Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



August 11, 2003The 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, August 11, 2003.The following were found present:

James H. Wilson - MayorStanton D. Burdette - City ClerkHarriett Nibert – Administrative Assistant

James M. Casey – City Attorney

and the following members of City Council:

Brian L. BillingsElaine G. HuntCarol C. JonesJames W. FettyRonald R. KappM. Leota SangRobert C. DoeffingerRobert A. Messick

Kevin R. Nott

Absent was Council member

William H. Wallace.

Council member M. Leota Sang led Council in prayer. The meeting was called to order by Mayor James H. Wilson who led in the Pledge of Allegiance to the Flag.Darlene Haer (Riverfront Park Project) presented Council with invoices for payment. The first was from Woolpert, Inc. in the amount of $1,700.00. The second was from Alan Stone (Pay Application #14) in the amount of $122,654.12 for the handicap access ramp and stair rails. Carol L. Jones made the motion to pay the invoices, Robert C. Doeffinger seconded. The motion passed unanimously.Mrs. Haer presented a change-order dealing with anchoring three light poles on the South end of the park. The total cost would be approximately $1,000.00 for the anchoring of all three poles. Ronald R. Kapp made a motion to approve the change order and Carol L. Jones added the seconded. The motion passed unanimously.Lastly, Mrs. Haer presented a letter from Woolpert, Inc. asking the City to extend their contract for administration services from 64 to 71 weeks in the amount of $9,300.00. Robert C. Doeffinger suggested a change-order in the amount of $5,000.00 and if the City received additional funding, the City would entertain a second request for $4,300.00. Mr. Doeffinger then phrased his suggestion in the form of a motion. M. Leota Sang seconded the motion and the motion passed unanimously.Mayor Wilson recognized Betty Kauff of the Battle Days committee. She stated Jack Coles would speak on the committee’s behalf. Mr. Coles stated that the committee needed storage space for items that the committee sells during events. The City has provided the committee with various storage areas but all were undesirable. The committee needs dry storage space for their sole use that can be locked. Mayor Wilson stated that he would look into the situation and try to find a suitable solution. George Lamp also remarked that Battle Days should be bigger than ever with over 200 S.A.R.(Sons of American Revolution) members. He stated that Raymond G. Musgrave is chairman of the National Society and members would be coming from all over the nation.Mayor Wilson then gave the floor to City Police Chief Ronnie Spencer. He spoke of the Regional Jail opening on November 15. The City will have to transport anyone arrested to the new Regional Jail. It also will present problems in transporting female prisoners, as it will take two male officers or one female officer to transport them to the new jail. Chief Spencer stated the Council and Mayor would need to make some decisions on how to deal with this situation. Robert C. Doeffinger and City Attorney James M. Casey stated the City should talk to other municipalities that have already been through this. In closing, Chief Spencer said he would be back to the next regular Council meeting.Robert C. Doeffinger made a motion to approve the minutes of the Regular Council meeting of July 7, 2003, and the Special Council meetings of July 22, 2003 and August 5, 2003; also the minutes of the Public Hearings of July 22, 2003 and August 5, 2003. Ronald R. Kapp seconded the motion. Upon discussion, Brian Billings noted that a change of date was necessary to the August 5, 2003 minutes. (It was dated July 22, 2003). The motion passed unanimously upon the correction being made.Carol L. Jones made a motion to approve the Financial Statements for the General Fund, Water/Sewer Fund and the Coal Severance Fund of July 31, 2003. Kevin R. Nott seconded the motion. In discussion, Brian L. Billings asked if the City checked pricing when purchasing items. The Mayor stated that larger items are checked for competitive pricing. Robert C. Doeffinger questioned why the City spent approximately $80,000.00 more this month than last month. Ronald R. Kapp said $25,000.00 was for Liability Insurance. Mayor Wilson stated that Finance Director Ronald Siders had been on vacation and he didn’t have an opportunity to discuss the finance report with him. The Mayor stated he would clarify the expenditures with Mr. Siders and back in touch with Council. After all discussions, the financial statements were unanimously approved. Upon presentation of the Outstanding Obligations for July 2003, Ronald R. Kapp made a motion to approve, Robert A. Messick seconded the motion and it was approved unanimously.City Attorney James M. Casey said he has contacted the West Virginia Municipal League for information on Uniform Ordinances and Bidding procedures. He also has looked into the signs at the intersection of Sand Hill Road. He stated these are against the City ordinances. The Mayor added that he wanted to speak to Council about this before sending letters to sign owners asking them to remove them. Attorney Casey clarified the ordinance: NO SIGN SHALL BE PLACED ON PUBLICLY OWNED RIGHT OF WAYS EXCEPT PUBLICLY OWNED SIGNS AND TRAFFIC CONTROL AND DIRECTIONAL SIGNS. M. Leota Sang stated that Yard Sale signs have been a problem again this summer and this ordinance should be enforced also.Next on the agenda was the final reading of THE REVISIONS OF THE 1972 CITY OF POINT PLEASANT ZONING ORDINANCE. Elaine G. hunt made a motion to table any action until the next meeting. Robert C. Doeffinger added the second. The motion passed unanimously. A discussion on fencing in the regulations ensued. Elaine G. Hunt then amended her motion to lay over to the next meeting with the right to amend the zoning regulation changes.Attorney Casey then presented the zoning changes of 1516-1/2 Kanawha Street from R3 to B2 (approved by Planning Commission) for Earl and Betty Owens. This would be necessary for a craft shop. Robert C. Doeffinger made a motion to conditionally approve the change as long as Mr. & Mrs. Owens reside there, the property would revert back to R3 if they move or sell. M. Leota Sang seconded the motion. Upon discussion, Mr. Doeffinger stated that this was a nice area, but with spot zoning, if the Owens’ would move, someone might want to put a less desirable business there. That is why he suggested it go back to R3. The motion passed unanimously.Mr. Casey clarified the ordinance on fences around swimming pools. He stated there must be a fence of at least 5 feet in height, either around the pool or around the property. Also, he stated he was working with Building Inspector Greg Walker on the ordinances dealing with abandoned cars and distressed properties. They are currently working on a couple of test cases to properly enforce the ordinances; these cases will go before the municipal judge. Robert C. Doeffinger stated it was Councils responsibility to the citizens to take care of these problems. Mayor Wilson added that several abandoned automobiles had been removed from First Street. Mr. Casey also stated that a party owing the City B&O taxes had agreed to resolve that problem. Referring to the 26th Street Paving Project, Mr. Casey has been looking over letters from the government dealing with the project. He stated the City had some requirements to agree upon before the paving project could proceed.Attorney Casey stated he had also gotten material from the municipal league to streamline the process for dealing with businesses that are delinquent in B&O taxes. Again they will be forced to appear before the Municipal Judge. Lastly, Mr. Casey talked about an Allegheny Energy Co. 10’X10’ lease. Ronald R. Kapp stated the company was going to put another station on this property. Mr. Kapp wanted clarification if the lease allowed this.M. Leota Sang asked Mr. Casey for clarification on where the City is now with regards to distressed property and abandoned cars. He stated that an enforcement agency is being put together. They would set the rules for enforcing the ordinances, and would notify owners and go through a process up to and including bringing them before the Municipal Judge.City Clerk Stanton D. Burdette asked for a motion to approve the second reading of an ORDINANCE FOR APPROVAL OF THE REPLACEMENT PAGES OF THE CODIFIED ORDINANCES. Robert C. Doeffinger made the motion and Kevin R. Knott seconded. After discussion the motion passed unanimously.Next on the Agenda was a motion to approve the Codification Supplement agreement dated June 13, 2003. Council had requested earlier that other companies might be looked into for this agreement. Clerk Burdette stated that he had not found another company that does this type of work.The West Virginia Municipal League recommended the Walter H. Drane Company, whom the agreement was with. Ronald R. Kapp made a motion to approve the agreement, Kevin R. Nott seconded and the motion unanimously passed.Clerk Burdette then presented the Krodel Walking Trail invoices in the amount of $1,300.00. M. Leota Sang made a motion to approve, Kevin R. Nott seconded and the motion passed unanimously.Presented next by Clerk Burdette were the Invoices for the River Museum in the amount of $1,595.24. Robert L. Doeffinger made a motion to approve and M. Leota Sang seconded. This motion also passed unanimously.Mayor Wilson then took the floor with the Mayor’s Agenda. He stated the Riverfront Park Probably wouldn’t be done by August 22. He said that he expected it to be delayed maybe a week or so. He stated he had been to the River Museum Board Meeting and they think they have funding secured for the elevator. They will have shortened hours in the winter. Krodel Park has been doing well with the campers. They have been full all summer and are working on the overflow area. The drainage canal project has about half of the property owners signed on to allow the project to proceed. The first phase may be started after the Mayor speaks with Mrs. Lutton and the Sewer committees. The first City Newsletter is about ready to be circulated. It contains a lot of information citizens want and need to know about the City. It will be called, "A Point of Interest." The Mayor stated the City will begin painting crosswalks next week in preparation for the school year. He stated the City would have to work with the school system on the traffic flow around the new Point Pleasant Intermediate School. The new slide has been ordered for the City pool but it has not arrived yet. The "Hometown Pride" committee has been formed. This is the committee Sandy Dunn suggested the City form to bring activities to the Riverfront Park to help increase commerce in the downtown area. There are 15 members from several different organizations. The Mayor stated the committee has been working on the activities for when the Riverboat Tour is here on August 25 and 26. Hopefully, this will encourage more boat tours to stop.Mayor Wilson then asked for a motion to nominate Elaine G. Hunt to the Emergency Ambulance Authority Board. Ronald R. Kapp made the motion, Brian L. Billings seconded and the motion passed unanimously. Elaine G. Hunt was asked to report back to the Mayor on how long the term will last. Mayor Wilson commented on the fine job Mrs. Hunt does on this board.Mayor Wilson subsequently asked for a motion to change the September council meeting to Tuesday September 9, 2003, due to the annual meeting of the WV Rural Water Association. Kevin R. Nott made the motion and Carol L. Jones seconded. The motion passed unanimously.The Mayor also stated that he was working with the Fire Department and might be able to burn some distressed properties. Also he talked with the Finance Director Ron Siders about the billing invoices for the fire truck. Jeremy Bryant told the Mayor the City hadn’t been paying the invoices on the truck. The Mayor stated that he will try to resolve the problem.M. Leota Sang stated that the street lights are going on and off intermittently. The Mayor stated that the City would get in touch with AEP.Kevin R, Nott mentioned the new pavement on Jackson Avenue near Wendy’s has slipped. The Mayor stated that Street Commissioner Jim Fetty will get in touch with the D.O.H.Carol L. Jones stated the concrete is broken badly at the Bays residence on Meadowbrook Drive.Brian L. Billings stated that stop signs in Ward 2 have been spray painted and the brush along the bridge at the Route 2 bypass needs cut.Ronald R. Kapp added that the October meeting is on Columbus Day. That meeting date will need to be changed.In closing, Mayor Wilson read a letter of appreciation from Donnie Jones for for the City’s assistance with the Donnie Jones Basketball Camp. Also, the Mayor received letters of thanks for work done by City employees from Susan Bowser, Ellen and John Ross, and Diana Dingess. Earl and Betty Owens also sent a letter of appreciation for being chosen for the Yard of the Month award.Being no other business, Kevin Nott made a motion to adjourn. Carol L. Jones seconded and the meeting adjourned at 9:42 pm.

_______________________________     ______________________________

Stanton D. Burdette, City Clerk                   James H. Wilson, Mayor


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