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REGULAR SESSION MARCH 7, 2016 STATE OF WEST VIRGINIA, COUNTY OF PRESTON, Ss: The Preston County Commission met in Regular Session at 6:30 p.m., March 7, 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 declared the following Commissioners present: Dave Price and Craig Jennings. Commissioner Don Smith 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: Floyd E. Teter, Jr. Theresa Marthey Kathy Plum John Wilhelm Robert L. Sypolt Janice Cale Sisler Jim Liller Robbie Baylor The following persons registered prior to the meeting to address the Commission: Gary Hilgar President Jennings recognized Gary Hilgar, who told Commissioners that he lives in Kingwood and is the Product Manager for Civil & Environmental Consultants, with offices in Bridgeport. Mr. Hilgar said that he simply wants to introduce himself tonight and explained that his company does work similar to Thrasher Engineering and Triad, which he understands the Commission has used in the past for county projects. He told of certain types of work they do and

asked that Commissioners keep Civil & Environmental Consultants in mind when they are need of such services as they provide. President Jennings expressed appreciation to Mr. Hilgar s introduction, told him that his company will be considered but reminded him that these types of services are often times subject to a bidding process. President Jennings recognized Floyd Teter who is scheduled to address Commissioners with a tax concern on his property at 100 Jay Cee Avenue, Terra Alta, WV. Mr. Teter explained to Commissioners that his house was repossessed by First Community Bank in August, 2012 and recorded on August 17, 2012. In November, 2013, the home was put back in the name of Mr. Teter, but according to his application, he was billed at the higher rate of taxes with no exemptions. According to Mr. Teter, his taxes for 2014 and 2015 are still at the rate the bank was being billed when it was in the name of First Community Bank. He believes the tax should be at $185., the same as it was when it was initially in his name. Assessor Terri Funk Sypolt was present and explained the procedure and process particularly in reference to tax bills that come out in July are actually taxes owed for the prior year. It appears that Mr. Teter s tax bill in question shows the bank owning that property on July 1. According to Assessor Sypolt, her records for the 2014 tax year does now show Mr. Teter as owning the property. While Mr. Teter says that he house was put back in his name in November, 2013, records show that the bank owned the property on July 1, 2013. Therefore, the 2014 taxes would still be in the name of the bank at their tax rate. After lengthy discussion of approximately 40 minutes, President Jennings said it appears the attorney preparing deeds should have probably pro-rated the 2014 tax bill. He told Mr. Teter that the Commission will research this tax concern to reach a decision. President Jennings recognized Robbie Baylor, Executive Director Preston County Economic Development Authority who presented Commissioners with a packet of

activities/accomplishments of the EDA during the past year. She also briefly reviewed and explained these items. She also reviewed EDA infrastructure projects, showing $36,664,654 completed and $32,595,000. under or starting construction Mrs. Baylor spoke briefly on the success of Preston County Day at the Legislature, with 50 Preston County high school students in attendance. In closing, Mrs. Baylor requested EDA funding from the Commission in the next fiscal year of $30,000. which will then be 100% matched by the State. In previous years, the Commission funded EDA with $34,000. with $4,000. of that then funneled from EDA to the Chamber of Commerce. She asks that the Commission separately fund the Chamber, due to past requests from the Auditor. President Jennings advised Mrs. Baylor that her funding request will be considered during next week s budget deliberations. President Jennings recognized Duane Hamilton, OEM/E-911 Director, who requested Commissioners approval of promotions for employees in 911 as well as approval for hiring a new employee. Mr. Hamilton explained these promotions and also informed Commissioners that Patty Stafford will be retiring at the end of the month. Commissioner Price moved to approve the following as requested by Mr. Hamilton: Promote Henry McDonald from Regular part-time to full-time telecomunicator with full benefits at an hourly wage of $13. Promote Kendra Born from full-time telecommunicator to Supervisor Training Officer with a current hourly wage of $13.25 to be re-evaluated after a 60-day probation period Promote Cookie Phillips from regular part-time to full-time telecommunicator with full benefits, remaining at current hourly wage of $12.35 Promote Bethany Costilow from part-time to regular part-time telecommunicator with pro-rated benefits, at an hourly wage of $12. Commissioner Jennings seconded the motion. Discussion called for. Question called for.

Commissioner Price moved to approve the request of Mr. Hamilton to hire Sean Bernatowicz as a full-time 911 telecommunicator with training to begin immediately with prorated benefits, at an hourly wage of $12. To be re-evaluated after a six-month probationary period. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Price and Jennings voting yes. Motion carried. President Jennings recognized Janice Sisler and Robert Sypolt, representing the Preston County Historical Society. Ms. Sisler presented for Commission s consideration a Mini-Grant Application in the amount of $5,000. for roof replacement to the History House in Terra Alta. President Jennings advised Ms. Sisler that the application will be considered during next week s budget deliberations. Commissioner Price moved to authorize payment of all properly presented and approved invoices. Commissioner Jennings seconded the motion. Discussion called for. Question called for. Commissioner Price moved to approve the Preston County Correction List, dated March 14, 2016, in the amount of $72.04, as presented by Assessor Funk-Sypolt. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Price and Jennings voting yes. Motion carried. Commissioner Price moved to approve the Notices of Apportionment of Jointly Owned Motor Vehicles for the following: Kelly & Charles W. Darlington (years 2014-2015) Commissioner Jennings seconded the motion. Discussion called for. Question called for. There were no Consolidations of Land or County Court Splits presented.

Assessor Sypolt presented an Application to Correct Taxes on behalf of Hany Tadros who owns property on View Street in Kingwood. Mrs. Sypolt explained to Commissioners that when field appraisers visited this property on several occasions it appeared to be vacant with a For Sale sign in the yard. Therefore, the Classification of the property was changed from II to III. Mr. Tadros was sent a letter notifying him of the classification change which meant that taxes would increase. The letter informed that if this information was correct,,no response was needed. However, if the owner believed this information to be incorrect, he should notify the Assessor s Office by February 19. According to Mrs. Sypolt, Mr. Tadros did contact the Assessor s Office advising that the house in question is not vacant and he does, indeed, spend some time there on occasion. However, he responded after February 19 and the real estate books had already been closed. Therefore, the Classification was not changed in the Assessor s Office. That request is now being made in Mr. Tadros Application to Correct Taxes. If a Classification needed to be changed, it simply was not requested in a timely manner by Mr. Tadros. Commissioner Price moved to approve the Application to Correct Taxes submitted by Hany M. Tadros for property at 217 View Street, Kingwood, WV placing that property in Classification II. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Price and Jennings voting yes. Motion carried. President Jennings recognized Kathy Mace for the Administrator s report. Commissioner Price moved to approve and authorize President Jennings to execute the Right-of-Way Agreement by and between the County Commission of Preston County, West Virginia, and the Preston County Public Service District No. 2, for their Water Line Extension Project around the Kinney Shoe Factory. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Price and Jennings voting yes. Motion carried. Commissioner Price moved to authorize President Jennings to execute the Acceptance and Agreement to Terms and Conditions from Triad Engineering, Inc. for the Bird s Creek Road

project. Commissioner Jennings seconded the motion. Discussion called for. Question called for. Commissioners requested that Ms. Mace proceed with the Court Security Funds Grant which would provide funding for the security system in the Court House. Ms. Mace presented and explained budget revisions needed in the Sheriff s Department as well as the County Commission budget. Mace: Commissioner Price moved to approve the following budget revisions as presented by Ms. Increase 001-306-000 by $ 63,834. Increase 001-350-000 by $ 17,743. Increase 001-401-224 by $ 50,000. Increase 001-428-230 by $ 7,417. Increase 001-401-237 by $ 1,352. Increase 001-700-211.01 by $ 700. Decrease 001-420-230 by $ 25,392. Increase 001-401-459 by $ 15,000. Increase` 001-401-223 by $ 12,500. Decrease 001-401-105 by $ 11,022. Increase 001-986-457 by $ 11,022. Increase 001-323-093 by $100,000. Increase 001-443-230.01 by $120,000. Sheriff s Department Increase 001-382-000 by $ 353. Increase 001-700-104 by $ 27. Increase 001-700-106 by $ 42. Increase 001-700-108 by $ 284. Increase 001-382-005 by $ 2,797. Increase 001-700-343-05 by $ 2,797. Decrease 001-736-341 by $ 3,379. Increase 001-736-226 by $ 3,379. Commissioner Jennings seconded the motion. Discussion called for. Question called for.

RESOLUTION At a Regular Session of the County Commission, held on March 7, 2016, the following order was made and entered. SUBJECT: The revision of the Levy Estimate (Budget) for the County of Preston. The following resolution was offered. RESOLVED: That subject to approval of the State Auditor as ex officio chief inspector of public offices, the County Commission does hereby direct the budget be revised PRIOR TO THE EXPENDITURE OR OBLIGATION OF FUNDS FOR WHICH NO APPROPRIATION OR INSUFFICIENT APPROPRIATION CURRENTLY EXISTS, as shown on budget revision number 15, of the General County Fund, a copy of which is entered as part of this record. The adoption of the foregoing resolution having been moved by Commissioner Price and duly seconded by Commissioner Jennings, the vote thereon was as follows: Dave Price Yes No T. Craig Jennings Yes No WHEREUPON, President Jennings declared said resolution duly adopted, and it is therefore ADJUDGED and ORDERED that said resolution be, and the same is, hereby adopted as so stated above, and the County Clerk is authorized to fix her signature on the attached Request for Revision to Approved Budget to be sent to the State Auditor for approval. Commissioner Price moved to approve the request for CASA to plant a pinwheel garden in the greenspace in front of the Preston County Courthouse from April 4 29, with removal to take place on April 29. The garden is to consist of 45-50 small pinwheels and a small sign stating their purpose. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Price and Jennings voting yes. Motion carried. Under Miscellaneous Correspondence, Ms. Mace furnished Commissioners with a thank you note from the Aurora Volunteer Fire Department for county funding.

Commissioner Price moved to approve the reappointment of Corky Thomas, as a member of the 911 Advisory Council, representing the Preston County Firemen s Association, with the two-year term retroactive to January 1, 2016 and terminating on December 31, 2017. Commissioner Jennings seconded the motion. Discussion called for. Question called for. A roll call vote was taken with Commissioners Price and Jennings voting yes. Motion carried. Under New Business, Commissioner Price moved to dispense with the reading in open court of the proceedings of the Clerk of this Commission, had in vacation on February 18 through February 29, 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 Price and Jennings voting yes. Motion carried, Commissioner Price 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 Henry G Baniak, deceased Waiver of Final Settlement filed by Darlene M. Baniak, Personal Representative filed on 2/16/2016 Estate of Carrie F. Kirkendall, deceased Waiver of Final Settlement filed by Kevin Kirkendall, Personal Representative filed on 2/16/2016 Estate of Whitney Jean Bolyard, deceased Waiver of Final Settlement filed by Carl Wayne Bolyard, Personal Representative filed on 2/16/2016 Estate of Marcial Maldonado, deceased Final Settlement filed by Meryline Maldonado, Personal Representative filed on 2/16/2016 Estate of Effie M. Wotring, deceased Report of Receipts, Disbursements and Distribution; Affidavit filed by Karen S. Ray, Executrix filed on 2/19/2016 Estate of Dortha Roselean Friend, deceased Waiver of Final Settlement filed by Pamela S. Born, Personal Representative filed on 2/19/2016 Estate of Edith Elvira Fortney, deceased Waiver of Final Settlement filed by Sarah S. Hovatter, Personal Representative filed on 2/19/2016 Commissioner Jennings seconded the motion. Discussion called for. Question called for. There were no Fiduciary Commissioner Reports or Referrals presented.

Under Old Business, Commissioner Price moved to dispense with the reading in open court of the minutes of the County Commission meeting held on February 16, 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 Price and Jennings voting yes. Motion carried. Ms. Hartman advised that Commissioners have been furnished by e-mail, the minutes of the February 22, 2016, County Commission meeting. There being no further business to come before the Commission, President Jennings declared the meeting adjourned at 8:15 p.m. Commissioner Commissioner Commissioner - - -o O o - - -