MARION COUNTY COMMISSION COUNTY COURT JANUARY 15, 2014

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1 COUNTY COURT The Marion County Commission sat in regular session pursuant to its adjournment on Wednesday, December 18 th, Present were Commissioner Tennant, Commissioner VanGilder and President Elliott. The proceedings of Wednesday, December 18 th, 2013, together with those had and done under the supervision of Janice Cosco, Clerk and Recorder for the Marion County Commission on December 19 th, 20 th, 23 rd, 26 th, 27 th, 30 th, 2013, January 2 nd, 3 rd, 6 th, 7 th, 8 th, 9 th, 10 th, 13 th and 14 th, 2014 were approved as submitted and signed. Sabrina Haught of TLC Ministries in Four States led the Court with a prayer. Belinda Biafore led the Court with the Pledge of Allegiance. President Elliott called the meeting to order. The Commission presented the Election of the President and President Pro Tem of the Marion County Commission for Commissioner Elliott moved that Burley Butch Tennant be appointed President of the Marion County Commission. Commissioner VanGilder seconded. Commissioner Tennant concurred. Commissioner VanGilder moved that Randy Elliott be appointed President Pro Tempore. President Tennant seconded. Commissioner Elliott concurred. Commissioner Elliott moved to dispense with the reading of the minutes of Wednesday, December 18 th, 2013 and accept them as presented. Commissioner VanGilder seconded. President Tennant concurred. For the record, note James Priester, Assessor presented to the County Commission the following Exonerations for approval. Dated January 15, 2014 Nos. # through # Pursuant to the recommendation of James Priester, Assessor and approval of Patrick Wilson, Prosecuting Attorney; Commissioner Tennant moved that the President sign Nos. # through # Commissioner VanGilder seconded. President Elliott 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.

2 PAGE 2 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 January 15 th, 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 January 6 th, 2014, issue of the Fairmont Times West Virginian, all in accordance with West Virginia Code 44-3A-19.

3 PAGE 3 Commissioner Elliott moved that the Commission sign the Waivers and Applications. Commissioner VanGilder seconded. President Tennant concurred. The Commission received an Order of Probate of Wills from the County Clerk s Office for the month of December, Kris Cinalli stated that this Order is a list of Estates in which have been admitted to Probate in the County Clerk s Office, in vacation of the Commission, from December 1, 2013 through December 31, 2013 pursuant to West Virginia Code , as amended.

4 PAGE 4 Commissioner Elliott moved that the Commission sign the Order. Commissioner VanGilder seconded. President Tennant concurred. The Commission received the Final Order in the Estate and Will of Martha Brown Hall. Fiduciary Supervisor David Glance stated for the record that the Hearing was on Wednesday, December 18 th, 2013 and that the Commission would approve the Will as it was submitted to the Clerk. David also added that the party that was affected by this will did not object to this will being submitted as presented.

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10 PAGE 10 Commissioner Elliott moved that the Commission sign the Final Order in the Estate of Martha Brown Hall. Commissioner VanGilder seconded. President Tennant concurred.

11 PAGE 11 For the Record, note the commission sign the Order Confirming and Ratifying the Fiduciary Supervisor s Report of Claims and Settlement Reports, Order #345 for the Month of December 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 the 23rd, day of December, 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.

12 PAGE 12 The Commission presented the Resolution to Accept Conditions of the Contract for West Virginia Community Participation Funds and to Authorize Signature on behalf of the Disability Action Center. Deputy County Clerk Thomas Antulov added that this application is in the amount of $8,

13 PAGE 13 Commissioner Elliott moved that the Commission sign the sign the Resolution. Commissioner VanGilder seconded. President Tennant concurred. The Commission received from Janice Cosco, the County Clerk the Republican and Democrat Ballot Commissioner for Approval. Janice submitted the names of Jo Ann Williams as the Republican Commissioner and David glance as the Democrat Commissioner. She added that both were approved by the County Party Chairpersons.

14 PAGE 14 Commissioner Elliott moved that the Commission accept those appointments. Commissioner VanGilder seconded. President Tennant concurred. The Commission presented for approval the Marion County Commission s 2014 Night Meetings schedule. Commissioner Elliott moved that the Commission approve that schedule. Commissioner VanGilder seconded. President Tennant concurred. The Commission received a request for reimbursement for West Virginia Commission on Drunk Driving Prevention Grant, ending on January 26, 2014 and reapplication for Grant Period running from February 22 to May 25, 2014.

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16 PAGE 16 Commissioner Elliott moved that the Commission President sign the document. Commissioner VanGilder seconded. President Tennant concurred. The Commission received a request for an Internal Budget Revision from Rhonda Starn, Circuit Clerk. The Circuit Clerk is moving around $6, from computer indexing to her part-time line.

17 PAGE 17 Commissioner Elliott moved that the Commission approve the internal budget revision. Commissioner VanGilder seconded. President Tennant concurred. The Commission received a request for advice and consent from Joe Carpenter, Sheriff to hire Brian R. Glance as Process Server, effective January 5, 2014, starting salary $25,635.42; with benefits. He is a replacing Jeffrey Malick who has resigned.

18 PAGE 18 Commissioner Elliott moved that the Commission grant its advice and consent to hire Brian R. Glance. Commissioner VanGilder seconded. President Tennant concurred. The Commission made the presentation that the Marion County Development Authority is designated Lead Economic Development Agency in the County. Commissioner Elliott moved that the Commission designate the Marion County Development Authority as the lead Economic Development Agency in the County. Commissioner VanGilder seconded. President Tennant concurred. The Commission received a request for a donation of for Times West Virginian for their Food Drive. Commissioner Elliott moved that the Commission donate $1, to the Times West Virginian for their Food Drive and that those funds be appropriated from the Coal Severance Fund. Commissioner VanGilder seconded. President Tennant concurred.

19 PAGE 19 For the record, note the Commission received from LP Mineral, LLC Surface Mine Application S for public review in the County Clerk s Office. For the record, note the Commission signed the Order of Duplicate Sales for Randall J. Mick, who lost his originals Certificate of Sales from the Sheriff 2012 Tax Sale.

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21 PAGE 21 For the record, note the Commission received the Notification from Time Warner of agreements about to expire.

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23 PAGE 23 For the record, note the Commission received the Notification from Atlantic Broadband of service enhancements and changes.

24 PAGE 24 For the record, note the Commission received the Notification from COMCAST of adjustment of increased in prices in programming and other business costs.

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26 PAGE 26 Gena Wagaman came before the Commission to make this presentation about the Coalition to End Homelessness. She presented their plan and made a request for funds and stated that there budget would be approximately $70, and would take any contributions that the Commission could offer.

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29 PAGE 29 Commissioner Elliott asked how much of a budget are you needing? Gena replied that it is about $70, Commissioner Elliott stated that the Commission would review this request and make a decision on how to proceed once that has occurred.

30 PAGE 30 Buddy Sapp came before the Commission to thank the Commission on behalf of the Salvation Army. Present today was Thomas Board a Board Member and Heather Hawkins the Service Center Director and their Lieutenant Alvaro Porras. LT. Porras read this letter of thanks in open court in order to thank the Commission. Heather Hawkins also reiterated the thanks of the Commission and employees with all of their help throughout this season. Charles Reese presented his update on the Palatine Park Project by stating that the Park is in the final phase of design and is preparing to obtain permits from the City of Fairmont.

31 PAGE 31 Charles Reese added that Belinda Biafore wrote a grant in the amount of $100, for the Dome work in the Courthouse; the paperwork is completed. He added that there is a County match of 20%. Chris McIntire, the 911 Director stated that he wanted to thank the Commission and his Center for the entire water donations made on the Charleston area due to the chemical spill that occurred last week. Chris added that we donated water, plates, forks and hand sanitizer to assist those area residents with those supplies. Chris added that they have prepared an yearend report on the function on the Communication Center as well as a five year review as to what we have done and a five year plan as to where we hope to be in five years. The Commission presented the Celebration and reading of Proclamation in honor of Marion County s Birthday along with cake for those in attendance.

32 PAGE 32 Commissioner Elliott moved that the Commission sign and present the Proclamation. Commissioner VanGilder seconded. President Tennant concurred. A concerned citizen added that the City of Fairmont Police and the Sheriff s Department have made some progress in arresting those responsible for some of the local break-ins. There being no further business to come before the County Commission, it is ordered that this Commission do now recess until, Wednesday, January 22 nd, 2014 at 10:00 a.m. for the next scheduled County Commission Meeting. Burley Butch Tennant, President