MARION COUNTY COMMISSION COUNTY COURT SEPTEMBER 12, 2012

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1 COUNTY COURT The Marion County Commission sat in regular session pursuant to its adjournment on Wednesday, September 5 th, Present were Commissioner Elliott, Commissioner Ward and President Tennant. The proceedings of Wednesday, September 5 th, 2012, together with those had and done under the supervision of Janice Cosco, Clerk and Recorder for the Marion County Commission on September 6 th, 7 th, 10 th, and 11 th, 2012 were approved as submitted and signed. President Tennant called the meeting to order. Pastor Doug Hendrixson of the Central Church of the Nazarene led the Court with a prayer. County Attorney Chuck Shields led the Court with the Pledge of Allegiance. Commissioner Elliott moved to dispense with the reading of the minutes of Wednesday, August 29 th, 2012 and accept 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 September 12 th, 2012 Nos. # through # Pursuant to the recommendation of James Priester, Assessor and approval of Patrick Wilson, Prosecuting Attorney; Commissioner Elliott moved that the President to sign Nos. # through # Commissioner Ward seconded. President Tennant concurred. 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 County Clerk of the County Commission, pending confirmation. There being no further 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. At a Regular Session of the County Commission of Marion County, West Virginia, continued and held for this County at their offices in the J. Harper Meredith Building on September 12, This day came David A. Glance, Fiduciary Supervisor for Marion County, and presented to the County Commission the Waivers and Applications for Short Form Settlements, Proposed Settlements and Annual Settlement Reports filed by the personal representatives of the following estates, which he has reviewed and approved and which are the same estates which were advertised for proposed settlement in the September 3, 2012, issue of the Fairmont Times West Virginian, all in accordance with West Virginia Code 44-3A-19.

2 PAGE 2 Estate of Representative

3 PAGE 3 Commissioner Elliott moved that the Commission does sign the Waivers and Applications for Short Form Settlements, Proposed Settlements and Annual Settlement Reports. Commissioner Ward seconded. President Tennant concurred. The Commission presented the Proclamation for the Marion County Association of Retired School Employees.

4 PAGE 4 Commissioner Elliott moved that the Commission sign the Proclamation for the Marion County Association of Retired School Employees. Commissioner Ward seconded. President Tennant concurred. The Commission received a request a request for advice and consent from the County Clerk, Janice Cosco, to hire Constance L. Butcher to replace Constance Ganaway, effective September 17th, 2012, full time, with benefits.

5 PAGE 5 Commissioner Elliott moved that the Commission grant its advice and consent to the County Clerk, Janice Cosco, to hire Constance L. Butcher to replace Constance Ganaway, effective September 17th, 2012, full time, with benefits with no budget revision necessary. Commissioner Ward seconded. President Tennant concurred. The Commission presented a Class II Legal Advertisement on Notice of Intent to Designate a Location for Early Voting in the North Marion Area of Marion County, West Virginia. County Administrator Kris Cinalli stated that this was published on September 7 th and will be published again on September 14 th, 2012.

6 PAGE 6 Commissioner Elliott moved that the Commission approve and sign the Intent to Designate a Location for Early Voting in the North Marion Area of Marion County, West Virginia. Commissioner Ward seconded. President Tennant concurred. The Commission received a request for a Petition for the Abandonment of alley/roadway, located in Whitehall. Mr. Robert Carpenter, Jr. was present to make his request. County Administrator Kris Cinalli stated that the process is that the Commission prepares and advertises a Class II Legal Advertisement and then schedule a Hearing. Kris continued that that Hearing will be on October 3 rd, The advertisement will run in the newspaper this weekend as well as next weekend. County Administrator Kris Cinalli stated that the Commission will take any comment on the pending abandonment. A short discussion ensued over the location of the said property and those owners surrounding the property as well as the notice to supply to each of those individuals that this process is going to take place and their ability to either support or object to this abandonment. County Attorney Chuck Shields stated after being informed by Commissioner Ward that the Town of Whitehall would more than likely want to join in this matter because they own property adjacent to this alley/roadway; he stated that the Commission does not have the authority to abandon alley/roadway that is contained within a Municipality. He added that the Commission can only abandon what is located within the County limits only. Commissioner Ward added that we then cannot do this.

7 PAGE 7 Mr. Carpenter was advised after this discovery by the Commission to discuss this with the Town of Whitehall Attorney or the Mayor Jesse Corley. Commissioner Elliott moved that the Commission table this item number 8 on September 12 th, 2012 agenda until further notice. Commissioner Ward seconded asking County Attorney Chuck Shields if he would check the statute. President Tennant concurred. The Commission received a request of approval of payment on invoice for the Fairview Water Extension Project, from Jim Hall, Executive Director of the Region VI Planning and Development Council. A spokeswoman was present to present this request to the Commission for Jim Hall. She stated for the record that the Commission committed $200, to this Fairview Water Extension Project construction phase. She added that today they are present to request the first drawdown on those funds in the amount of $110, for Pro Contracting which is roughly half of the pay estimate with the other half of those funds coming from the Monongalia County Commission. She continued that the construction stands at about 19% complete; however, she does not know the intimate details of the entire project. She indicated that Mr. Hall would be available to discuss any questions that you might have. She added that Mr. Hall is at the Monongalia County Commission this day going over the same request with that Commission. Commissioner Elliott moved that the County Administrator Kris Cinalli and Assistant Prosecuting Attorney Chuck Shields review this item and place it on next week s agenda with the recommendation of making the payment. Commissioner Ward seconded. President Tennant concurred. The Commission received a request for funding request from Kelly Horton. D. D. Meighen spoke on behalf of Miss Horton who is requesting $ to represent Marion County in the Miss West Virginia U.S.A. Pageant. Mr. Meighen asked the Commission to recall that this is the young lady who came before the Commission and started the scholarship program in the name of Brogan Raddish. He added that she has been very successful in that endeavor in which she has raised over $5, on that project. To enter into this pageant the required fees for entry is $2, To date she has raised over $1, D. D. Meighen stated that she did not request this assistance but it comes from the advisors of 612 MAC, Robert Gribben, Pastor Wesley Dobbs and himself. She did not say anything about this to that Board of Advisors but he Board thought it well to assist her in this endeavor. The deadline for this entry is September the 19 th, Commissioner Elliott stated that the Commission was audited over some of it expenditures and were advised by the Auditors that the Commission should not make those types of funding. With that being said Commissioner made the motion for the County Attorney to review this request and determine if the Commission could fund it in any way possible.

8 PAGE 8 Commissioner Elliott moved that the Commission have Assistant Prosecuting Attorney Chuck Shields review this matter and bring back to the Commission next week his recommendation in whether the Commission can or cannot fund this endeavor. Commissioner Ward seconded. President Tennant concurred. For the record, note the Commission received the Independent Auditor s Report and Related Financial Statements, for the Greater Paw Paw Sanitary District for the Year ended June 30, 2010 and Year ended June 30, There being no further business to come before the County Commission, it is ordered that this Commission do now recess until, Wednesday, September 19 th, 2012 at 10:00 a.m. for the next scheduled County Commission Meeting. Burley Butch Tennant, President