Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



December 8, 2003





Mayor James H. Wilson X  
City Clerk Stanton D. Burdette X  
City Attorney James M. Casey X  
Finance Director Ron Siders X  
Executive Secretary Harriett Nibert X  
Municipal Judge Jeremy T. Vickers   X
At Large Brian Billings X  
At Large Kevin R. Nott X  
First Ward James W. Fetty X  
Second Ward Robert C. Doeffinger, Jr. X  
Third Ward M. Leota Sang X  
Fourth Ward Robert A. Messick   X
Fifth Ward Elaine Grimm Hunt   X
Sixth Ward Ronald R. Kapp X  
Seventh Ward William H. Wallace X  
Eighth Ward Carol L. Jones X  


The minutes posted to these pages are the exact words contained in the official minutes on file in the City Clerks office. The format has been changed to make the information easier to read when presented in an Interned browser. Every effort is made to insure accuracy in transferring the information to these pages.  In all cases, the document on file at the City Building will be considered the official document.

December 8, 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, December 8, 2003.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.City Inspector Greg Walker explained that Carla Whalen had approached the City about putting a single-chair beauty salon in a building located on her property on Marquette Avenue. According to Mr. Walker, Ms. Whalen had the right to ask for conditional use of the property. She had previously appeared before the Planning Commission and the Board of Zoning Appeals asking for a Conditional-Use Variance for a home occupation in an R-2 zone. This was denied by the Board of Zoning Appeals. Ms. Whalen is now before Council asking that her property be rezoned B-2. Ms. Whalen addressed several concerns that had arisen at the earlier meetings. Those in attendance speaking in support of the proposed zoning change were; Sandy Dunn, Jerrie Howard. Those in attendance voicing their concerns in opposition to the proposed changes were; Wilma Withers, Fern O’Neil, Roy McKinney, Jay Sheridan, Debby Hickel and Rosetta Tolliver. Each were given the opportunity to speak and then members of Council were given the opportunity ask questions. Carol L. Jones stated that she only counted 5 names on the petition in favor of the zoning change that lived in the neighborhood. Wilma Withers then added that the petition in opposition to the zoning change contained 62 names of residents whom lived within a 2-block radius.Upon completion of the questions by Council, Brian L. Billings made a motion to honor Ms. Whalen’s’ request and rezone the property from R-2 to B-2 with conditional usage. Kevin R. Nott seconded the motion. After discussion on restrictions, Councilman Billings amended the motion to include the following restrictions:

1) Single employee/operator shop, personal to her.2) Only open between 9am and 9pm, no new customers after 9pm, Monday thru Saturday.3) Nature of business cannot change.4) Residence and business property cannot separate.5) Only sign to be located on door.

6) Reverts back to R-2 if business closes or is not in operation for a period more than 3 months, unless there are extenuating circumstances.

After lengthy discussion, Council voted 6-2 in favor of the zoning change with restrictions. Those voting in opposition to the change were Carol L. Jones and Ronald R. Kapp. Mayor Wilson added that Councilman Robert A. Messick (who was absent due to illness) was opposed.Mayor Wilson then asked for a motion to approve the council minutes of November 10, 2003. Ronald R. Kapp made a motion to approve and Robert C. Doeffinger seconded. There being no discussion, the motion was approved unanimously. Robert C. Doeffinger made a motion to approve the Outstanding Obligations and Consolidated Income Statement for the month of November 2003. Ronald R. Kapp seconded and the motion was approved with M. Leota Sang abstaining.Next, Mayor Wilson recognized Charles Humphreys of the Main Street Committee. He spoke of his concerns over recent vandalism at the Fantasy Light show and at the Mason County Tourism Center. Mr. Humphreys asked for a copy of the police report so the Main Street Committee could seek to recover damages from the vandalism at the light show. Mr. Humphreys stated that some of the business owners felt that a curfew might be needed.Next on the agenda was City Attorney James M. Casey. Mr. Casey presented a resolution in regards to a loan agreement with BB&T for the riverfront park. Robert C. Doeffinger made a motion to adopt the resolution and William H. Wallace added the second. The resolution was adopted unanimously.Next Mr. Casey presented the 3RD reading of a temporary ordinance restricting cell-phone tower installations. Robert C. Doeffinger moved to adopt the ordinance and Ronald R. Kapp added the second. The motion passed unanimously.Mr. Casey then presented a resolution Honoring Captain John Reynolds. Captain Reynolds was honored recently by AEP and the Mayor presented him with the resolution. Ronald R. Kapp moved to adopt the resolution and William H. Wallace added the second. The motion passed unanimously.In closing, Mr. Casey stated that some real estate in the Harmon park area had been deeded to the City from the heirs of the Steenbergen Trust. Mr. Casey explained that Council needed to approve the acceptance of the property. Ronald R. Kapp made a motion to approve accepting the property and Brian L. Billings added the second. The motion was approved unanimously.Next on the agenda was the City Clerk, Stanton D. Burdette. He presented invoices for the River Museum totaling $1,100.75. Ronald R. Kapp moved to pay the invoices and M. Leota Sang added the second. The motion passed unanimously.Mr. Burdette then asked for a motion to approve an agreement with the H. C. Nutting Co. to develop an Ordinance to control cell-phone tower locations. Robert C. Doeffinger made a motion to approve the second reading and Ronald R. Kapp seconded. The motion passed unanimously.Lastly, Mr. Burdette then asked for a motion to approve the second reading of an ORDINANCE TO PROVIDE FOR THE COOPERATION OF THE CITY OF POINT PLEASANT WITH THE MASON COUNTY COMMISSION FOR THE IMPLEMENTATION OF 9-1-1 ADDRESSING AND MAPPING WITHIN THE CITY OF POINT PLEASANT, WEST VIRGINIA, IN CONNECTION WITH THE WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING PROJECT. Ronald R. Kapp made the motion with right to amend and Kevin R. Nott added the second. The motion was approved unanimously.Next on the agenda was Mayor Wilson. The Mayor reported that he had been in discussions with the contractors and legal counsel about problems at the riverfront park. He added that the paving contractor would start work on 26TH street in the upcoming week and would probably finish in the spring.The Mayor then told Council that he had been made aware of a walking/bike trail grant in the amount of $100,000. The Mayor stated he would like to see this trail extended from the downtown thru Kingtown and over to Krodel Park. This would include a small bridge that could be used as an emergency walking escape route from Kingtown. Robert C. Doeffinger made a motion to hire Environmental Design Group (EDG) for an amount not to exceed $5,000.00 to do preliminary cost estimate for the project. Ronald R. Kapp seconded and the motion was approved unanimously.Mayor Wilson stated that he had received a letter from the county commission requesting $6,392.75 (previously approved) for paving of the tennis courts at Ordnance. Also, the Mayor stated that he had talked with business owners whose signs were removed from the 28TH street intersection on how and where appropriate signage could be placed and the costs involved in doing so. The Mayor invited Council to the Christmas party to be held December 24TH. In closing, Mayor Wilson added that John Sallaz and Freda Wolfingbarger would be retiring at the end of December.Ronald R. Kapp then updated Council on the status of the Medal of Honor Park. He explained that it might be difficult to get a “Medal of Honor Flag” to fly there because only the medal recipients or their next of kin were given flags. William H. Wallace asked about the process for changing the traffic flow patterns on 3RD and 28TH streets. He also mentioned that several street lights were not working. Robert C. Doeffinger suggested having a meeting with the Planning Commission and the Board of Zoning Appeals to clear up any issues and discuss their duties so as to eliminate any problems and confusion in the future regarding zoning issues. M. Leota Sang said that she had received an application for the “WV Make It Shine” grant if the City wanted to participate. She also asked when the sign would be replaced at the tourism center. Kevin R. Nott stated he thought a tip-line to the police department might help with eliminating some of the vandalism.Finance Director Ron Siders added several employees had asked him to thank Council for the Christmas Bonus.Being no other business, Kevin R. Nott made a motion to adjourn. William H. Wallace seconded and being unanimously approved, the meeting adjourned at 9:55 pm.

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk 






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