CITY OF POINT PLEASANT
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
McDaniel – Certified Municipal Clerk
Nibert – Administrative Assistant
And the following members of City Council:
William H. Wallace
Robert A. Messick
Kevin R. Nott
M. Leota Sang
City Attorney James M. Casey,
Members James E. Fetty
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
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
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
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:
Council Minutes to Ed Lowe for the website;
upset due to neglect of dogs during severe weather; advised to call dog
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
Carol Jones requested/reported the following:
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;
Parking Lot – Have received payments for three years (up-to-date) with
last payment due next year;
Mason County Commission to annex up to Old Town Farm, July 9, 2001; To
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.