City of Point Pleasant, WV

Council Minutes

REGULAR MEETING
CITY COUNCIL
CITY OF POINT PLEASANT

April 7, 2003

The Common Council of the City of Point Pleasant, a municipal corporation in Mason County, West Virginia, met in Regular session at the City Building, 400 Viand Street at 7:00 P.M. on Monday, April 7, 2003.

       The following were found present: 

C. Edward Woomer - Mayor
Marilyn L. McDaniel - Certified Municipal Clerk
James M. Casey - City Attorney
Harriett O. Nibert - Administrative Assistant 

 and the following members of City Council:

William H. Wallace
M. Leota Sang
James H. Wilson
Kevin R. Nott
Robert A. Messick
Carol L. Jones
James W. Fetty
Elaine G. Hunt
Robert C. Doeffinger
Ronald R. Kapp

The meeting was called to order by Mayor C. Edward Woomer who led Council in the Pledge of Allegiance to the Flag.  City Clerk Marilyn L. McDaniel led Council in prayer.

Leota Sang reported that there were 97 participants who picked up 197 bags of trash at the Citywide Cleanup (litter awareness) on Saturday, April 5, 2003.  Ms. Sang expressed her appreciation to the teachers present for their encouragement to the students and presented certificates to the contest winners as follows:

Rita Mace
Melissa Tibbetts
Carolyn Hartenbach

Mayor Woomer introduced Patricia and John Sallaz who have been hired as the new managers for the Krodel Park Campground.  They have submitted a list for repairs/cleanup of the facilities and the first improvement was to paint the office.  There are plans for a weight loss program, bonfire and potluck each month, bluegrass/country music and other activities.  Ms. Sallaz reported that Judy Johnson has donated a large quantity of healthy yellow lilies for beautification of Krodel Park and a Cub Scout troop has volunteered to plant the flowers. It was suggested that in the future we consider the overflow area for traveling recreational vehicle organizations/clubs.

Loretta Van Meter, Director of Mason County Chapter of the American Red Cross was present to accept City’s offer of the former police chief’s office as new office for Red Cross in the county.  Ms. Van Meter requested Council approval for a sign.  She also requested keys for her and her caseworker which will be supplied.  Area director will be at May’s Council meeting to offer his personal thanks and give Council a plaque.  City Attorney James Casey will prepare a letter of agreement between the City and the Red Cross.

Lowell Cook, volunteer helping to secure easements for the North Point Pleasant Drainage Project, appeared to update Council on his progress.  He has secured approximately 50% of the required easements and is still talking with citizens living in area.  Also, speaking with WVDOT about right-of-way regarding lot on Monroe Avenue. 

Upon presentation of Darlene Haer, Point Pleasant Riverfront Project, Robert C. Doeffinger moved to approve the following invoices: (a) Alan Stone Co., Inc. Pay Application #9 in the amount of $72,020.95, recommended payment by Woolpert, LLP (TEA-21 3rd Year @ 50%) and (b) Alan Stone Co., Inc. Pay Application #10 in the amount of $76,165.42 (TEA-21 3rd Year @ 50%), and submit to the WV Department of Transportation (WVDOT), State Project U627-PPR/PK-1.0 Grant, with portions funded by the Federal FY 2002 EDI Special Project Grant and 1999 Transportation Entitlement grant.  Ronald Kapp seconded and the motion was unanimously approved.

Marsha Powell, 35 Windsor Court, submitted an invoice in the amount of $2,045.00 for repairs to her gazebo caused by trees on the City alley during the February 2003 ice storm.  Councilman William Wallace had problem with insurance company denying claim and felt that City should reimburse her.  Robert Doeffinger made motion to pay her which was seconded by Kevin Nott and unanimously approved.  Mayor Woomer informed Council that bids are being requested to remove trees. 

The minutes of the Regular Council meeting of March 10, 2003, minutes of the Special Council meeting of March 24, 2003, copies of the General Fund, Water and Sewer, and Coal Severance Financial Statements of March 31, 2003 were presented to each Council member  and unanimously approved on motion by Carol Jones; seconded by William Wallace.

On the motion of Carol Jones seconded by William Wallace the outstanding bills as presented on the Obligation Summary for March 2003 were approved for payment.

City Attorney James Casey reported the following:

(A)    Suncrest Cemetery deed will be recorded at the Mason County Courthouse as of April 8, 2003.

(B)    The West Virginia Municipal League is currently in negotiations with City National Bank regarding City National Bank V. City of Beckley, Civil Case No. 01-AA-12-B wherein Supreme Court of West Virginia found that bank was liable for B&O taxes on activity that had been “farmed” out to Cross Lanes location.  Attorney suggested that City determine amount owed and submit a payment schedule.

(C)  Reviewed letter from insurance company regarding Marsha Powell damage claim (see above).  Since City has agreed to pay, this is probably a moot point.

Mayor advised that he, City Inspector Stephen Williamson and Street Commissioner Willie Call met with Director of the Navy Yard (Defense Logistic Agency/DNSC) concerning paving of 26^th Street.  Director informed that they would not be able to directly pay for the job, as they are not approved to pay for work done outside of a Federal facility. They suggested the City pay for paving and do the job according to the specifications submitted by the Navy Yard. Then the Navy Yard would reimburse the City based upon a percentage street used by their trucks compared to a percentage street used by city residents. Attorney Casey mentioned that according to a letter he had received, a Federal facility could not pay but if 1 of 4 exceptions was met, they could. He felt that this situation met 2 or 3 of the exceptions. The city will get bids to do the job per specs. 

Mayor Woomer advised Council that as soon as the asphalt plant opened, work would begin on the paving of Lincoln and First Streets which Council had previously approved.  Mayor requested Council give approval for the paving of Ohio Street (at a cost of $18,268.00).  Bob Doeffinger moved to approve the paving of Ohio Street, seconded by Carol Jones and motion was unanimously approved.

Upon the recommendation of Jack Fowler, Point Pleasant River Museum Foundation President, Leota Sang moved to approve invoices for Carolina Holdings ($6,225.13), Elite Mechanical Contractors ($2,400.00), Lowe’s ($1,009.50), Sherwin Williams ($231.99), State Electric Supply ($11.80), Thomas Do-It Center ($1,078.09) and A WV Protection Services ($2,540.79), totaling $13,497.30; and submit to the Transportation Enhancement Program, West Virginia Department of Transportation ($60,000.00) for payment.  Motion was seconded by James Wilson and unanimously approved.

Mayor Woomer informed Council that Tim Potter with the Mason County Little League had talked with him concerning new ball fields at Harmon Park.  The league is working on moving field which will be taken by the Drainage Ditch Project and setting up new field in property adjacent to the park.

Council approved “AN ORDINANCE FOR CROSS-CONNECTION CONTROL” on second reading with the right to amend on the motion of Robert Doeffinger seconded by James Wilson.

James Wilson made a motion to adopt a RESOLUTION as presented by Mayor Woomer, honoring deceased Coach Richard “Dick” Ware for his many contributions to the athletics and athletes of Point Pleasant.  A copy of the RESOLUTION is attached as part of these minutes.  Ronald Kapp seconded and the motion passed unanimously.

Carol Jones moved to adopt a PROCLAMATION as presented by Mayor Woomer, to proclaim the month of April as FAIR HOUSING MONTH in the City of Point Pleasant.  A copy of the PROCLAMATION is attached as part of these minutes.  James Wilson seconded and the motion passed unanimously.

William Wallace introduced Don Duncan, a resident of the area where the North Point Pleasant Drainage Project will be constructed, who wanted to know what the procedure would be if someone does not sign easement.  The City will institute condemnation proceedings according to ordinance and state laws.  Jury will decide a final outcome.

Leota Sang recommended the City check into getting a billboard to recognize the troops from this area that are currently serving in the Gulf.  She asked about the progress of the opening of 30^th Street to English Court and distressed property ordinance.  Mayor informed her that the City is investigating the cost of opening 30^th Street and that City Inspector and City Attorney are working to update distressed property ordinance.

Robert Doeffinger asked about tourism/water office.  Mayor informed him of the following:

(A) Parking lot to be paved April 8

(B) Computer/telephone hookups April 9

(C) Water office move April 11

(D) Police Department move upstairs April 14  

Carol Jones informed Council that the Donnie Jones Basketball Camp will be held again this summer.  The City will need to pay $50 for the custodian for this and Carl Lee’s Football Camp.  She thanked Mayor for putting up speed limit signs in Meadowbrook.  She asked if a fence could be put up in Krodel to separate trailer area from neighbors’ property.  Mayor requested that she get cost estimates.

James Wilson notified Council that the City had received a $5,000.00 grant to purchase a slide for the pool.  The Mayor was going to get 3 estimates.  Ronald Kapp moved that approval be given to spend this money for a slide.  Motion was seconded by William Wallace and passed.  James Wilson made a motion, seconded by William Wallace, to include recreation donation as part of new water bills retroactive to March bills.  Motion was approved.  Councilman Wilson asked why there was no flag at Tu-Endei-Wei Park.  Mayor and City Inspector had talked to park manager who informed them that due to cost restraints, the flag will only be flown when the park is officially opened.

Ronald Kapp requested that Mayor check with insurance company regarding city liability insurance covering basketball and football camps, regatta and other city-sponsored events.

On a motion made by Robert Messick and seconded by Kevin Nott, the meeting was adjourned at 9:20 P.M.