The Minutes of the Regular Session of the County Commission of Mingo County,West Virginia was held on Tuesday, October 21,2014 at 4:30 p.m. in theCommission Courtroom, Room 136, First Floor, Courthouse, Williamson, WestVirginia were approved as presented this the _5#.- day of lJoVC!nbe.r ,2014.

ENTER:

Greg Smith, President

ORDER:

STATE OF WEST VIRGINIACOUNTY OF MINGO, to-wit:

The County Commission of Mingo County met in Regular Session onTuesday, October 21,2014, at 4:30 p.m. in the Commission Courtroom, Room136, First Floor, Courthouse, Williamson, West Virginia. Present for the meetingwere Commissioners Greg Smith, John Mark Hubbard and Ronnie Blankenship.

A quorum being present and the public being duly notified, the meetingwas called to order at 4:30 p.m. by Commissioner Smith.

Minutes

Tina Abbott presented the following Minutes for approve and to be placedon record:

• October 1,2014 (Regular Session)• October 9,2014 (Special Session)• October 17, 2014 (Special Session)

Commissioner Blankenship made a Motion to approve the Minutes aspresented and place on record. Commissioner Hubbard seconded. The votewas unanimous. Motion carried.

Impropers

Real Estate and Personal Property deemed by investigation to beimproper was presented for authorization of the same to be stipulated on theLand Books and Personal Property books on behalf of the Assessor's office.

Commissioner Hubbard made a Motion to approve the Impropers aspresented being approved and signed by the Prosecuting Attorney and theAssessor. Commissioner Blankenship seconded. The vote was unanimous.Motion carried.

Estate of Billy G. Walters: Petition to Admit LW&T of Billy G. Walters toProbate & to Appoint Jerry Hurley as Administrator Cum TestamentoAnnexo

Chris Harris, Attorney representing Jerry Hurley, appeared before theCommission. Harris stated Jerry Hurley was appointed as the administrator ofhis uncle, Bill G. Waiters', estate when he died at the time thinking it wasintestate. Harris stated since that time a last will & testament of Billy G. Waltershas been discovered and the will names two individuals, Steve Walters and PaulLawson as substitute co-executors of the estate and they have declined to serveand the declinations of service are attached to the Petition as Exhibit "C" andthey both have requested that the nephew, Jerry Hurley, be appointed over theestate as Administrator Cum Testamento Annexo, which is with will attached.Harris requested the Commission approve and allow Hurley to serve under thesame bond that he was initially serving under.

Commissioner Smith made a Motion to approve the Petition as presentedand Jerry Hurley be appointed as Administrator Cum Testamento Annexo andserve under the same bond as previously posted in the amount of $1 ,000.Commissioner Blankenship seconded. The vote was unanimous. Motion carried.

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Mapping: Update

Dave Warden, Mapping, appeared before the Commission to give anupdate to the status of the county-wide permanent address mapping. Wardenstated they continue to complete the USPS forms with some being completedand now being active permanent addresses. Warden stated Williamson andChattaroy were completed and will be submitted tomorrow. Warden statedDelbarton will also be completed as of tomorrow as well. Warden stated they arecurrently working on Gilbert area and will be working on finishing Kermit andMarrowbone. Warden stated it is time consuming to complete the forms.Warden stated all the cities are completed. Warden stated that USPS will sendout letters once the permanent addresses are approved to each resident.Warden stated Twelve Pole and Dingess areas have received letters already, aswell as Varney and Ragland. Warden stated once you receive these letters thatis your physical and mailing address.

Commissioner Smith stated he has heard confusion about the address forthe power company bills being different from the mapping address. Wardenstated if it is a post office box their permanent physical address is what they willneed to give to the power company and if it is an actual route address they willhave to give them the address that is sent to them from the USPS.Commissioner Smith asked if these notices come directly from the USPS or themapping dept. Warden replied from the USPS.

Commissioner Smith asked Warden what process a new structure willfollow to get a permanent physical address. Warden stated they will contactmapping and will be asked questions about where they are located, etc. and thatinformation will be submitted via email for approval of an address.

Commissioner Smith asked Warden to submit a written report detailing thestatus as discussed here today noting the areas with addresses approved,pending and what has been submitted and yet to be submitted. CommissionerSmith asked Warden to return in approximately 60 days with another update.

Upward Bound: Progress Report

Eugene Sisco, Mingo County Upward Bound Director, appeared beforethe Commission. Sisco stated they recently interviewed candidates for thevacant position of program counselor and would recommend to the Commissionapproval to hire Craig Wagner at a starting salary of $23,000. Sisco statedWagner is a Mingo County resident and is currently willing to leave his positionas a teacher to take this position because of the program.

Commissioner Smith made a Motion to approve the request of EugeneSisco to offer Craig Wagner the program counselor position at Upward Bound ata salary of $23,000/year. Commissioner Hubbard seconded. The vote wasunanimous. Motion carried.

Mingo County PSD: Request Financial Assistance

JB Heflin, Mingo Co PSD Manager, appeared before the Commission.Heflin stated they continue to work on the Ben Creek Water Project and aregetting ready to begin some condemnations due to property being in heirship oran estate and hope to be able to put this project out to bid soon. Heflinrequested financial assistance of $5,000 to continue helping with project.

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Commissioner Hubbard made a Motion to approve a contribution of$5,000 to the Mingo County PSD to assist with the Ben Creek Water Project.Commissioner Blankenship seconded. The vote was unanimous. Motion carried.

Family Resource Network: Office Space

No one appeared.

Williamson Fire Dept.: Request FY 2015 Allotment

Jerry Mounts, Williamson Fire Dept. Chief, appeared before theCommission to request FY 2015 allotment for the department.

Commissioner Hubbard made a Motion to make a donation to theWilliamson Fire Dept. of $2,500 as allotted. Commissioner Blankenshipseconded. The vote was unanimous. Motion carried.

Delbarton Volunteer Fire Dept.: Request FY 2015 Allotment for sub-station

Commissioner Smith stated that he has been asked by the DelbartonVolunteer Fire Dept. for their FY 2015 allotment for their sub-station at PigeonCreek.

Commissioner Smith made a Motion to approve the FY 2015 allotment of$2,500 for the Delbarton Volunteer Fire Dept. Commissioner Hubbard seconded.The vote was unanimous. Motion carried.

Jacob's Well Food Pantry: Request Financial Assistance

Janette O'Brien, Jacob's Well Food Pantry, appeared before theCommission. O'Brien requested financial assistance for the food pantry due tothe upcoming holidays. O'Brien stated they continue to increase in the numbersthey feed daily and they are open 7 days a week and twice on Friday. O'Brienrequested $2,500.

Commissioner Smith made a Motion to approve a $2,500 contribution toJacob's Well Food Pantry. Commissioner Hubbard seconded. The vote wasunanimous. Motion carried.

Larry Joe Harless Center: Request Financial Assistance

The Commission received a request from the Larry Joe Harless Centerrequesting financial assistance for the center in the amount of $5,000.

Commissioner Hubbard made a Motion to approve a $5,000 donation tothe Larry Joe Harless Center. Commissioner Blankenship seconded. The votewas unanimous. Motion carried.

Town of Delbarton: Request Financial Assistance for electrical work atpark

Glen Rutledge stated he contacted the State Auditor's office concerningthe question if payment could be made for the electrical work completed at thepark some time ago. Rutledge stated the Commission received a response andstated that it would okay to pay the vendor directly for services rendered.

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Commissioner Smith made a Motion to pay R&D Construction directly forthe work completed at Elk Creek Park in the amount of $4,000. CommissionerHubbard seconded. The vote was unanimous. Motion carried.

WV Ministry of Advocacy & Work Camp Inc. (WVMAW): Request FinancialAssistance

Commissioner Smith stated this group is partnering on the flood issue atChattaroy where the trailers were condemned and we are going to open that up.Commissioner Smith stated the trailers were donated to WVMAW and they aregoing to restore those to make them livable and provide to needy familiesthrough their organization. They have asked for assistance in moving thosetrailers to their location and requested $4,500 to assist with that cost.

Commissioner Smith made a Motion to make a contribution up to $4,500contingent upon producing 501 non-profit documentation to assist in moving andrelocating trailers. Commissioner Blankenship seconded. The vote wasunanimous. Motion carried.

Project Lifesaver: Request pay for training & instructor

Doug Goolsby appeared before the Commission to request payment forinstructors and training for the Project Lifesaver project. Goolsby stated thesupplies have been ordered. Goolsby stated he will be requesting one memberfrom each fire dept. attend the training. Goolsby stated the cost for the 3 days oftraining & instructors is $803.00 and this will be done through the Wood CountyProject Lifesaver Project.

Commissioner Smith made a Motion to approve payment of $803.00 toWood County Project Lifesaver for the training/instructor. CommissionerBlankenship seconded. The vote was unanimous. Motion carried.

Vehicles: Transfer 2005 Jeep from Litter Control to County Garage

Jerry Colegrove, county mechanic, appeared before the Commission torequest the 2005 Jeep Liberty that Litter Control was using be transferred to thecounty garage for use by mechanic assistant and the prosecuting attorney'soffice. Colegrove stated litter control is using a pick-up now and does not needthe Jeep.

Commissioner Hubbard made a Motion to approve the transfer of the2005 Jeep from Litter Control to the county garage. Commissioner Blankenshipseconded. The vote was unanimous. Motion carried.

Flood Wall Certifications: Williamson Creek, Harvey St. and WestWilliamson Pump Stations

Commissioner Smith stated the Commission has received the writtenreports for the flood wall certifications in the Williamson area and are requestingthat those be signed off on and forwarded to the engineering company.

Commissioner Hubbard made a Motion to approve the CommissionPresident to sign the certification Operations & Maintenance Manuals of theWilliamson Floodwall including West Williamson, Williamson Creek and HarveyStreet Pump Station. Commissioner Blankenship seconded. The vote wasunanimous. Motion carried.

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Day Report Board: Appoint Member

Commissioner Smith stated that there is a vacancy on the Day ReportBoard for Mingo County and the other counties have their Sheriff as arepresentative and Sheriff Smith has been asked if he would be willing to serveon this board as well and he has agreed.

Commissioner Smith made a Motion to appoint James Smith, MingoCounty Sheriff, to fill the vacancy on the Day Report Board upon taking the Oathof Office. Commissioner Hubbard seconded. The vote was unanimous. Motioncarried.

Corridor G Redevelopment Authority Board: Appoint board member

Commissioner Smith stated that Mike Carter previously submitted hisresignation from the Corridor G Redevelopment Authority Board which requiresthe board member to be one of the county commissioners and now that seatneeds to be filled. Commissioner Smith stated he would be willing to sit on thatboard.

Commissioner Hubbard made a Motion to appoint Greg Smith to theCorridor G Redevelopment Authority Board upon taking the Oath of Office.Commissioner Blankenship seconded. The vote was unanimous. Motion carried.

Cox Wrecker Service: Request reinstatement to 9-1-1 call list

Matter was previously addressed and placed on the agenda in error.

Southern EMS: Request Certificate of Need, Request to be placed on 9-1-1call list

No one appeared.

Floodplain Ordinance Amendment: First Reading

Amanda Starr requested this matter be placed on the November s"agenda due to the State office continuing legal review of the Ordinance and hopeto have completed by next week.

Commissioner Smith stated as an update that parts of the county will beremoved from the amended flood map and when the new maps are approved itshould assist our residents with flood insurance.

Abandoned Bldg. & Dilapidated Structure Ordinance: Amendment

Glen Rutledge, counsel, presented the Abandoned Bldg & DilapidatedStructure Ordinance amendment. Rutledge stating after meeting and speakingwith members of the enforcement agency there needed to be an amendment tothe meeting date which is presently set forth in the ordinance on the thirdWednesday at 7:00 pm and that was inconvenient so the requested date changehas been made and gives the board the authority to change the date whenevernecessary by majority vote. Rutledge stated it also amends the part readingcounty health officer to now reading health officer and his or her designee.

Commissioner Smith made a Motion to approve the first reading of theAbandoned Building & Dilapidated Structure Ordinance Amendment and set for2nd reading and approval on the November s" agenda. Commissioner Hubbardseconded. The vote was unanimous. Motion carried.

Grants: Leigh Ann Ray, Grants Coordinator

Ben Creek Water Project Phase 1

Ray stated Mike Webb from Region 2 could not be present and she ispresenting Drawdown Request # 2 on the small cities block grant for the BenCreek Water Project in the amount of $3,624.42 and this covers five invoicesfrom Region 2 Planning & Development Council.

Commissioner Blankenship made a Motion to approve the drawdownrequest as presented for the Ben Creek Water Project and further authorizesignature of the same. Commissioner Hubbard seconded. The vote wasunanimous. Motion carried.

Homeland Security Grant - Sheriff Dept.

Ray presented a reimbursement request in the amount of $35,725 for thepayment of the 25 portable radios that the Sheriff Dept. received through the WVDivision of Homeland Security & Emergency Management's Homeland SecurityGrant program.

Commissioner Hubbard made a Motion to approve the reimbursementrequest as presented for the purchase of radios for the sheriff's dept. in theamount of $35,725. Commissioner Blankenship seconded. The vote wasunanimous. Motion carried.

Homeland Security Grant - Mingo Co Emergency Services & Fire Depts.

Ray stated the Commission was awarded funding through the WV Divisionof Homeland Security grant program to purchase mobile radios for the MingoCounty Emergency Services and the county's fire depts. and presented areimbursement request in the amount of $39,034.60.

Commissioner Blankenship made a Motion to approve the reimbursementrequest as presented for $39,0324.60 for the purchase of mobile radio units andfurther authorize the Commission President to sign the same. CommissionerHubbard seconded. The vote was unanimous. Motion carried.

Mingo County Circuit Clerk

Rays stated the Commission has been awarded $10,000 through the WVDivision of Culture & History's Records Management & Preservation Grantprogram to digitize records stored in the Mingo County Circuit Clerk Office's vaultand quarterly reports must be submitted throughout the duration of the project.Ray presented the report and resolution for approval and signature. Ray statedthat project is currently in the processing of being completed.

Commissioner Hubbard made a Motion to approve the quarterly report aspresented and further authorize the Commission President to sign the same.Commissioner Blankenship seconded. The vote was unanimous. Motion carried.

Ray stated also an application for funding for the next round of funding forsame project must be submitted and presented for approval. Ray stated theapplication will be requesting $10,000 again to assist with the digitization in theCircuit Clerk's office. Ray stated the clerk's office is asking for this funding to beused for overtime to allow their employees to do the work because of the some ofthe sensitive documents.

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Commissioner Hubbard made a Motion to approve the funding applicationfor the Circuit Clerk's office as presented and further authorize the CommissionPresident to sign the same. Commissioner Blankenship seconded. The vote wasunanimous. Motion carried.

Orders & Settlements

Orders & Settlements were presented on behalf of the County Clerk'soffice for approval and to be placed on record.

Commissioner Hubbard made a Motion to approve the Orders &Settlements as presented. Commissioner Blankenship seconded.Commissioner Smith abstained. The vote was 2 yes /1 abstain. Motion carried.

Correspondence on Record

Tina Abbott presented the following correspondence to be placed onrecord:

• Rawl Sales & Processing Permit # U-5020-00 Increment I phase IIIbond release

• Spartan Mining Co Permit # U-5071-92 phase III bond release• Coal Mac Incremental Phase 2 & 3 Release Application Permit # S-

5016-93• National Flood Insurance Program notification• SW Regional Day Report Center (10-13-2014)• City of Williamson (10-15-2014)

Commissioner Smith made a Motion to approve the correspondence to beplaced on record as presented. Commissioner Blankenship seconded. The votewas unanimous. Motion carried.

Accounts Payables

Commissioner Smith made a Motion to approve the accounts payables, asmonies are made available. Commissioner Hubbard seconded. The vote wasunanimous. Motion carried.

Personnel

County Commission

No matters were discussed.

Ambulance - EMT

Doug Goolsby, Emergency Services Director, stated Michael Mountsresigned from the ambulance service due to moving out of the area and Goolsbyrecommended replacing his position with Larry Brown who is a certified EMT andis an employee with the Williamson Fire Dept.

Commissioner Hubbard made a Motion to approve the hiring of LarryBrown as an EMT on the county ambulance at the base rate of new employee forthis position. Commissioner Blankenship seconded. The vote was unanimous.Motion carried.

Public

No one from the public appeared.

Adjourn

Commissioner Hubbard made a Motion to adjourn from the October 21,2014 Regular Session. Commissioner Blankenship seconded. The vote wasunanimous. Motion carried.