upon learning of the county's decisions Monday. He declined to comment on Baer or other board business.

Baer was out of town Monday and messages left by email and phone Monday afternoon were not returned.

Other advisory board members were appointed as follows:

• County Welfare Commission: Ed Kaiser and Chris Edwards were reappointed.
• Cape Cape Girardeau County Transit Board: Bill Berry was reappointed.
• Cape Girardeau County Sewer District No. 1: Kevin Smith was reappointed.
• Senior Citizens Service Fund Board: Bill Adams was reappointed.

Other action

• The commission approved a bid and agreed to fund an unexpected expenditure to provide a replacement backup generator for the county's National Oceanic and Atmospheric Administration emergency radio system. According to Richard Knaup, emergency management director, the system serves several hundred thousand residents across Missouri and Illinois, including Cape Girardeau, Bollinger, Perry, Union and Alexander counties, as well as portions of Scott and Stoddard counties. Mike's Inc. of South Roxana, Ill., submitted the sole bid at $34,825, $1,700 over what will be provided by a Federal Emergency Management Agency grant agreement. Specifications changes caused it to exceed the estimated cost and the county approved paying for the difference out of emergency services funding.
• The county board of equalization convened and elected Tracy as chairman. The board hears appeals from businesses and residents who feel their property was incorrectly valued for tax purposes and will remain open until July 30. Anyone seeking to schedule an appeal should contact the county assessor's office.

salderman@semissourian.com

388-3648

Pertinent address:

1 Barton Square, Jackson, MO