MARION COUNTY COMMISSION COUNTY COURT FEBRUARY 1, 2012

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1 COUNTY COURT The Marion County Commission sat in regular session pursuant to its adjournment on Wednesday, Wednesday, January 25, Present were Commissioner Elliott, Commissioner Ward and President Tennant. The proceedings of Wednesday, January 25, 2012, together with those had and done under the supervision of Janice Cosco, Clerk and Recorder for the Marion County Commission on January 26 th, 27 th 30 th and 31 st 2012 were approved as submitted and signed. President Tennant called the meeting to order. Retired Reverend D. D. Meighen led the Court with a prayer. Ted Offutt the Director of the Day Report Center led the Court with the Pledge of Allegiance. Commissioner Elliott moved to dispense with the reading of the minutes of Wednesday, January 25, 2012 and except them as presented. Commissioner Ward seconded. President Tennant concurred. For the record note, James Priester, Assessor presented to the County Commission the following Exonerations for approval. Dated February, 2012 Nos. # through # Pursuant to the recommendation of James Priester, Assessor and approval of Patrick Wilson, Prosecuting Attorney; Commissioner Elliott moved the Commissioner President to sign Nos. # through # Commissioner Ward seconded. President Tennant concurred. The Commission received the Delinquent Estates, presented by the Fiduciary Supervisor, for the period of time beginning on August 9, 1982 and ending January 31, 2012.

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9 PAGE 9 Commissioner Elliott moved that the Commission sign the document of Delinquent Estates. Commissioner Ward seconded. President Tennant concurred. The Commission presented the appointment of Guy Ward to the Marion County Development Authority, Marion County Planning Commission and Region VI Planning and Development Board, to replace the late Wayne Stutler. Commissioner Elliott moved that the Commission appoint Commissioner Guy Ward to the Marion County Development Authority, Marion County Planning Commission and Region VI Planning and Development Board, to replace the late Wayne Stutler. President Tennant seconded. Motion passed. The Commission received a recommendation from the GIS Committee to award the Aerial Photography contract to GRW. Chairman Jim Priester stated that the GIS Committee had a Special Meeting on Tuesday, January 17 th, 2012 and received three bids from GRW of Lexington, Kentucky; L. R. Kimball of Ebensburg, Pennsylvania; and Pinnacle Mapping Technologies, Inc. of Fishers, Indiana; who submitted bids for the aerial photography for the County. He continued that the Committee had reviewed each of the proposals and we recommend to the County Commission that you accept the bid from GRW of Lexington, Kentucky. He added that GRW had also won the original bid in 2009 for that flight. He continued that they were very satisfactory in the deliverables; and with the communication which is very important throughout this process. He further stated that this aerial photography will serve as a back drop of a contract that the Commission paid for, for the Public Service Districts which we digitized all of their mapping.

10 PAGE 10 Chairman Priester added that this will also update the photography for the corridor. He stated that the flight will occur between March and April of 2012; and we should have the deliverables sometime around July or August Commissioner Elliott moved that the Commission does accept the recommendation from the GIS Committee to award the Aerial Photography contract to GRW. Commissioner Ward seconded. President Tennant concurred. For the record, note the Commission received from Sunshine Reclamation, Inc. their renewal sequence #10 for Permit #Q This will be located in the County Clerk s Office for public review. The Commission received a request for funds from Ministers Run Water Association.

11 PAGE 11 Lilly Parker was present to present their request for funds. She added that they are requesting in upwards of $20, to $25, according to her letter of request. Lilly Parker presented her petition to the Commission in that there have been problems in their billing of their customers and with that some customers have not paid because they have received a 5 month bill instead of a monthly bill. Therefore, the Association is not receiving payment from all of their customers. She continued that this has happened from that their main 6 inch line was broken by a contractor. She added that when you bring a line back to full pressure it causes other leaks throughout parts of the system that has been stressed. She continued that their Association had received an increase in their rate and was not aware of this in 2009 and the increase was placed on them until this past August. So therefore, she added that between the two things and the rate increase, they have had a lot of financial problems.

12 PAGE 12 Commissioner Elliott asked how many customers the water association has. Lilly Parker answered 150. Commissioner Elliott asked how funds do you require to fix your breaks. Lilly Parker answered that they had repaired those breaks. Lilly Parker further added that approximately 90 days ago they were at a 61% water loss not accounted for and now we are approximately at 10% water loss not accounted for. Lilly Parker believes that they know where that loss is located. She added that they have repaired four major breaks. Commissioner Ward asked if they are now up to date in their billing. Mrs. Parker answered that approximately a third of their customers has not paid. Commissioner Elliott asked how you are going to correct that problem and then go forward if the Commission assists you in this matter. Lilly Parker answered that their present problem is with Grant Town which is who they purchase their water from and who they owe the money to. She continued that they will go door to door to collect the money that is due to the Association. She stated that their water bill previously was about $3, and now it is close to $8,000.00; and that is where they are finding it difficult to make their payment and this is because of the water loss. Commissioner Elliott stated that the Commission has helped several Public Service District in the past with supplies but as far as paying water bills; we don t do that. Lilly Parker asked if the Commission makes grants or gives out low interest loans. Commissioner Elliott through a lengthy statement basically replied that he does not see how the Commission can use the County s tax dollars to pay a PSD or Water Association s water bill, where according to your statement a third of your customers are not paying their water bill to your Association. Lilly Parker answered that she understood his concerns. Commissioner Ward commented that he was under the impression that they were still having a lot of leaks from attending the meeting. Lilly Parker stated that they had fixed four of the big leaks. Commissioner Ward asked where the money came from to fix the leaks that you had. Lilly Parker answered that they did not spend any money. She continued that they used the pipe that they already had; however, the man hours they still have to pay for. Commissioners Ward and Elliott stated that the Commission could help with that. Lilly Parker also stated that they have pulled some meters that were needed to be repaired. Commissioners Ward and Elliott stated that the Commission could help with that as well through a no interest loan. Lilly Parker asked then asked if the commission would help with the cost of the meter reader and office expenses. Commissioner Elliott stated that if you cannot support yourself then the Commission through our assistance will only put off the inevitable and maybe you should consider joining with another water association. Lilly Parker answered that they are looking into some options. Commissioner Ward asked if there was a hearing on Thursday and what was it going to cover. Lilly Parker answered yes and further added that it will cover a leak adjustment; and they have told us no; they have also asked that their late charges eased; and they have told us no. Commissioner Elliott stated that when Grant Town had their water break the City of Fairmont forgave a considerable amount of their bill. Commissioner Elliott stated that he knows that for a fact. President Tennant stated that they should do the same for you in this matter.

13 PAGE 13 John Hawkinberry also spoke on behalf of the Water Association and its customers. He stated that their customers are good people and pay their bills. He added that this association has been self sufficient before and can be again once all of the issues are addressed. Commissioner Elliott moved that the Commission have a $20, limit in a type of a loan with a zero percent interest with a liberal pay back and that we pay invoices and that the money comes from the Coal Severance Tax. Commissioner Ward seconded. President Tennant concurred. Rita A. McCrobie, a Field Representative from the Attorney General Office came before the Commission to inform them that she will be coming around and be available to the resident of the county for concerns that they may have. She also stated that she will be in the Al Babcock Conference Room today after the meeting if anyone is in need for their Office s services. There being no further business to come before the County Commission, it is ordered that this Commission do now recess until, Wednesday, February 1 st 2012 at 1:00 p.m. for its next Session of the Board of Review and Equalization Hearings. Burley Butch Tennant, President