March 18, 2014, regular meeting

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STATE OF WEST VIRGINIA

COUNTY OF MINGO, to-wit:

The County Commission of Mingo County met in Regular Session on

Tuesday, March 18, 2014, at 4:30 p.m. in the Commission Courtroom, Room

136, First Floor, Courthouse, Williamson, West Virginia. Present for the meeting were Commissioners Greg Smith and Mike Carter. Commissioner John Mark

Hubbard was absent.

A quorum being present and the public being duly notified, the meeting was called to order at 4:40 p.m. by Commissioner Smith.

Minutes

Tina Abbott presented the following Minutes to be approved and placed on record:

March 5, 2014 (Regular Session)

March 5, 2014 (Special Session)

March 12, 2014 (Special Session)

Commissioner Smith made a Motion to approve the Minutes as presented and place them on record. Commissioner Carter seconded. The vote was 2 yes.

Motion carried.

Impropers

Real Estate and Personal Property deemed by investigation to be improper was presented for authorization of the same to be stipulated on the

Land Books and Personal

Property books on behalf of the Assessor’s office.

Commissioner Smith made a Motion to approve the Impropers as presented being approved and signed by the Prosecuting Attorney and the

Assessor. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Tug Valley Arts Council: Review estimates for lighting & sound system for

Rose G. Smith Theater

Tina Abbott stated that Paul Pinson had not received the two additional estimates yet and requested this be placed back on the next agenda.

Commissioner Smith made a Motion to table this matter until the next meeting. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Brandon Dennison: Inquire into demolition of buildings

No one appeared.

Child Abuse Awareness: Designate April as awareness month, flying of flag, ceremony, pin wheel garden

Amy Smith appeared before the Commission. Smith requested the

Commission to declare April as Child Abuse Awareness Month in Mingo County, asked permission for the flag to be flown, and there is going to be a Williamson

Walk for Children on April 9 th at noon and Smith invited all to attend and stated them along with the Williamson Christian School will be doing a pin-wheel memory garden at the courthouse flag pole that date as well.

Regular Session

March 18, 2014 Page 1 of 9

Commissioner Smith made a Motion to pass the Resolution declaring April

2014 as Child Abuse Awareness month in Mingo County, allow the flag to be flown, and the pin-wheel garden to be placed at the flag pole. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Tri River Transit: Update, FY 2015 Budget

Paula Smith, Tri River Transit, appeared before the Commission. Smith stated that Mingo County had 2,974 passengers on the transit bus in 2013.

Smith requested to be placed back in this fiscal year’s budget for the same amount as last year, $40,000.

Commissioner Smith made a Motion to table this matter with a decision to be made upon further review of the budget. Commissioner Carter seconded.

The vote was 2 yes. Motion carried.

Logan County Child Advocacy: Request to move into office space

Commissioner Smith stated that they are still waiting for the final answer from the library board before a decision can be made about this office space.

Autism Association: Resolution

Brandy Fields, Autism Association, appeared before the Commission.

Fields requested the Commission declare April 2014 as Autism Awareness month in Mingo County, sign the Proclamation and requested permission for a flag to be flown during this month also.

Commissioner Smith read the presented Proclamation aloud.

Commissioner Smith made a Motion to approve the Proclamation as presented and declare April 2014 as Autism Awareness Month in Mingo County and erect the flag on April 1 st to be flown during the month of April.

Commissioner Carter seconded. The vote was 2 yes. Motion carried.

STOP Coalition: Rx drug box in Sheriff Dept.

Josh Murphy, STOP Coalition, appeared before the Commission. Murphy stated he has spoken with Sheriff James Smith about placing a prescription drug box in the Sheriff Dept. for the public to bring in medication bottles to be placed securely in. Sheriff Smith stated he is in favor of this being done. Murphy stated that they are currently awaiting approval from the DEA because this box must be in a secure location 24 hours/day and they have to make sure that the Sheriff

Dept. location qualifies.

Commissioner Smith made a Motion to approve the placement of the

Prescription Drug Box to be placed in the Sheriff Dept. with the approval of the

Sheriff and the DEA. Commissioner Carter seconded. The vote was 2 yes.

Motion carried.

Regular Session

March 18, 2014 Page 2 of 9

Baisden Volunteer Fire Dept.: Financial assistance

Pat Moore, Baisden Volunteer Fire Dept., appeared before the

Commission. Moore presented an estimate for JAWS of Life equipment that the dept. would like to request assistance in purchasing. Moore asked if the

Commission could assist with half of the purchase price. Moore stated that currently they have to wait on JAWS to come from Gilbert if one is needed and those moments could mean saving a life. The Commissioners agreed with

Moore that Baisden did need this equipment. Moore stated that currently their dept. has ten people certified to use the JAWS.

Commissioner Smith made a Motion to approve a $10,000 purchase order toward the purchase of the JAWS for the Baisden Volunteer Fire Dept. with their annual allotment to be included in this amount. Commissioner Carter seconded.

The vote was 2 yes. Motion carried.

Reuben Mitchell: Discuss Re-enactment, Litter at Baisden

Reuben Mitchell appeared before the Commission. Mitchell stated they are currently preparing and purchasing items for the upcoming re-enactment on

April 26 th and previously the Commission committed to making a $2,000 donation towards the re-enactment. Mitchell requested those funds be sent for use.

Commissioner Smith made a Motion to disburse the funds pledged to

Town of Gilbert for the re-enactment. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Rally in the Valley: Discuss

Paul Price, Rally in the Valley event coordinator and Darrin McCormick,

City of Williamson Mayor appeared before the Commission. Price stated they have had a success with this event in the past and it continues to be family oriented. Price stated it will be May 1 through May 4 th . Price requested use of the elected official’s parking lot during that time to place the portable bathrooms at as well as the courthouse employee lot to be blocked off for public parking only to come to early voting and conduct courthouse business. McCormick stated they will offer free parking passes to any employee that would need one to park elsewhere those days.

Commissioner Smith made a Motion to table this matter and place on the agenda for the Special Session on March 26 th . Commissioner Carter seconded.

The vote was 2 yes. Motion carried.

Zada Harriston: Proclamation

Commissioner Smith stated that Zada Harriston is turning 95 and they are having a celebration honoring her life March 22 nd . Commissioner Smith asked that a special proclamation be prepared in honor of Mrs. Harriston and presented to her.

Commissioner smith made a Motion to prepare and present a special proclamation honoring Zada Harriston for her 95 th birthday. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Regular Session

March 18, 2014 Page 3 of 9

Mingo County PSD: Request assistance with Naugatuck to East Kermit project

JB Heflin, Mingo County PSD Manager, appeared before the Commission.

Heflin stated that they have started the Naugatuck-East Kermit Water Project,

Tri-State Pipeline was awarded the contract. Heflin stated that the Commission committed $35,000 towards this project and drawdowns will be beginning. Heflin requested these funds be disbursed to the PSD. Heflin stated that this is a $1.4 million project and will service 30 homes.

Commissioner Smith made a Motion for the Commission to meet their obligation of $35,000 to the Mingo County PSD for the Naugatuck-East Kermit

Water Project and schedule the ground-breaking ceremony. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Emergency Services:

Rain Gauges

Lorene Vance, 911 Director, stated that they have received a request from the WV Dept. of Homeland Security asking to place rain gauges on the property located at Twin Branch. Vance provided a site agreement that was prepared by the WV Dept. of Homeland Security for approval.

Commissioner Smith made a Motion for counsel to review the site contract and contact WV Dept. of Homeland Security and place this matter back on the agenda. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Proclamation for National Telecommunicators Week

Lorene Vance, 911 Director, appeared before the Commission. Vance asked that April 8 th – 14 th be declared National Telecommunicators Week in

Mingo County. Vance presented a Proclamation for approval and signature.

Commissioner Smith read aloud the Proclamation.

Commissioner Smith made a Motion to declare April 8-14 as National

Telecommunicators Week in Mingo County and further authorize signing of the

Proclamation. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Discuss potential purchase of property & trailers at Lincoln St., Chattaroy

Glen Rutledge, counsel, stated he has drafted and agreement between the Commission and Dream Properties, who is the owner of the property located at Lincoln St. in Chattaroy being proposed for purchase. Rutledge stated that this property has frequent flooding and there is current litigation because of this.

Rutledge stated that the Commission has the authority to protect the people of

Mingo County (WV Code §7-1-32). Rutledge stated the purchase price is $3,000 for the lot and trailers on the lot.

Commissioner Smith stated that the property owner is in a bad situation that would cost more to condemn than to purchase and he did not create the problem but is now responsible for it.

Regular Session

March 18, 2014 Page 4 of 9

Commissioner Smith made a Motion to approve the agreement as presented with the same to be presented to the parties involved for approval.

Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Bank Accounts: Update, Request to change

Tina Lockard, Finance Officer, requested this matter be placed on the

Special Agenda for March 26 th because she is waiting on some information from the banks.

Commissioner Smith made a Motion to place this matter on the March 26

Special Session. Commissioner Carter seconded. The vote was 2 yes. Motion th carried.

Budget Revision: General County and Coal Severance

Tina Lockard presented budget revision # 4 for General County and # 3 for Coal Severance to bring revenues and expenditures in line.

Commissioner Smith made a Motion to approve budget revision # 4 for

General County and # 3 for Coal Severance as presented. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Central Garage: Request Tire Vendor

Jerry Colegrove, mechanic for the County Commission, appeared before the Commission. Colegrove requested to allow purchasing of tires from

Wholesale Tire out of Poca, WV for tires that are not under the Goodyear State contract, Colegrove stated he would continue to use Appalachian Tire to purchase those tires under the State contract. Colegrove stated this will save the county money by purchasing directly from the vendor.

Commissioner Smith made a Motion to approve the request to purchase tires from Wholesale Tire and approve completion of the documents to set-up an account to purchase non-state contract tires from Wholesale Tire. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Orders & Settlements

Orders & Settlements were presented on behalf of the County Clerk’s office for approval and to be placed on record.

Commissioner Smith made a Motion to approve the Orders & Settlements as presented and place on record with any he has conflicts with being removed by counsel. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Correspondence on Record

Tina Lockard presented the following correspondence to be placed on record:

Payroll Tax Receipt (03-17-14)

Rawl Sales (apply for Rocky Hollow Phase II Release Permit D-31-81)

Lease with Pocahontas Land on vehicle security lot

Commissioner Smith made a Motion to approve the correspondence presented be placed on record. Commissioner Carter seconded. The vote was

2 yes. Motion carried.

Regular Session

March 18, 2014 Page 5 of 9

Annual Tire Clean-up: Announce Drop-off Sites

Commissioner Smith stated the annual tire clean-up program will be conducted from April 1 st through April 18 th this year and anyone with a WV driver’s license can drop off up to 12 tires per person at any of our county volunteer fire departments. Commissioner Smith stated in the City of Williamson or anyone wanting to can drop tires off at the county garage on 1 st Ave.

Commissioner Smith made a Motion to designate the local fire departments and the county garage as drop off sites for the annual tire recycle program April 1-18 th with any dept. having the option to opt out of participation if so choses. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Approval of poll workers for May 2014 Election

Commissioner Smith stated that according to the Election calendar published by the WV Secretary of State that March 25 th is the cut-off date to turn in poll workers and the Commission needs more time to complete and requested this matter be placed on the March 24 th special session.

Commissioner Smith made a Motion to place this matter on the March 24 th special session. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Audit Engagement Letter: FY 2013 WV State Auditor

Tina Lockard stated that she had not yet received the audit engagement letter and the amount will be $40,200.

Commissioner Smith made a Motion to place on the March 24 th special session agenda. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Community Services Bldg: Telephone Maintenance Agreement, TV,

Internet

Tina Lockard presented the telephone maintenance agreement for the

Community Services building for the equipment and system at $842.75 for the annual fee. Lockard stated this is for the circuits, voice mail, analog, etc. everything except the phones. Lockard stated the contract is with Mid Atlantic

Business.

Commissioner Smith made a Motion to approve the telephone maintenance agreement with Mid Atlantic Business as presented. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Smith stated that he has also agreed to allowing tv and internet services at the building after speaking with the 4-H group who has students that come in and use those services for training, etc. Lockard stated that it was her understanding that they already had internet service.

Commissioner Smith made a Motion to allow adding tv service and internet if needed to the Community Services Building. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Regular Session

March 18, 2014 Page 6 of 9

Williamson Park Board: Field House renovations

Leigh Ann Ray, Grants Coordinator, stated that the application for grant funding through the State Development office is due prior to March 31 st and this funding being applied for was for the roof repair, exterior painting and updated plumbing in the Williamson Fieldhouse. Ray stated the 50% match is $71,726.18 and last year the Commission committed to funding that match if the application was awarded. Ray asked if the Commission was in agreement to funding the match this time if the application is awarded. Commissioner Smith asked Ray to speak to the Board and see what the priority is the new slide for the swimming pool or the match for the Fieldhouse due to decreased budget.

Grants: Leigh Ann Ray, Grants Coordinator

COURT SECURITY FUND GRANT

Ray stated the Commission has the opportunity to receive funding through the WV Division of Justice & Community Services 2014 Court Security Fund

Grant program and an application for this funding must be submitted no later than April 1, 2014. Ray stated she met with elected officials for input into as to the requests in this grant application and the three that were decided on was installing a steel transition door in Magistrate Court, installing an intercom system throughout the courthouse building, and better lighting on the north side of the courthouse. Ray stated they also require a manpower resolution, which states that we have 10 court marshals capable of operating and monitoring equipment associated with courthouse security.

Commissioner Smith made a Motion to approve the application and signature of the same upon completion for the 2014 Court Security Fund grant.

Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Commissioner Smith made a Motion to approve the manpower resolution as presented. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

EMERGENCY SERVICES

Ray stated that a grant has been awarded to purchase radios including the sheriff dept. and emergency services but the State contract does not cover the entire costs of all the radios needed. Ray stated Doug Goolsby, Emergency

Services Director, has requested authorization to put this out to bid because of the difference in the amount needed and the amount awarded.

Commissioner Smith stated he was not sure this could be put out to bid or that you would get a better price than the State contract price.

Commissioner Smith asked that this matter be placed on the next agenda.

STOP – Juvenile Justice Delinquency & Prevention Grant

Ray stated the Commission is the fiscal agency of record for the STOP

Coalition’s Juvenile Justice Delinquency & Prevention Grant and funds from this award continue to be expended. Ray presented a reimbursement request in the amount of $642.91.

Regular Session

March 18, 2014 Page 7 of 9

Commissioner Smith made a Motion to approve the reimbursement request as presented for the STOP Coalition’s Juvenile Justice Delinquency &

Prevention Grant in the amount of $642.91 and further authorize the Commission

President to sign the same. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Ray stated an application must be submitted to the WV Division of Justice

& Community Services if funding from this program, STOP Coalitio n’s Juvenile

Justice Delinquency & Prevention Grant, is to continue and requested approval and signature.

Commissioner Smith made a Motion to approve the application and signature for the STOP Coalition’s Juvenile Justice Delinquency & Prevention

Grant as presented. Commissioner Carter seconded. The vote was 2 yes.

Motion carried.

Accounts Payables

Commissioner Smith made a Motion to approve the accounts payables, as monies are made available. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Personnel

Sheriff

Sheriff James Smith appeared before the Commission. Sheriff Smith requested to hire Jonathan Endicott, stating he was in the top three candidates and is not a certified officer.

Commissioner Smith made a Motion to approve the hiring of Jonathan

Endicott as an uncertified officer upon completion of the psychological evaluation, drug test and expense reimbursement contract. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Commissioner Smith stated that Endicott would be allowed to continue performing his court marshal duties through Friday.

Sheriff Smith requested to hire Christopher Newsome as an uncertified officer as well.

Commissioner Smith made a Motion to approve the hiring of Christopher

Newsome as an uncertified officer upon completion of the psychological evaluation, drug test and expense reimbursement contract. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

Public

Skip Ferris (resident of Lenore and Fire Chief, Lenore Vol. Fire Dept)

Ferris commended the Commission for the declaration of the Level 3

Emergency, stating this helped keep the roads safe during this time by not having unnecessary traffic on the road. Ferris stated to his knowledge there were no accidents and no one was hurt or killed during this bad weather.

Regular Session

March 18, 2014 Page 8 of 9

Personnel

Commissioner Smith made a Motion to go into Executive Session to discuss personnel matters. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Upon return from Executive Session, Commissioner Smith stated no action was taken while in Executive Session.

9-1-1

Commissioner Smith stated that there appears to be some discrepancies concerning salaries and longevity with 911 personnel and asked that those be looked at by Tina Lockard, Finance Officer and Lorene Vance, 911 Director.

Commissioner Smith made a Motion that Tina Lockard and Lorene Vance draft a proposal after reviewing the personnel matters of 911 to correct any discrepancies and present on April 2 nd at the regular session. Commissioner

Carter seconded. The vote was 2 yes. Motion carried.

County Commission

Commissioner Smith made a Motion to go into Executive Session to discuss personnel matters. Commissioner Carter seconded. The vote was 2 yes.

Motion carried.

Upon return from Executive Session Commission Smith stated no action was taken while in Executive Session.

Commissioner Smith stated that Mickey Gollihue has been a temporary employee without benefits and has requested to be placed on full-time to allow him to accrue time, etc.

Commissioner Smith made a Motion effective today to place Mickey

Gollihue to full-time employee status with the necessary benefits of pension, accruing time, etc., pay rate at $9.75/hour which is within his current pay scale.

Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Chief Court Marshal, Larry Croaff, requested that Billy Sammons be moved to full-time status as well having completed his probationary period.

Commissioner Smith made a Motion effective March 19 th that Billy

Sammons be moved to full-time employee status, with benefits, $8.00/hour upon completing psychological evaluation and drug test. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Adjourn

Commissioner Smith made a Motion to adjourn from the March 18, 2014

Regular Session. Commissioner Carter seconded. The vote was 2 yes. Motion carried.

Regular Session

March 18, 2014 Page 9 of 9

The Minutes of the Regular Session of the County Commission of Mingo County,

West Virginia was held on Tuesday, March 18, 2014 at 4:30 p.m. in the

Commission Courtroom, Room 136, First Floor, Courthouse, Williamson, West

Virginia were approved as presented this the ____ day of _____________, 2014.

ENTER:

_______________________________________

Greg Smith, President

ORDER:

_______________________________________

John Mark Hubbard, Commissioner

______________________________________

Mike Carter, Commissioner

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