REGULAR SESSION SEPTEMBER 12, The Preston County Commission met in Regular Session at 6:30 p.m., September 12,

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1 REGULAR SESSION SEPTEMBER 12, 2016 STATE OF WEST VIRGINIA, COUNTY OF PRESTON, Ss: The Preston County Commission met in Regular Session at 6:30 p.m., September 12, 2016, in the County Commission Meeting Room. The meeting was called to order by President Craig Jennings who invited those present to join in the Pledge of Allegiance. President Jennings then declared the following Commissioners present: Don Smith, and Craig Jennings. Commissioner Dave Price was absent. Also present were Dianna Hartman, County Clerk s Office and Kathy Mace, Administrator/Grant Writer. The following persons registered their attendance during the meeting: Terri Sypolt Linda Huggins Charles Lewis Dale McVicker The following persons registered prior to the meeting to address the Commission: Charles Lewis Dale McVicker President Jennings recognized Charles Lewis who addressed Commissioners concerning the recently passed Smoking Ordinance in Preston County. Mr. Lewis told Commissioners that he is aware that this Commission did not have control over the actions of the Board of Health which actually passed the Ordinance. However, he does have concerns about the decrease in revenue to LVL (Limited Video Lottery) Terminals. Mr. Lewis presented Commissioners with a chart showing the period of April through August, for

2 both 2015 and These figures were taken from numbers on the WV Lottery website and they show a percentage drop in revenue in Preston County from that of the five-month time period. Mr. Lewis said that the discouraging part of this is that revenues are continuing to decrease. He told Commissioners you promote new businesses in the county but you need to do something to protect those that are already here. President Jennings replied that he doesn t really know of any other county that expressed more opposition to the Smoking Ordinance than Preston County. He said this Commission did all it could do to oppose the ordinance evening cutting their budget. Mr. Lewis then reminded Commissioners that while they could not make the decision on the Ordinance they do appoint the Board of Health members. President Jennings replied that the position on the Board of Health remained open for several weeks with no one expressing an interest in serving. President Jennings stated that with all arguments aside he believes if someone owns a business and pays taxes on that business they have the right to make decisions on how you run that business. Commissioner Smith agreed with Mr. Jennings statement. news media. Commissioner Smith suggested that Mr. Lewis furnish these revenue statistics to the President Jennings recognized Dale McVicker, Chairman of the Parks & Recreation Commission who updated Commissioners on recent projects, as well as projects planned for the future. He said that Parks & Recreation is working with many entitites, such as Friends of the Cheat, Rail-Trails, etc., as well as several municipalities, particularly to assist in obtaining grants.

3 Mr. McVicker told Commissioners there are many future projects planned and funding is needed. He asked for any financial assistance the county might give. President Jennings stated that since this issue was not on tonight s agenda, no decision can be made at this time about funding. Duane Hamilton, scheduled to address the Commission at 6:35, has cancelled that appointment for tonight. At 7:00 p.m., President Jennings opened and announced the following bids for renovation to the Circuit Court Jury Room: Veritas Contracting, LLC Morgantown, WV Base Bid - $58,650. Add Alternate - $3,400. Waller Corporation Washington, PA Base Bid - $78,585. Add Alternate - $1,300. Huffman Corporation, Bridgeport, WV Base Bid - $116,700. Add Alternate - $4,035. These bids will be reviewed making sure all specifications and credentials are met, before making an award. Commissioner Smith moved to authorize payment of all properly presented and approved invoices. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Commissioner Smith moved to approve the Preston County Tax Correction List, dated September 12, 2016, in the amount of $760.28, as presented by Assessor Terri Sypolt. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Commissioner Smith moved to approve the Notice of Apportionment of Jointly Owned Motor Vehicles for the following:

4 Bell, Charles R. & Susan Johnston Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. There were no Consolidations of Land or County Court Splits presented. President Jennings recognized Kathy Mace for the Administrator s report. Ms. Mace advised that Preston Memorial Hospital has given their signage, located on the corner of Court House Property, to the CVB who now has an office on Price Street. The CVB is requesting permission from the Commission to continue use of this space that will be used to direct people to the CVB office. Commissioner Smith moved to authorize the CVB to use this space but requested the CVB to provide design of the signage to the Commission before making the change. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Commissioner Smith moved to approve the Request for Reimbursement for the Community Corrections grant for the month of August, 2016, in the amount of $7, Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Ms. Mace updated Commissioners on the sidewalk project. She will be meeting with Alpha Associates concerning the front steps of the Annex. Hopefully, all pedestrian walkways will be completed by Buckwheat Festival time. As for Jury Room renovations, Ms. Mace again advised Commissioners that bids submitted tonight will be reviewed before making an award.

5 Ms. Mace presented estimates on both stainless steel and concrete being considered to use as kennel dividers at the Animal Shelter. She will continue some research on which material may be better with also a cost comparison. Ms. Mace told Commissioners that the Preston County Workshop has submitted a proposal of $325. to clean and weed the flower beds around the Courthouse and Annex and an additional $125. to spread mulch where needed. That would not include the purchase of the mulch. Under Old Business, Commissioner Smith moved to dispense with the reading in open court of the minutes of the County Commission meeting held on August 22, 2016, and to approve the same as presented. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Ms. Hartman advised that Commissioners have been furnished, by , copies of the minutes of the August 29, 2016 County Commission meeting. Under New Business, Commissioner Smith moved to dispense with the reading in open court of the proceedings of the Clerk of this Commission, had in vacation on August 26, 2016 through September 6, 2016, inclusive, and to approve and confirm the same as presented by the County Clerk, there having been no exceptions or objections filed thereto. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Commissioner Smith moved that the following estate settlements and/or waivers thereof, having been filed for a period of ten (10) days prior to the commencement of this term and there being no exceptions or objections filed thereto, be approved and confirmed. Estate of Jeffrey Marvin Harsh, deceased Waiver of Final Settlement filed by Ellen Harsh, Administratrix filed on 08/22/2016 Estate of Gladys M. Nuce, deceased Waiver of Final Settlement filed by James K. Jenkins, Executor filed on 08/24/2016

6 Estate of Melvin Shaffer, deceased Waiver of Final Settlement filed by Donna C. Shaffer, Administratrix filed o 08/25/2016 Estate of Billie Sue Simpson, deceased Waiver of Final Settlement filed by Ronald Watson Simpson, Executor filed on 08/26/2016 Estate of Viola K. Baker, deceased Waiver of Final Settlement filed by Samuel J. Baker, Executor dbn filed on 08/26/2016 Estate of D. Jean Alberico, deceased Waiver of Final Settlement filed by Teena M. Holmes, Executrix filed on 08/29/2016 Estate of Linda Marie Martin, deceased Waiver of Final Settlement filed by James David Martin, Administrator filed on 08/30/2016 Estate of Jerry Victor Leonard, deceased Waiver of Final Settlement filed by Dessie Marie Leonard, Executrix filed on 09/01/2016 Estate of Velma E. Shaw, deceased First Accounting filed by Alan L. Shaw, Executor Filed on 09/01/2016 Estate of Doris L. Radford, deceased Waiver of Final Settlement filed by Betty Lee Caporaletti, Administratrix cta filed on 09/01/2016 Estate of John H. Shaffer, deceased Waiver of Final Settlement filed by Shirley May Shaffer, Executrix filed o 09/02/2016 Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. There were no Fiduciary Commissioner Reports or Referrals presented. Commissioner Smith moved to approve the following requests of the Kingwood Volunteer Fire Department: ` Permission to use the same section of the Courthouse lawn for the parade reviewing stand from Wednesday, September 28 through Sunday, October 2, when it will be removed. Use of the parking lot at the Courthouse Annex for the setup of their portable sign for the rest of 2016 and 2017, using the space for one week each month and for four weeks in September. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. Commissioner Smith moved to approve the Application for All-Terrain Vehicle Use on Preston County Roads for the Kingwood Volunteer Fire Department from September 28 through October 2, 2016, during the Preston County Buckwheat Festival. Commissioner Jennings

7 seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. President Jennings recognized County Clerk Linda Huggins who presented for Commissioners approval a contract for Xerox equipment in her office. Commissioner Smith moved to approve a Contract Agreement between Xerox Government Systems, LLC and the Preston County Clerk, West Virginia, for Xerox equipment and support services in the County Clerk s Office. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Smith and Jennings voting yes. Motion carried. There being no further business to come before the Commission, President Jennings declared the meeting adjourned at 7:30 p.m. Commissioner Commissioner Commissioner - - -o O o - - -