MARSHALL COUNTY COMMISSION AUGUST 23, 2011

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The Commission convened this day pursuant to the following call: Jason E. Padlow, President; Donald K. Mason and Brian L. Schambach, Commissioners; Jan Pest, County Clerk; Betsy Frohnapfel, County Administrator; and Winnie Reilly, Deputy Clerk of the County Clerk s Office. At a Special Session of the Commission of Marshall County, West Virginia, held at 2:00 P.M., the Notice of the time and purpose of this Special Session had been posted at the front door of the courthouse for more than two days before the commencement of the Special Session, it is ordered that said Notice together with the certification of the Clerk of the time when it was posted, be entered of record, which is done accordingly in words and figures as follows: NOTICE OF SPECIAL SESSION The County Commission of Marshall County, West Virginia will meet in Special Session at the Courthouse thereof, on Tuesday, August 23, 2011, at 2:00 P.M. for the following purposes, that is to say: To Approve the Carryover Revisions And to approve the Employee Longevity Pay Called by the President of the Commission with the Concurrence of the other two members. s/jason E. Padlow, President Posted at the front door of the Courthouse on the 18 TH day of August, 2011. s/jan Pest, County Clerk MINUTES On motion of Commissioner Mason, seconded by Commissioner Schambach, the Commission approved the minutes of the Special Session held August 16, 2011 as mailed. Motion carried. COMMISSIONER COMMENTS: COMMISSIONER SCHAMBACH attended a fund raiser for Gubernatorial Candidate Bill Maloney last Tuesday; and the Rip Rock Fest on Saturday at Grand Vue Park. The Park was in great shape, even though County Administrator Betsy Frohnapfel fell and broke her foot. Residents of the Glen Hollin area have been in contact with Commission Schambach concerning pot holes. One resident is seeking signatures on a petition to annex into Ohio County. Commissioner Schambach also spoke with Brad Varlas, and he is scheduled for surgery August 31. Commissioner Schambach is officially now a member of the Senior 349

Citizen Board, which meets every second Tuesday, and the Northern Panhandle Workforce Investment Board. COMMISSIONER MASON reported on the visit from Senator Joe Manchin Tuesday afternoon. A brief meeting was held where Senator Manchin spoke of the problems in Washington. Commissioner Mason stated the major problem in Marshall County is the EPA having issues with the coal and gas industries. Wednesday, Commissioner Mason attended the luncheon celebrating 15 years of the Family Resource Network. Stacie Dye and her staff do great work in this organization. Friday, Commissioner Mason attended the Health Board meeting where the County Pandemic Response Plan was approved. They were very pleased with the supplemental contribution from the Commission. Saturday, Commissioner Mason also attended the Rip Rock Festival at Grand Vue Park where bands played from 11 AM to nearly 11 PM. The event was held to benefit the Miracle League ball field. About 300 attended throughout the day. Frank Gilbert did an excellent job, with assistance from Craig and Liz at Grand Vue Park. The Strand held its first live show since renovations began and approximately 200 people attended. The Commission will be busy Thursday co-sponsoring the Business-After-Hours at Grand Vue Park starting at 5:00; and the Commissioner s Cup football game will be played Thursday evening at Wheeling Island Stadium. Commissioner Mason has concerns with the new Dominion facility to be built in Marshall County. There is talk that all the labor will be from Texas. There are qualified people in Marshall County, and Commissioner Mason hopes they will be employed for construction, and well as operating jobs. COMMISSIONER PADLOW feels our resources are being used and the Commission should demand our workforce be used as well. He requested a resolution to that effect. He agreed with State Senator Orphy Klempa that we are glad to see the facility; however, local labor should be used. Commissioner Padlow thanked Senator Joe Manchin for his visit and question and answer period last week. Senator Manchin has accomplished a lot as a Junior Senator. Tuesday, Commissioner Padlow attended a luncheon at the Benwood Legion for the new movie Dough Boy. Several locals were in the movie, and 30-40 people attended the luncheon sponsored by Senator Kessler. Some proceeds will benefit our local Heroes Incorporated. Commissioner Padlow also reported the Legion now has their elevator operating and they thanked the Commission for assistance with grand funds for the elevator. Tickets for Thursdays Commissioner Cup game are available at Jerry s Mini Mart as well as Varsity Pizzeria in Moundsville. Proceeds will go to Bishop, with half of 350

the proceeds from tickets sold in Cameron staying in Cameron. The Athletic Board requested all three Commissioners attend the game. Commissioner Padlow wished all our local teams a successful football season. Commissioner Padlow was unable to attend the Rip Rock Fest, his family was celebrating his father s 70 th birthday. TRANSENERGY UPDATE - Bill Wilburn from TransEnergy stopped by to discuss road issues with the Commission. TransEnergy is currently drilling on the Jack Lucey property in the Glen Easton area. There has been damage to roads and a couple of slips. TransEnergy has contracted with Thrasher Engineers to do work on the slips. TransEnergy will take care of the Glen Easton Road, and contact a local contractor for the rest. The Commission thanked Mr. Wilburn for the update. Mr. Wilburn offered to take the Commissioners on a tour of their facilities anytime. Commissioner Schambach will follow up on this offer. GRAND VUE PARK UPDATE Craig White, Manager of Grand Vue Park, stopped to tell the Commission the Rip Rock Fest did very well considering the Artisan Festival was going on in Wheeling; the Moundsville and Wheeling Police Departments had a steak fry; and McMechen had a Fun Fest; all Saturday. Mr. White will appear on West Liberty s TV station again; and the Elizabethtown Festival will be this weekend. Grand Vue Park has the only outdoor pool still open; the hours and admission fee is reduced through the week. Mr. White acknowledged the maintenance crew at the Park; there was no evidence of the Rip Rock Fest at 9:00 AM on Sunday, another group was coming in. New software for the Park was received yesterday, and Mr. White thanked the Commission for their continued support and help. ELIZABETHTOWN FESTIVAL Gary Shreve was also at the Commission meeting to invite the Commission to the ribbon cutting ceremony for the Elizabethtown Festival on Saturday, at 10:00 AM. BEL-O-MAR UPDATES Eric Fecat from Bel-O-Mar appeared before the Commission with updates on several projects. Mr. Fecat gave Betsy Frohnapfel, County Administrator, information on the Little Grave Creek project. A drawdown request will be processed for the necessary match for the waterline extension. Since the bid was under budget, fire hydrants will also be taken care of. The project should be finished by mid-september. 351

Bids will be out September 22 for the Adaline project. Twenty-two new customers will be served by the extension. There may be more extensions through PSD#4 from Adaline to Lynn Camp; to Cameron and Green Valley. PSD#3 Limestone water tank and extension project is currently in the process of getting easements. Grant funds for the Mozart project were rejected. They will try for another grant for half the funds in November. Some areas had to be cut from the project since the larger grant was not received. However, application will be made again. Mr. Fecat attended the Grand Vue-Doolin PSD meeting with Mrs. Frohnapfel concerning the Fish Creek project. They are waiting on designs from the engineer. The Commission thanked Mr. Fecat for the information. RECESS On motion of Commissioner Mason, seconded by Commissioner Schambach, the Commission took a short recess. Commission reconvened. E-911 ROAD NAME Larry Newell, E-911 Director, submitted a road name for Commission approval. On motion of Commissioner Mason, seconded by Commissioner Schambach, the Commission accepted the recommendation of Mr. Newell and approved the road name of Taxidermy Lane in the Proctor area. Motion carried. GLEN DALE-MOUNDSVILLE WATER DEPARTMENTS REQUEST The Commission received a quote from Pipe Tools for a leak detector kit, in the amount of $20,290, to be used by Glen Dale and Moundsville Water Departments. The equipment will be made available for use by other water departments as well. Betsy Frohnapfel, County Administrator, explained the original request was for another manufacturer. However, this unit is much better. On motion of Commissioner Mason, seconded by Commissioner Schambach, the Commission approved expenditure in the amount of $20,290 for the purchase of the leak detector kit from Pipe Tools. Motion carried. NORTHERN PANHANDLE CONSERVATION DISTRICT REQUEST The Commission received a letter from Sandra Keller, District Administrator, requesting a donation for the Hands-On-Ag Day scheduled September 22 and 23. The event is for 5 th grade students in Marshall County, and over 400 students and 85 volunteers attended last year. Betsy Frohnapfel, County Administrator, stated funds received by the Conservation District for the event cannot be used for lunches for the adult volunteers. On motion of Commissioner Schambach, seconded by Commissioner Mason, the Commission approved a contribution in the amount of $1,500 for the Hands-On Ag Day. Motion carried. 352

CORRESPONDENCE: POCAHONTAS COUNTY COMMISSION re: Marcellus Shale drilling WV DOT 2012 2017 STIP available for public comment SEWERAGE DISTRICT Board meeting highlights for Aug 2011 THANK-YOU Moundsville-Marshall Co. Public Library; Health Department WV RT 2/I 68 AUTHORITY RESOLUTION The Commission received a letter from Charles Clements, Executive Director of the WV State Route 2 and Interstate 68 Authority, enclosing a copy of a Resolution passed by the Authority. The Resolution endorses the efforts of County Commissioners toward the development of the petrochemical industry in our area. On motion of Commissioner Mason, seconded by Commissioner Schambach, the Commission accepted, and made part of this record, the following: RESOLUTION WHEREAS, the WV Route 2 & Interstate 68 Authority is comprised of members from the ten (10) counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Monongalia, Marion, Tyler Pleasants and Wood Counties; and, WHEREAS, the majority of the Marcellus gas field within West Virginia lies within the geographic area represented by the members of the WV Route 2 & Interstate 68 Authority; and WHEREAS, the Commissioners of Hancock, Brooke, Ohio, Marshall, Wetzel and Tyler counties have joined together to encourage and support the construction of an thane cracker processing plant within this six county area; and WHEREAS, the Commissioners of Hancock, Brooke, Ohio, Marshall, Wetzel and Tyler Counties have joined together to secure maximum investment for this region of West Virginia to the absolute best of their ability ;, and WHEREAS, the development of a cracker processing plant in northern West Virginia would have a tremendous, positive economic impact on the citizens of the area as well as all levels of government throughout West Virginia; and WHEREAS, the Commissioners of Hancock, Brooke, Ohio, Marshall, Wetzel and Tyler Counties have endorsed the upgrading of WV Route 2 and the extension of Interstate 68 into the Ohio Valley to assist and encourage the development of the petro-chemical industry in the above counties. NOW THEREFORE BE IT RESOLVED that the West Virginia Route 2 and Interstate 68 Authority endorses the efforts of the Commissioners of Hancock, Brooke, Ohio, Marshall, Wetzel and Tyler Counties toward the development of the petro-chemical industry in our area along with the development of the necessary infrastructure to support this industry; and BE IT FURTHER RESOLVED that the State of West Virginia is hereby urged to join in this effort to provide a positive environment for construction of this type of facility in northern West Virginia; and, 353

THE FOREGOING RESOLUTION WAS UNANIMOUSLY AUTHORIZED, A QUORUM BEING PRESENT, AT A REGULAR MEETING OF THE AUTHORITY, HELD ONJULY 25, 2011 AT NEW MARTINSVILLE, WV. EXONERATIONS On motion of Commissioner Mason, seconded by Commissioner Schambach, the Commission approved the following 25 erroneous assessments previously approved by the Prosecuting Attorney and Assessor: Burkett, Wm Estate (Alleah M Burket Fahey) 288.92 Yurisko, Jean 72.38 Orphanides, Menos M est 518.32 Hicks, Wm S Estate 2.88 Hicks, Wm S Estate 2.88 Darrah, Patricia Y 2.88 Takach, Geraldine D & Paul W 2.88 Darah, William S & Joann 2.88 Morgan, Bernandine 2.88 Klein, Lori Ann 2.88 Wayt, Kerry Dean 2.88 Wade, Robert G 1,582.84 Laberdee, Lawrence A Jr etux 248.00 Winer, Val Andrew Sr 74.44 Thomas, Troy W Etux 190.68 Clark, Monica C 112.18 Warnock, William S & Tina M 32.26 Yoho, Edward L 108.10 Brown, Kevin C & Samantha C 163.42 Minor, Herbert 21.86 Schleicher, David C & Carol Lee 616.10 CLAIMS AUDITED The Commission, this day, approved the following claims: GENERAL COUNTY FUND 15,064.48 COAL SEVERANCE FUND 115,017.26 E-911 FUND 19.38 AIRPORT AUTHORITY 789.00 HOME CONFINEMENT FUND 1,144.60 ADJOURNMENT There being no further business to come before the Commission, on motion of Commissioner Schambach, seconded by Commissioner Mason, the meeting was adjourned. PRESIDENT 354