MARION COUNTY COMMISSION COUNTY COURT JANUARY 25, 2012

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1 COUNTY COURT The Marion County Commission sat in regular session pursuant to its adjournment on Wednesday, Wednesday, January 18, Present were Commissioner Elliott, Commissioner Ward and President Tennant. The proceedings of Wednesday, January 18, 2012, together with those had and done under the supervision of Janice Cosco, Clerk and Recorder for the Marion County Commission on January 19 th, 20 th, 23 rd and 24 th 2012 were approved as submitted and signed. President Tennant called the meeting to order. Reverend Jessica Walker of the Miles Chapel CME led the Court with a prayer. Dennis Basnett led the Court with the Pledge of Allegiance. Commissioner Elliott moved to dispense with the reading of the minutes of Wednesday, January 18, 2012 and except them as presented. Commissioner Ward seconded. President Tennant concurred. For the record note, James Priester, Assessor presented to the County Commission the following Exonerations for approval. Dated January 25, 2012 Nos. # through # Pursuant to the recommendation of James Priester, Assessor and approval of Patrick Wilson, Prosecuting Attorney; Commissioner Elliott moved the Commissioner President to sign Nos. # through # Commissioner Ward seconded. President Tennant concurred. The Commission received a Refund Order in the Matter of the Estate of Saeed Ahmad, deceased. County Administrator Kris Cinalli stated that this Order is to refund Saeed Ahmad $ for being revoked as Administratrix of an estate.

2 PAGE 2 Commissioner Elliott moved that the Commission does sign the Refund Order. Commissioner Ward seconded. President Tennant concurred. The Commission received an Order to Show Cause in the Matter of the Estate of Mabel E. Barr. County Administrator Kris Cinalli stated that this Order does set a Hearing date of February 15, 2012 at 10:30 a.m. in front of the Commission.

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4 PAGE 4 Commissioner Elliott moved that the Commission does sign the Order to Show Cause in the Matter of the Estate of Mabel E. Barr. Commissioner Ward seconded. President Tennant concurred. The Commission received an Order to Show Cause in the Matter of the Estate of David Michael Gorman. County Administrator Kris Cinalli stated that this Order does set a Hearing date of February 15, 2012 at 10:30 a.m. He further added that even though both hearings are set at the same date and time one hearing should only take a few minutes. Kris then added that he verified this with the Fiduciary s Office.

5 PAGE 5 Commissioner Elliott moved that the Commission does sign the Order to Show Cause in the Matter of the Estate of David Michael Gorman. Commissioner Ward seconded. President Tennant concurred. The Commission received an Order Confirming and Ratifying Fiduciary Supervisor s Report of Claims and Settlements Reports, Order # 322. ORDER NUMBER _322 ORDER CONFIRMING AND RATIFYING FIDUCIARY SUPERVISOR'S REPORT OF CLAIMS AND SETTLEMENT REPORTS At a regular Session of the County Commission of Marion County, West Virginia, continued and held for the County in the J. Harper Meredith Building on the 11 th day of January, 2012.

6 PAGE 6 This day came David A. Glance, Fiduciary Supervisor for Marion County, West Virginia, and presented to the Commission his Report of Claims and First and Final Settlement Reports for the following estates which reports he has filed in the Office of the Clerk of the County Commission, pending confirmation. There being no objections received to these reports and no errors appearing, the Report of Claims and First and Final Settlement Reports are hereby ratified, confirmed and approved. Estate of ENGLISH, MINNIE BEATRICE WEYGANDT, RICHARD S. WILSON, BERTHA M. LAYMAN, NETTIE B. DELUCIEN, JOSEPH EMIL CARR, BETTY E. MOORE, MARY E. WILDE, ST. JOHN AKA JOHN RETTON FLANAGAN, VIRGINIA E. BOYCE, PHYLLIS JEAN CARPENTER, GLENNA A. FURMAN, JULIA MELLIE, WILLA L. MILLER, RONALD LEE LAWSON, WILLIADEAN M. CRISS, GLADYS L. WHITE, GARRET DEWAYNE TENNANT, ROSE MARY SECURO, TONY ROGERS, CONSTANCE JEAN GILLESPIE, ELIZABETH LOUISE JOHNS, SANDRA L. DILLY, RONALD W. SAURBORN, CHARLES RAY NEPTUNE, DONALD L. MORGAN, DONALD BRENT GLOVER, JUNE J. BONNELL STEVENS, NELLIE LORAINE BEDNARZ, LENA G. PHILLIPS, EARL L. MERRILL, M. HELENE FORD, JAMES P. SATTERFIELD, EDITH G. DILLY, HERMAN M., JR. WEYGANDT, GLORIA P. HESS, MELVIN CLARE NEBERA, NAOMI MARIE BAILEY BLAND, PEGGY ANN SPADAFORE, SHIRLEY SATTERFIELD, JEFFREY BRUCE Representative Phylisa J. Thomas, Administratrix Brian R. Weygandt, Executor DBN Earl R. Wilson, Executor Melba Jo Lough, Executrix Mark A. Belanger, Ancillary Executor DBN Patrick Lee Carr, Executor Robert A. Moore, Executor Joseph Retton, Jr., Ancillary Adminsitrator Michael Gordon Flanagen, Sr., Ancillary Executor DBN Joan Boyce, Administratrix Rhonda K. Wotring, Executrix David Furman, Executor John D. Welsh, Administrator CTA Charlotte Lynn Kirkpatrick Miller, Executrix William Eugene Lawson, Executor Jody Shay, Executrix Norma A. White, Administratrix John D. Tennant, Jr., Administrator Gary Wayne Securo, Executor Toni Renee Mills, Executrix Lola Inez Adams, Executrix Jerry Lynn Toothman, Executor Marianne Yerkovich, Executrix Ruby Lee Saurborn, Executrix Ann R. Neptune, Executrix Rosemary Wilshire, Administratrix David L Bonnell, Executor Gary Stevens, Administrator Delores Bednarz, Executrix Madelyn Mae Phillips, Executrix Robert L. Merrill and David R. Merrill, Co-Executors Phyllis J. Ford, Executrix Milton Gower, Executor Marianne Dilly Yerkovich, Executrix Brian R. Weygandt, Executor Sue Ellen Hess, Executrix Shirley Jean Neely, Executrix Midge Fluharty, Executrix John Spadafore, Administrator Janet Jenkins, Administratrix

7 PAGE 7 Estate of BROWN, WALTER B. COOK, DENNIS JAMES Representative Walter Kent Brown, Executor Sarah Margaret Cook, Executrix Commissioner Elliott moved that the Commission sign the Order Confirming and Ratifying Fiduciary Supervisor s Report of Claims and Settlements Reports, Order # 322. Commissioner Ward seconded. President Tennant concurred. The Commission received from the County Clerk Janice Cosco a letter recommending Yolanda Napple as the Democrat Emergency Ballot Commissioner and Melvin Ringer as the Republican Emergency Ballot Commissioner for the Primary and General Election for 2012.

8 PAGE 8 Commissioner Elliott moved that the Commission accept the recommendation of Yolanda Napple as the Democrat Emergency Ballot Commissioner and Melvin Ringer as the Republican Emergency Ballot Commissioner for the Primary and General Election for 2012 from the County Clerk Janice Cosco. Commissioner Ward seconded. President Tennant concurred. The Commission received from the County Clerk Janice Cosco an Order for the County s Emergency Absentee Voting Policy for the 2012 Primary and General Election.

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10 PAGE 10 Commissioner Elliott moved that the Commission sign the Order for the County s Emergency Absentee Voting Policy for the 2012 Primary and General Election. Commissioner Ward seconded. President Tennant concurred. Janice Cosco added that this order allows us on Election Day to take ballots to those who may be in the hospital in Harrison, Monongalia and Marion County Hospitals. For the record, note the Commission presented the Resolution in Support of and Upgrade to the White Hall/South Fairmont Interchange and related upgrades to Route 250.

11 PAGE 11 Richard Walton added that this speaking of the areas of I-79 Exit 132 and the stop light around the Rt. 250 and old Rt. 73. He continued that the State Department of Highways is reviewing this information and situation as we speak. The Commissioner received a request from the West Virginia Division of Justice and Community Services for Reimbursement for Grant #11-VA- 009, our Victim s Advocate grant for the month of January, 2012.

12 PAGE 12 Commissioner Elliott moved that the Commission President sign the request for reimbursement from the West Virginia Division of Justice and Community Services for Grant #11-VA-009 in the amount of $2, Commissioner Ward seconded. President Tennant concurred. The Commission received a request from the Little Laurel Improvement Association for a grant for replacement of pump(s). County Administrator Kris Cinalli added that their pumps which are obsolete and almost completely non-functioning. Kris added that they are requesting $10, for this replacement of their pumps. Their request has been presented in writing and available to each of the Commissioners and the Clerk as follows:

13 PAGE 13 Commissioner Elliott moved that the Commission establish a line of credit with a limit of $10, and that the Commission pays invoices and that it will be turned into a loan upon the completion of the line of credit with those funds coming from the Coal Severance Fund. Commissioner Elliott asked the County Attorney if that motion was appropriate. Chuck Shields answered in the affirmative. He continued that we have done something like this in the past. Commissioner Elliott continued that this will be an interest free loan with a flexible term as well. Commissioner Ward seconded. President Tennant concurred. The Commission received a request from Marion County Police Reserves for funds to help with Liability Insurance. Kris Cinalli stated that they are requesting $3, and he further added that we have helped them with this in the past. Kris added with all that the Police Reserves do to assist us with parades, concerts, MCPARC issues, security and traffic control in which they provide these services for free. Kris continued that this becomes a small gesture for them on our part.

14 PAGE 14 Commissioner Elliott moved that the Commission pay $3, towards their insurance liability costs and that those funds come from the Coal Severance Fund. Commissioner Ward seconded. President Tennant concurred. There being no further business to come before the County Commission, it is ordered that this Commission do now recess until, Monday, January 30 th, 2012 at 9:00 a.m. for its first Session of the Board of Review and Equalization Hearings. Burley Butch Tennant, President