COUNTY COURT The Marion County Commission sat in regular session pursuant to its adjournment on Wednesday, December 7 th, 2011. Present were Commissioner Elliott and President Tennant. The proceedings of December 7 th, 2011, together with those had and done under the supervision of Janice Cosco, Clerk and Recorder for the Marion County Commission on December 8 th, 9 th, 12 th, 13 th, 14 th, 15 th, 16 th, 19 th and 20 th, 2011 were approved as submitted and signed. President Tennant called the meeting to order. Retired Reverend Roger McBee led the Court with a prayer. D. D. Meighen also led in prayer with a moment in silence for Commissioner Wayne Stutler who passed away and whose funeral would be on Thursday, December 22, 2011. Sheriff Joseph Carpenter led the Court with the Pledge of Allegiance. Commissioner Elliott moved to dispense with the reading of the minutes of December 7 th, 2011 and except them as presented. President Tennant seconded. Motion passed. For the record note, James Priester, Assessor presented to the County Commission the following Exonerations for approval. Dated December 21, 2011 Nos. #2011-1446 through #2011-1481 Pursuant to the recommendation of James Priester, Assessor and approval of Patrick Wilson, Prosecuting Attorney; Commissioner Elliott moved the Commissioner President to sign Nos. #2011-1446 through #2011-1481. President Tennant seconded. Motion passed. 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 December 14, 2011. 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 December 5, 2011, issue of the Fairmont Times West Virginian, all in accordance with West Virginia Code 44-3A-19.
PAGE 2 Thereupon, the County Commission proceeded to hear any objections or exceptions to these proposed settlement reports, as required by law, and hearing none, does hereby approve the proposed settlement reports as submitted and further directs the Fiduciary Supervisor to instruct the personal representatives to conclude the affairs of the estate. Estate of DUNBAR, CODY J. (ward, final) CLOVIS, HAROLD E. BROWN, SANDRA LEE YANERO, MICHAEL J. HELMS, VIRGINIA M. EFAW, MARION E., SR. AMOS, JOHN A. ALLAN, MARTIN T., JR. McVICKER, WILLIAM RAYMOND GILL, MARY JO PREMO, THOMAS RAYMOND LAYMAN, FREDERICK ARNETT, FRANK, JR. HALL, FREDA V. DOWDY, JAMES WALTER MORRONE, MARY ANN GWINN, ROBERT LEE, JR. LEWIS, ROBERT PAUL SPRAGG, ROBERT W. GREEN, WILLIAM J. STEWART, EDNA MORRIS SHIPCO, MARTHA JEAN MEADOWS, ERNEST W. CALLAWAY, HELEN R. DAILEY, JAMES F. PYECHA, DONNA JEAN SANDY, DAVID LEE FLEMING, SHIRLEY ANN VANDERGRIFT, DORSEY E. STEVENS, WILLIAM H. PELLEGRIN, VINCENT R. PROVANCE, GODFREY E. SUPPA, JACKIE LEE Representative Denise Bowles, Guardian Roger Stewart, II, Executor Donna M. Starkey, Administratrix Bonnie B. Yanero and Rashelle White, Co-Executrices Tonya R Duncan, Administratrix April Y. Cremeans, Executrix WesBanco Bank, Inc., Executor Lois L. Allan, Administratrix Melissa McVicker, Administratrix Debra K. Kines, Administratrix Bonnie J. Premo, Administratrix Deborah Ann Pyle, Executrix Betty Jane Nesmith, Executrix William D. Hall, Jr., Executor Nancy L. Dowdy, Administratrix Samuel J. Morrone, Executor Casie Lea Gwinn, Administratrix Thomas E. Lewis, Administrator Randall L. Spragg, Executor Bradley David Green, Executor Ralph Junior Stewart, Executor Raymond John Shipco, Executor Linda J. Meadows, Administratrix CTA S. Kevin Zaleski, Administrator CTA Randy Lee Dailey, Executor Terry Andrew Pyecha, Executor Marlene Sandy, Executrix William Lawson Fleming, Executor Floyd E. Vandergrift, Executor Betty Jane McDougal, Executrix Luetta Pellegrin, Executrix Debra Ann Provance, Executrix Donna Lou Suppa, Executrix
PAGE 3 Commissioner Elliott moved that the Commission sign the Settlement Reports. President Tennant seconded. Motion passed. The Marion County Commission presented an Order Regarding a Change in the Magisterial Districts within Marion County, West Virginia. ORDER AN ORDER OF THE MARION COUNTY COMMISSION REGARDING A CHANGE IN THE MAGISTERIAL DISTRICTS WITHIN MARION COUNTY, WEST VIRGINIA WHEREAS, pursuant to West Virginia Code 7-2-2, the Marion County Commission shall lay off into magisterial districts, not less than three nor more than ten in number, and as nearly equal as may be in territory and population; and WHEREAS, the County Commission may from time to time, increase or diminish the number of such districts, and change the boundary lines thereof as necessity may require, in order to conform the same to the provisions of the Constitution of the State of West Virginia; and
PAGE 4 WHEREAS, whenever the County Commission shall deem it advisable to change the boundary line between two or more districts, or to establish a new district out of another or two or more districts, or to consolidate two or more existing district into one, the County Commission may make such change, establishment or consolidation, by an order entered or record; and WHEREAS, if a survey be deemed necessary, the County Commission may employ the surveyor of lands for the county, or any other competent surveyor, who shall survey and make a plat of the several districts as the same are thus altered, on which the new lines shall be plainly delineated, noting particularly such places of notoriety or prominent objects through or by which such lines pass, and return such plat and description to the County Commission, and the same shall be filed in the County Clerk s Office and recorded by said Clerk; and WHEREAS, however, prior to such districts be increased or diminished, or the boundary lines thereof changed, the County Commission shall cause a notice of its intention to do so to be posted on the front of the Courthouse of the County, and at some public place in each of district affected thereby, for at least thirty (30) days prior to the term of court at which such action is proposed to be taken; and WHEREAS, such posting has previously been accomplished; and WHEREAS, it is the intention of the Marion County Commission, with this Order, to increase or diminish or change the boundary lines of the magisterial districts in Marion County, such modifications as set forth on the attached metes and bounds description and maps or plats thereof; and NOW THEREFORE, THE MARION COUNTY COMMISSION HEREBY ORDERS: 1. That this Order be entered this date, the 21 st day of December 2011. 2. This Order shall be effective immediately. 3. That the boundary lines of the magisterial districts in Marion County shall be and are hereby modified as set forth on the attached metes and bounds description and maps or plats thereof. 4. That this Order and attachments, including the metes and bounds description and maps or plat of the magisterial districts in Marion County be posted in the Marion County Clerk s Office, at the front door of the Marion County Courthouse and at same public place in each magisterial district affected thereby.
PAGE 5 5. That this Order shall be published in the Times West Virginian on Monday, November 21 st, 2011 and Monday, November 28 th, 2011 as a Class II Legal Advertisement. 6. The Notice of Intent has been posted in the J. Harper Meredith Building, the Marion County Courthouse, the County Clerk s Office, the Downtown Fairmont and East Side Fairmont Post Offices, the Barrackville Post Office and the Watson Elementary School for public viewing on Monday, November 14 th, 2011.
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PAGE 8 PALATINE DISTRICT 2011 THE NORTHERN BOUNDARY OF PALATINE MAGISTERIAL DISTRICT BEGINS AT CENTER LINE OF THE MONONGAHELA RIVER IN THE MARION COUNTY LINE AND THE NORTHERN BOUNDARY OF PRECINCTS 83 AND 124; THENCE UP STREAM WITH THE MONONGAHELA RIVER TO THE CORNER OF PRECINCTS 98 AND 101; THENCE WITH PRECINCTS 100 AND 101 SOUTH AND WESTERLY WITH THE LINE OF PRECINCTS 96, 100, AND 101 TO THE CORNER OF PRECINCTS 112 AND 113, THENCE SOUTHERLY WITH PRECINCTS 112 AND 113 TO THE CORNER TO PRECINCTS 112 AND 114; THENCE IN A WESTERLY DIRECTION WITH THE LINE OF PRECINCTS 113 AND 114 TO THE CORNER OF PRECINCTS 111 AND 113 IN THE LINE OF PRECINCT 114; THENCE WITH THE LINE OF PRECINCTS 114, AND 116 TO THE LINE OF PRECINCT 43,; THENCE WITH THE TYGART VALLEY RIVER DOWN STREAM WITH PRECINCTS 43 AND 111, TO WHERE WEST FORK RIVER FORMS THE MONONGAHELA RIVER, CORNER TO PRECINCTS 13 AND 43; AT THE TYGART VALLEY RIVER; THENCE UPSTREAM WITH THE CENTER LINE OF THE WEST FORK RIVER NORTHWESTERLY WITH PRECINCTS 13, 32, AND PRECINCT 31 TO THE CORNER OF PRECINCT 42, AT THE WESTERN LINE OF THE CITY OF FAIRMONT CORPORATION LINE; THENCE WITH THE WESTERN LINE OF THE CITY OF FAIRMONT CORPORATION PRECINCTS 45 AND 42 TO THE TYGART VALLEY RIVER; CORNER TO PRECINCT43 AND IN THE LINE OF PRECINCT 119; THENCE WITH PRECINCTS 119, 38,42, AND 41 TO THE LINE OF PRECINCT 47; THENCE IN A NORTHERLY DIRECTION WITH PRECINCTS 42 AND 47 TO THE WEST FORK RIVER; CORNER OF PRECINCTS 42, 47, 50 AND 52; THENCE UP THE WEST FORK RIVER WITH PRECINCT 47, TO THE LINE DIVIDING MARION AND HARRISON COUNTIES; THENCE WITH THE MARION HARRISON COUNTY LINE SOUTH EASTERLY TO THE CORNER OF TAYLOR, HARRISON AND MARION COUNTIES, POINT DIVIDING PRECINCTS 38 AND 41; THENCE EASTERLY WITH THE MARION AND TAYLOR LINE TO THE MARION AND MONONGALIA COUNTY LINE POINT IN PRECINCT 125; THENCE WITH THE MARION AND MONONGALIA COUNTY LINE, NORTH WESTERLY TO THE CENTER LINE OF THE MONONGAHELA RIVER THE BEGINNING. THE VOTING PRECINCTS CONTAINED WITHIN PALATINE MAGISTERIAL DISTRICT IS AS FOLLOWS: 38, 39, 40, 41, 43, 45, 47, 48, 98, 100, 112, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, AND 125.
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PAGE 10 MIDDLETOWN DISTRICT 2011 THE MIDDLETOWN DISTRICT BEGINS AT THE CENTER OF THE RAIL ROAD BRIDGE IN THE MONONGAHELA RIVER, THE NORTHERN POINT IN THE CORPORATION LINE OF THE CITY OF FAIRMONT, CORNER TO PRECINCTS 5,6,120, AND 122; THENCE UP THE MONONGAHELA RIVER TO THE CORNER OF PRECINCTS 98 AND 101; THENCE WITH PRECINCTS 98, 100 AND 101 SOUTH AND WESTERLY WITH THE LINE OF PRECINCTS 96,100, AND 101 TO THE CORNER OF PRECINCTS 112 AND 113, THENCE SOUTHERLY WITH PRECINCTS 112 AND 113 TO THE CORNER TO PRECINCTS 112 AND 114; THENCE IN A WESTERLY DIRECTION WITH THE LINE OF PRECINCTS 113 AND 114 TO THE CORNER OF PRECINCTS 111 AND 113 IN THE LINE OF PRECINCT 114; THENCE WITH THE LINE OF PRECINCTS 111, 114, AND 116 TO THE LINE OF PRECINCT 43, AT THE TYGART VALLEY RIVER; THENCE WITH THE TYGART VALLEY RIVER DOWN STREAM WITH PRECINCTS 43 AND 111, TO WHERE WEST FORK RIVER FORMS THE MONONGAHELA RIVER, CORNER TO PRECINCTS 13 AND 43; THENCE UPSTREAM WITH THE CENTER LINE OF THE WEST FORK RIVER NORTHWESTERLY WITH PRECINCTS 13, 32, AND 31 TO A POINT IN THE MONONGAH CORPORATION LINE, AND A CORNER TO PRECINCTS 31, 44 AND 57; THENCE CONTINUE WITH THE SAID WEST FORK RIVER TO THE CONFLUENCE OF MILL FALL RUN; THE DIVISION LINE OF FAIRMONT AND LINCOLN DISTRICT; THENCE WITH MILL FALL RUN UP STREAM AND THE FAIRMONT AND LINCOLN DISTRICT LINE PASSING THE CORNER OF PRECINCTS 31 AND 33 TO CORNER OF PRECINCTS 33 AND 56 IN THE LINE OF PRECINCT 52, FAIRMONT AND LINCOLN DISTRICT LINE; THENCE CONTINUING WITH FAIRMONT AND LINCOLN DISTRICT LINE AND PRECINCT 56 PASSING THE CORNER OF PRECINCT 29 TO THE INTERSECTION OF THE FAIRMONT AND LINCOLN DISTRICTS TO THE INTERSECTION OF THE PAW PAW DISTRICT LINE, IN THE LINE OF PRECINCT 90; THENCE WITH THE LINE DIVIDING PAW PAW AND FAIRMONT DISTRICTS AND LINE DIVIDING PRECINCTS 90, 88, AND 82 TO THE MONONGAHELA RIVER, CORNER OF PRECINCT 6 IN THE LINE OF PRECINCT 122; THENCE UP STREAM, WITH THE MONONGAHELA RIVER AND PRECINCTS 6 AND 122 TO THE BEGINNING. THE VOTING PRECINCTS CONTAINED WITHIN MIDDLETOWN MAGISTERIAL DISTRICT IS AS FOLLOWS: 1, 2, 5, 6, 7, 13, 16, 18, 20, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 96, 101, 102, 104, 111, AND 113.
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PAGE 12 WEST AUGUSTA DISTRICT 2011 THE NORTHERN BOUNDARY OF WEST AUGUSTA MAGISTERIAL DISTRICT BEGINS AT CENTER LINE OF THE MONONGAHELA RIVER IN THE MARION COUNTY LINE AND THE NORTHERN BOUNDARY OF PRECINCTS 83 AND 124; THENCE UP STREAM WITH THE MONONGAHELA RIVER TO THE CORNER OF THE LINE DIVIDING PAW PAW AND FAIRMONT DISTRICTS, CORNER TO PRECINCTS 6 AND 82 IN THE LINE OF 122; THENCE WITH THE LINE DIVIDING PAW PAW AND FAIRMONT DISTRICTS NORTH WESTERLY WITH PRECINCTS 82, 88, 90, 6 AND 29 TO THE INTERSECTION OF THE LINE DIVIDING PAW PAW AND FAIRMONT DISTRICTS WITH THE LINCOLN DISTRICT LINE, CORNER OF PRECINCTS 29 AND 56 IN THE LINE OF PRECINCT 90; THENCE WITH THE FAIRMONT AND LINCOLN DISTRICT LINE AND PRECINCTS 29, 33 AND 56 TO THE INTERSECTION OF PRECINCT 52; THENCE CONTINUING WITH THE FAIRMONT AND LINCOLN DISTRICT LINE SOUTHEASTERLY TO THE CONFLUENCE OF MILL FALL RUN TO THE WEST FORK RIVER WITH PRECINCTS 44 AND 57 IN THE LINE OF PRECINCT 44 THENCE DOWN STREAM WITH THE WEST FORK RIVER TO THE CORNER OF PRECINCTS 42 AND 45 IN THE LINE OF PRECINCT 31 AT THE WESTERN LINE OF THE CITY OF FAIRMONT CORPORATION LINE; THENCE WITH THE WESTERN LINE OF THE CITY OF FAIRMONT CORPORATION PRECINCTS 45 AND 42 TO THE TYGART VALLEY RIVER; CORNER TO PRECINCT 43 AND IN THE LINE OF PRECINCT 119; THENCE WITH PRECINCTS 119, 38,42, AND TO THE LINE OF PRECINCT NO.47; THENCE IN A NORTHERLY DIRECTION WITH PRECINCTS 41 AND 47 TO THE WEST FORK RIVER; CORNER OF PRECINCTS 42,47, 50 AND 52; THENCE UP THE WEST FORK RIVER, WITH PRECINCTS 47, 50 AND 52 TO THE COUNTY LINE DIVIDING MARION AND HARRISON COUNTIES; THENCE WITH THE MARION HARRISON COUNTY LINE NORTHWESTERLY TO THE CORNER OF WETZEL, HARRISON AND MARION COUNTIES, THE SOUTHWEST CORNER OF PRECINCT 70; THENCE NORTHERLY WITH THE MARION AND WETZEL LINE TO THE MARION AND MONONGALIA COUNTY LINE NORTH WEST CORNER OF PRECINCT 74; THENCE WITH THE MARION AND MONONGALIA COUNTY LINE EASTERLY TO THE CENTER LINE OF THE MONONGAHELA RIVER, THE BEGINNING. THE VOTING PRECINCTS CONTAINED WITHIN WEST AUGUSTA MAGISTERIAL DISTRICT IS AS FOLLOWS: 42, 44, 50, 51, 52, 53, 55, 56, 57, 58, 59, 61, 62, 66, 67, 68, 69, 70, 72, 74, 78, 82, 83, 86, 87, 88, 89, 90, AND 92. Norman Kronjaeger thanked Tim Newlon of the Assessor s Office for all of the work he has done on the mapping end of this project. He continued that only Precinct 42 was moved from Palatine into West Augusta District and Precinct 113 was moved into the Middletown District. He added that the changes that were made did not affect any elected officials.
PAGE 13 Janice Cosco the County Clerk stated that the changes made put Marion County within 3.5 % of the allowable 10 % population distribution between the Magisterial Districts. Commissioner Elliott stated that with the on going suits throughout the State of West Virginia; he asked did we see any chance of that happening in Marion County. Janice Cosco stated that the County Clerk s Office has received no calls in opposition to these changes; and she did not believe that that would occur in Marion County. Commissioner Elliott moved that the Commission sign the Order Changing the Magisterial Districts within Marion County, West Virginia. President Tennant seconded. Motion passed. The Commission presented a Resolution to apply for a West Virginia Community Program Funds on behalf of Dunbar School Foundation. Kris Cinalli stated that this application is in the amount of $5,000.00.
PAGE 14 Commissioner Elliott moved that the Commission sign the Resolution to apply for a West Virginia Community Program Funds on behalf of Dunbar School Foundation in the amount of $5,000.00. President Tennant seconded. Motion passed. The Commission received a request for reimbursement from the West Virginia Division of Criminal Justice Services. Kris Cinalli stated that this request is in the amount of $14,136.93 for our Day Report Center expenditures for the month of November, 2011. Commissioner Elliott moved that the Commission President sign the request for reimbursement from the West Virginia Division of Criminal Justice Services. President Tennant seconded. Motion passed.
PAGE 15 The Commission received a request for reimbursement from the West Virginia Division of Justice and Community Services. Kris Cinalli stated that this request is in the amount of $3,594.00 for our Victim s Advocate grant expenditures for the month of December, 2011. Commissioner Elliott moved that the Commission approve the request for reimbursement and that the President sign the reimbursement from the West Virginia Division of Justice and Community Services. President Tennant seconded. Motion passed. The Commission received a request from the Montana Mines RRUP for reimbursement. County administrator Kris Cinalli stated that this is the final request and Project Closeout in the amount of $2,999.44. Kris Showed pictures that showed the work that had been completed. He added that County Planner Richard Walton was out of town for the Holidays, however; gave additional information to Kris if there were any additional questions. There was none.
PAGE 16 Commissioner Elliott moved that the Commission approve the request for the Montana Mines RRUP for reimbursement in the amount of $2,999.44. President Tennant seconded. Motion passed. The Commission received a request for allocation from the United Way. Commissioner Elliott moved that the Commission allocated $5,000.00 to the United Way for this year. President Tennant seconded. Motion passed. For the record, note the Commission received from the Marion County Board of Health their updated approved Revisions to the Clinical Services and Environmental Health Services fee schedule. This document will be available for review in the County Clerk s Office. For the record, note the Commission received from Consolidation Coal Company their Incidental Boundary Revision #68 for Permit #U-104-83, for public review in the County Clerk s Office.
PAGE 17 For the record, note the Commission received notice from Time Warner Cable of programmers due to expire soon. Marianne Moran came before the Commission to speak on their situation with the new building located on the Gateway Connector. None of the previously recorded issues have been remedy that the State Fire Marshall s Office submitted to them that need corrected. The contractor and the State DOH s man have been reassigned to other projects and until these corrections have been made we will not be able to move into our Office. She is requesting to see if there is anything the Commission can do to assist them in this matter is correcting these issues. President Tennant stated that the Commission would look into this matter and contact Charleston to see what can be done to get you into your building. Commissioner Elliott stated that it appears to him that this is approaching a legal matter at this time and referred to Chuck Shields the County Attorney. Kris Cinalli the County Administrator stated that he believed that it would be a State of West Virginia issue at this time. Marianne Moran stated that she would appreciate anything that the Commission could do for them at this time.
PAGE 18 President Tennant stated that he enjoyed working with him for three years and added that he will be greatly missed. Commissioner Elliott added that Wayne had taught him a great deal over the five years that he worked with him. He added that he was a very smart man and took his position as Commissioner with a great deal of seriousness and research all matter thoroughly prior to making a decision. He continued that we would like to extend a deepest sympathy and condolences to his family at this time. Commissioner Elliott added that Wayne Stutler was an honorable person dedicated to this community and county. Commissioner Elliott also added that he is continuing Mr. Bonasso coat drive this year and hopefully ongoing for the future. He continued that not only coats but gloves, sweat shirts have been donated this year and Commissioner Elliott is very thankful of those donations. He added that the toy drive is a worth while project but those items will not keep you warm whereas this project will do so. There being no further business to come before the County Commission, it is ordered that this Commission do now recess until, Wednesday, December 28 th, 2011 at 10:00 a.m. for its next Commission Meeting. Burley Butch Tennant, President