Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



February 10, 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, February 10, 2003.

 The following were found present:

C. Edward Woomer – Mayor
            Marilyn L. McDaniel – Certified Municipal Clerk
            Harriett O. Nibert – Administrative Assistant

And the following members of City Council:

William H. Wallace    
         Robert A. Messick    
            James H. Wilson
            Kevin R. Nott         
            Elaine G. Hunt       
            Carol J. Jones
            M. Leota Sang
            Ronald R. Kapp

 Absent were:

City Attorney James M. Casey, 
            Council Members James E. Fetty 
            Robert A. Messick.

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.

Upon the presentation of Kathryn Elliott, Region II Planning and Development Council, James Wilson moved to approve and authorize Mayor Woomer to sign the Applicant/Recipient Disclosure/Update Report, U.S. Department of Housing and Urban Development Office of Ethics, Small Cities Block Grant (99SCBG0088), Point Pleasant Riverfront Park, for J.D.&E., Inc. Contract Project Files (construction and administration).  William Wallace seconded and the motion was unanimously approved.

Ronald Kapp moved to approve Drawdown Request #9 in the amount of $6,314.49 for the Point Pleasant Riverfront Park Project 99SCBG0088X; documentation included as part of this request is the Payment Requests #7 and #8 from J.D.&E., Inc., totaling $28,800.00 and $8,141.40, respectively, for construction services; and one (1) Payment Resolution authorizing the request and disbursement of said funds; Woolpert LLP recommended payment of the two pay applications.  The total of the Pay Requests ($36,941.40) exceeds the amount being drawn down ($6,314.49) from the Small Cities Block Grant (SCBG) construction line item.  The SCBG funds (54.6% after a 10% retainage is deducted) are being used to match TEA-21 monies (45.4%).  Leota Sang seconded and the motion was unanimously approved.

Ronald Kapp moved to approve Woolpert LLP Invoice No. 23-202066, dated January 31, 2003, in the amount of $4,250.00, for the Point Pleasant Riverfront Park Project; and submit to the WV Department of Transportation, State Project U627-PPR/PK-1.00 Grant, second year Federal Funding ratio.  Elaine Hunt seconded and the motion was unanimously approved.

Upon motion by Ronald Kapp, second by Carol Jones, Council unanimously moved to approve Pay Application #7 from Alan Stone Company, Inc., in the amount of $487,945.04 for time period of 12/09/2002 through 01/09/2003, recommended payment by Woolpert LLP for the Point Pleasant Riverfront Park Project; and submit to the WV Department of Transportation (WVDOT), State project U627-PPR/PK-1.00 Grant, second year Federal Funding ratio (45.4%), with portions funded by the Federal FY 2002 EDI Special Project Grant, and proposed Economic Development Grant Money.

Carol Jones researched the City of Point Pleasant Council Minutes and reported the number of City Council meetings that City Attorney James Casey was present/absent during this administration of 1999-2003.  The Mayor, City Clerk, and Council Members had received a letter dated 01/31/2003 from Attorney Casey explaining the reasons for his absence.  Ms. Jones did not appreciate the answer, for a professional man, that he gave to her, but she did not have any hard feelings toward Mr. Casey; she asked that if he cannot attend the meetings he should have some one represent him.  Mayor Woomer advised that City Attorney Casey was in Charleston at the WV Legislature and would call in at 8:00 A.M. on the speaker telephone to answer any questions for Council Members. 

Councilwoman Jones presented a history of the proposed Suncrest Cemetery Agreement with the City of Point Pleasant from the Council Minutes to each Council Member and introduced Kay Gygax whose family (Wartenburg) has the deed to the cemetery.  Ms. Gygax had previously (October, 2000) approached the City to take over the cemetery and maintain it using funds from a certificate of deposit.  Mayor Woomer had received a Quit Claim Deed for this meeting from City Attorney Casey for signature of Hilda Gygax (Kay’s mother).  Council advised Ms. Gygax to contact City Attorney Casey and give him her parents’ address in Florida and telephone number to complete all details and close the transaction.

City Attorney James Casey called on the speaker telephone during the Council meeting and explained all questions asked by Mayor/Council Members in respect to the Suncrest Cemetery Agreement.  Attorney Casey will meet with Kay Gygax in his office tomorrow (02/11/2003) to finalize the document.  Leota Sang referenced Council Minutes of 11/12/2002 on an appeal for the Point Pleasant Police Pension; and Attorney Casey replied that the Order in the Circuit Court of Kanawha County has not yet been entered, so once that order is entered by the courts, then, that is when our time starts to run.  Carol Jones asked about the lottery machine receipts (county and city 1% each) and Accountant Ron Siders advised that the City receives approximately $450 monthly.  Robert Messick asked if the B&O suit prepared is on the financial institution or the construction company and Attorney Casey advised the assessed amount is on the construction company.

The minutes of the Regular Council meeting of January 13, 2003, copies of the General Fund, Water and Sewer, and Coal Severance Financial Statements of January 31, 2003, were presented to each Council member and unanimously approved on motion by Ronald Kapp, second by Leota Sang.

Ronald Kapp moved to pay the outstanding bills as presented on the Obligation Summary for January, 2003.  James Wilson seconded and the motion was approved.  Leota Sang abstained.   

James Wilson moved to approve the use of the American Information System (AIS) as offered by Mason County Clerk Diana Cromley for the May 17, 2003 City Election.  The AIS election system is classified as a “centralized optical mark reading (OMR) system”.  Voted ballots are counted at the Mason County Courthouse.  The genius of the AIS solution is quite simple… ”we’ve changed the way the ballots are counted… not the way they are cast”.  James Wilson moved to approve the use of the AIS and the expenses incurred for the City Election for personnel operating the vote counting machine.  Robert Messick seconded and the motion was unanimously approved.

James Wilson moved to approve the amended boundaries of Ward VII to include that parcel of land annexed by the City in “AN ORDINANCE CHANGING THE BOUNDARIES OF THE EIGHT (8) WARDS IN THE CITY OF POINT PLEASANT, WEST VIRGINIA” on second reading and pass to third and final reading with right to amend.  William Wallace seconded and the motion was approved.  Kevin Nott abstained.

City Clerk Marilyn McDaniel presented a RESOLUTION TO RECOGNIZE U.S. MILITARY VETERANS as recommended by Mayor Dean Harris of Weirton, WV, at the West Virginia Municipal League Mid-Winter Conference held in Charleston, WV, January, 2003. Upon motion by James Wilson, second by Elaine Hunt, Council unanimously moved to adopt a RESOLUTION TO RECOGNIZE U.S. MILITARY VETERANS AND TO SUPPORT THE AMERICAN LEGION IN THEIR ENDEAVOR TO HELP OUR VETERANS WITH THE HEALTH CARE ISSUE.

At the Regular Council Meeting of January 13, 2003, Mayor Woomer read a Letter of Resignation from Ward #1 Councilman James E. Fetty effective that date.  James Wilson moved to accept the resignation of City Councilman Fetty.  William Wallace seconded and the motion was unanimously approved.

Leota Sang nominated David Reynolds to fill the unexpired term of Ward #1 Councilman James E. Fetty.  Elaine Hunt seconded the motion.  Upon motion by James Wilson, second by William Wallace, James W. Fetty (son) was nominated to replace Councilman Fetty (father).  Carol Jones moved to close the nominations.  James Wilson seconded and the motion was unanimously approved.  Council Members voting FOR David Reynolds were Leota Sang, Robert Messick, and Elaine Hunt; AGAINST were William Wallace, Kevin Nott, Ronald Kapp, James Wilson, and Carol Jones (3-5).  Council Members voting FOR James W. Fetty were William Wallace, Kevin Nott, Ronald Kapp, James Wilson, and Carol Jones; AGAINST was Leota Sang; Robert Messick and Elaine Hunt abstained (5-1).

Mayor Woomer read the resignation letter of Mary Spencer as the Krodel Park Campground Manager for the past 24 years, effective February 1, 2003.  Council unanimously agreed to authorize Mayor Woomer to hire a new Manager for Krodel Park. 

James Wilson moved to support the Donnie Jones Basketball Camp (18th year) to be held the last of June, 2003, at the Point Pleasant Middle School Gym.  Robert Messick seconded and the motion was unanimously approved.

Upon the recommendation of Mayor Woomer, James Wilson moved to support the Coach Carl Lee Football Camp to be held July 21, 22, 23, 2003, open to all the youth in Mason County.  Kevin Nott seconded and the motion was unanimously approved.

James Wilson moved to approve the second reading of the REVISIONS TO THE 1972 CITY OF POINT PLEASANT ZONING ORDINANCES, with right to amend, and pass to third and final reading.  Kevin Nott seconded and the motion was unanimously approved.  A workshop will be held on Monday, February 24, 2003 at 6:00 P.M. for Council to review/revise the zoning ordinances.

Progress Reports for January, 2003, from the City’s Street, Sanitation, Maintenance, Floodwall, Shop, Water, Police Departments and City Inspector Stephen Williamson were presented to each Council Member.  City Inspector Williamson presented information received from James C. Hunt, Manager of the Northern WV Office of the West Virginia Housing Development Fund and serving as Director of their Statewide Demolition Program.

Kevin Nott proposed to add camp sites along the old beach area at Krodel Park and Council viewed the pros and cons of the project.  James Wilson suggested the Recreation Committee meet in two weeks to continue the discussion of the camp sites.  The Haer Bears 4-H Club has volunteered to plant maple trees at Krodel Park and provide maintenance for two years as a project.

Upon William Wallace’s recommendation, James Wilson moved to adopt a Resolution in memory of Coach Dick Ware who was the head coach of the Point Pleasant Big Blacks football team (1967-1974).  Ronald Kapp seconded and the motion was unanimously approved.

William Wallace reported/reviewed the following: 

  • Give Council Minutes to Ed Lowe for the website; 
  • Residents upset due to neglect of dogs during severe weather; advised to call dog warden;
  • First official meeting of the Point Pleasant Sternwheel Regatta Celebration will be held on Tuesday Evening, February 11, 2003.

Leota Sang advised that she has submitted the City’s form to participate in the WV Make It Shine (2003 WV Statewide Cleanup/Great American Cleanup) scheduled for April 1-15, 2003. Council unanimously agreed to participate on April 5, 2003, with a rain date of April 12, 2003; and will continue this year with the poster, 2003 slogan, and T-shirt design contests.

Ms. Sang announced the “Spring Is Just Around The Corner” Free Landscaping Class at the Mason County Courthouse Annex Auditorium, with Dr. John Jett, WVU Extension Horticulture Specialist, will be held on Tuesday, February 11, 2003 at 6:00 P.M.

Kevin Nott asked about a deadline in calling on the citizens to retain easements for the North Point Pleasant Drainage Project (new drainage channel).  Mayor Woomer advised that Council had agreed to review the progress of the project at the end of February, 2003.  Lowell Cook, easement volunteer for the City, will be invited to attend Council’s workshop on February 24, 2003, to give an update; then propose to send a second letter to remind residents who have not signed for their approval to do so as soon as possible.

Carol Jones requested/reported the following: 

  • B&O Taxes - Ron Siders reported that letters have been mailed with good response, City Inspector followed up and contacted those farther behind, and some are making monthly payments;
  • Annex Parking Lot – Have received payments for three years (up-to-date) with last payment due next year;
  • Contacted Mason County Commission to annex up to Old Town Farm, July 9, 2001; To follow up;
  • City Attorney letter in reference to English Court/30th Street public right-of-way; Mayor Woomer suggested getting a cost estimate factor to open this section and invite Fire Chief John Bryant to the next council meeting.

James Wilson reported that the senior citizens of our community are concerned over the war and terrorism and requested a list of the bands that they can monitor on their police scanners.  Jeremy Bryant had advised Mr. Wilson that if they cannot get to people through the radio, there is a plan in place to contact the citizens with the firemen/policemen going door to door.  Kevin Nott reported that his radio station has the equipment in place so that our local 911 system can go in and key a microphone and broadcast live on his radio station at any time.  Mayor Woomer will contact Director of Emergency Services (911) Chuck Blake to publish an article on safety information in the newspaper.

James Wilson is working with the Route 35 Committee to get construction of a four-lane highway (federal) from Putnam County through Mason County.  They are seeking assistance to collect/compile all accident statistics to present to our legislators to stress that we have a definite safety problem on Route 35.

Upon Elaine Hunt’s inquiry, Mayor Woomer advised that Lincoln Avenue will be paved this spring along with 26th Street.

Upon motion by Kevin Nott, second by Ronald Kapp, the meeting adjourned at 10:10 P.M.


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