Pendleton
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Commission Agenda
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Next Meeting: Tuesday, October 3, 2017

AGENDA FOR THE PENDLETON COUNTY COMMISSION MEETING TUESDAY, SEPTEMBER 19, 2017

  1. Call to order
  2. Minutes
  3. Maintenance Report
  4. Animal Policy for County Buildings
  5. Sign SCBG Amendment & Drawdown
  6. Fall Publication List/2016 Tax Year
  7. Sheriff's Monthly Financial Report
  8. Governor's Office - 11:00AM-12:00PM Special Election Road Bond Information
  9. Fiduciary Appointments
  10. Estate Settlements
  11. Exonerations
  12. Adjourn

UNAPPROVED MINUTES FOR SEPTEMBER 19, 2017 PENDLETON COUNTY COMMISSION MEETING

AT A REGULAR MEETING OF THE COUNTY COMMISSION HELD FOR PENDLETON COUNTY, WEST VIRGINIA, AT THE COURTHOUSE THEREOF, ON TUESDAY, SEPTEMBER 19, 2017.

PRESENT: GENE McCONNELL, PRESIDENT, AND COMMISSIONER CARL HEVENER AND COMMISSIONER RANDY ROBERSON.

Minutes of the September 5, 2017 meeting of the County Commission were unanimously approved.

MAINTENANCE ISSUES:

  • *Handicapped commode in men’s bathroom has been repaired.
  • *Sidewalk by the generator at the Courthouse has been fixed.
  • *The roof leak at the Pendleton Community Building was found and has been repaired.
  • High Street Parking lot – Some employees have begun to use the parking lot. The parking signs designating it for courthouse employees and patrons will be installed soon.

Kirk Wilson has examined the parking lot at the Pendleton Community Building and the Franklin Squad Building. He has proposed that the repairs be done in phases with Phase 1 being the installation of a water drainage system. Upon motion of Carl Hevener, vote unanimous, the Commission approved to begin the repairs. Karen Pitsenbarger will put out for bid.

The Commission reviewed an Animal Control Policy written by Gene McConnell and reviewed by Kevin Sponaugle, Prosecuting Attorney. Upon motion of Carl Hevener, vote unanimous, the following policy was approved and signed.

  • Animal Control Policy for Pendleton County Buildings and Property
  • Effective September 19, 2017
  • Purpose Statement
Pendleton County's policy on animal control is designed to preserve the safety of people and animals on county property and buildings, and to protect the County from liability in animal control incidents. Title Ill of Americans with Disabilities Act (ADA), Sections 36.302 (c) (l) through (c) (8), is incorporated, by reference, into this policy. Policy Inhumane or cruel treatment of animals on County is prohibited. Animals are not allowed in any county building with the exception of legitimate guide or service dogs and police K-9 units. Modifications to the Americans with Disabilities Act (ADA) specified that: (a) Only dogs will be recognized as service animals (b) Service animals are required to be leashed or harnessed except when performing work or tasks where such tethering would interfere with the dog's ability to perform. (c) Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals. A service animal must be specifically trained to DO something. If an animal is declared a service animal, the owner may be asked two questions as allowed by the US Department of Justice; l. Is this a service dog required because of a disability? and 2. What is it trained to do to mitigate the disability? The owner may not be queried regarding their disability. As there are no official certification agencies for service animals, the only acceptable document is a certification of training provided by the trainer of the service animal. However, this document is not a requirement. A person with a disability cannot be asked to remove his legitimate service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it or the animal poses a direct threat to the health or safety of others. These regulations include but are not limited to the animal owner's responsibility relative to animals on county property.
  • • Ensure the animal is not vicious or a threat to the safety of the public.
  • • Prevent the animal from interfering with legitimate public activities, i.e. ballgames, concerts, picnics, etc.
  • • To not bring non-service animals into any facility in which food is prepared or served.
  • • To keep the animal on a leash and under control while on county property.
  • • To keep the animal off all county athletic fields.
  • • To immediately clean up animal waste on county property.
  • • Animals may not be tethered and left unattended on county property.
  • • Animals may not be left in closed vehicles on county property.
  • • Ensure the animal is properly cared for by providing adequate food, water, shade and shelter.
  • • The owner is required to comply with all statutory requirements of the state of West Virginia regarding care and treatment of animals.
This Pendleton County Animal Control Policy is effective upon its approval, this the 19th day of September 19, 2017. President, Pendleton County Commission

Upon motion of Randy Roberson, vote unanimous, the Commission signed a Resolution and drawdown of funds from the Region 8 Small Cities Block Grant for the Seneca Rocks/Riverton Water Project in the amount of $210,710.14.

The Fall Publication list for tax year 2016 was presented by the Sheriff, approved and ordered filed.

The Sheriff’s Monthly Financial Statement for August 31, 2017 was recorded and filed.

There were no exonerations filed.

THE FOLLOWING APPOINTMENTS OF ADMINISTRATORS, EXECUTORS, ETC., DONE BY THE CLERK IN VACATION OF THE COMMISSION, WERE THIS DAY PRESENTED TO THE COMMISSION, APPROVED AND CONFIRMED.

The appointment of Barbara Simmons as Administratrix of the Estate of Daniel Clinton Rexrode, deceased; Bond $1,400.00 with R. Kent Simmons as Surety.

The probation of the Last Will and Testament of Lynn M. Rexrode, deceased; Witnesses by affidavits, Jonie Nelson and Timothy Huffman; The appointment of Mary Janette Propst as Executrix of the Estate of Lynn M. Rexrode, deceased; Permitted to qualify without bond as provided in the Last Will and Testament of the deceased.

The probation of the Last Will and Testament of Fannie Catherine Propst, deceased; Witnesses by affidavits, Caroline Sponaugle and Beth Kirk; The appointment of Judy Rose Rexrode as Executrix of the Estate of Fannie Catherine Propst, deceased; Permitted to qualify without bond as provided in the Last Will and Testament of the deceased.

The appointment of Juanita Phares as Administratrix of the Estate of Richard Paul Phares, deceased; Bond $500.00 with Alton Dove as Surety.

The probation of the Last Will and Testament of Gladys Hartman, deceased; Witnesses by affidavits, Natalie Chapman and Seth Chapman; The appointment of Frankie Hill as Executrix of the Estate of Gladys Hartman, deceased; Permitted to qualify without bond as provided in the Last Will and Testament of the deceased.

The appointment of Christina Fawley as Administratrix of the Estate of Dorothy M. Alt, deceased; Bond $500.00 with James Fawley as Surety.

The probation of the Last Will and Testament of Glenna A. Moyers, deceased; Witnesses by affidavits, John D. Kaleo and Timothy B. Albright; The appointment of Kevin Moyers as Ancillary Administrator of the Estate of Glenna A. Moyers, deceased; Bond $1,000.00 with Rita Hevener as Surety.

THE FOLLOWING SETTLEMENTS OF ACCOUNTS WERE THIS DAY PRESENTED TO THE COMMISSION, APPROVED AND ORDERED RECORDED AND FILED:

Jack C. DePoy, Executor of the Estate of Katherine A. DePoy aka Kitty A. DePoy, deceased; Waiver of Final Settlement

Kathy Kimble, Administratrix of the Estate of Nora M. Kimble, deceased; Report of Receipts, Disbursements and Distribution

James Rossi, WV Department of Highways District 8, Bob Ashley, Governor’s Legislative Director, and Lynn Phillips, Governor’s Regional Representative gave a presentation on the Road Bond Amendment.

ORDERED THAT COMMISSION DO ADJOURN UNTIL TUESDAY, OCTOBER 3, 2017.

__________________________________________________

PRESIDENT