CITY OF POINT PLEASANT
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, March 10, 2003.
following were found present:
Edward Woomer – Mayor
Marilyn L. McDaniel - Certified Municipal Clerk
James M. Casey – City Attorney
Harriett O. Nibert – Administrative Assistant
William H. Wallace
Robert C. Doeffinger
Kevin R. Nott
were Council Members
Robert A. Messick
James H. Wilson.
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.
the presentation of Darlene Haer, Point Pleasant Riverfront Park Project, Ronald
Kapp moved to approve two invoices: (a)
Woolpert LLP Invoice No. 24-202075, dated February 28, 2003, in the amount of
$5,950.00 (TEA-21 2nd Year Federal Funding @45.4% and Savings Account
to match @54.6%); (b) Alan Stone Co., Inc. Pay Application #8 in the amount of
$45,422.53 for time period 01/09/03 through 02/06/03, recommended payment by
Woolpert LLP (TEA-21 2nd Year Federal Funding Balance @45.4%, 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 proposed Economic Development Grant Funds. William Wallace seconded and the motion was unanimously approved.
Rodgers, Water Superintendent, appeared before Council and presented the purpose
of the Cross-Connection Control Ordinance: (a)To protect the public potable
water supply served by the City of Point Pleasant from the possibility of
contamination or pollution by isolation, within its customers internal
distribution system, such contaminants or pollutants which could backflow or
back-siphon into the public water system; (b) To promote the elimination or
control of existing cross-connections, actual or potential, between its
customers in-plant potable water system, and nonpotable systems; (c) To provide
for the maintenance of a continuing program of cross-connection control which
will effectively prevent the contamination or pollution of all potable water
systems by cross-connection (Codified Ordinance of the City of Point Pleasant,
1713.10 (d) Building & Housing Code). Ronald
Kapp moved to approve “AN ORDINANCE FOR CROSS-CONNECTION CONTROL” on first
reading, with right to amend. Kevin
Nott seconded and the motion was approved.
Farmer’s Market, reported that there are 25-30 farmers attending the market
now and they have two festivals planned: (1) Sweet Corn Festival will be held on
the 3rd Saturday in July, 2003; and (2) Chili Festival scheduled for August 30, 2003, a charity event for Jerry’s Kids. Mr. Reebel requested that his Farmer’s Market sign be put back up which
was removed during the renovation of the KFC Building for a Tourism Center/Water
Office. He will provide a copy of
his lease/permit from the WV Department of Highways to Mayor Woomer.
VanMeter advised Council that Mason County is in need of a Red Cross Office and
she has been working on this project for a year. Their supplies (blankets, cots, etc.) are stored at the Mason Fire
Department; the copy and fax machines are placed in her dining room; and, the
desk is in her case worker’s living room. Ms. VanMeter said they would require approximately 300-500 square feet
for storage and office space. Mayor
Woomer appointed a committee of Council Members Carol Jones, Chairman, Elaine
Hunt, William Wallace and Accountant Ronald Siders to research/contact several
locations to pursue an office and storage space (handicapped accessible) for the
Red Cross in Point Pleasant within the next 30 days and report back to Council.
Bryant, Chief of the Point Pleasant Volunteer Fire Department, reported some
major problems resulting from a fire several months ago on 30th Street. The power lines were down
across the road way and the fire trucks were parked on the road at 4:00 P.M.
which blocked people from their homes in that area. There is no emergency exit for this neighborhood and upon the City’s
research there is a right-of-way from 30th Street to English Court. He indicated that it would be a benefit to emergency services to open
this section for better fire and police protection. Several residents have indicated to Mr. Bryant that it is dangerous to
exit from 30th Street and opening the right-of-way would create safer
exits onto State Route 62.
minutes of the Regular Council meeting of February 10, 2003, minutes of the
Special Council meeting of February 24, 2003, copies of the General Fund, Water
and Sewer, and Coal Severance Financial Statements of February 28, 2003, were
presented to each Council Member and unanimously approved on motion by Carol
Jones, second by William Wallace.
Wallace moved to pay the outstanding bills as presented on the Obligation
Summary for February, 2003. Carol
Jones seconded and the motion was approved.
Attorney James Casey reported the following:
West Virginia Supreme Court has not made a decision on the City National
Bank v. City of Beckley, Civil Case No. 01-AA-12-B.
Gygax met with Attorney Casey and advised that her mother, Hilda Gygax, may
have paper work from her grandfather, Mr. Wartenburg, that would indicate a
transfer on the Suncrest Cemetery because there is nothing on record at the
courthouse. The letter of
understanding to allow the City to maintain the cemetery is still good. The Suncrest Cemetery was not listed on Mr. Wartenburg’s
deed/estate recorded at the courthouse; therefore, Mr. Casey will pursue a
quick claim of all his heirs.
Casey and Mayor Woomer reviewed the City of Point Pleasant Ordinance on
distressed property, as the City Inspector had come up with another statute
which would allow the City to actually bring the lawsuit, because under our
ordinances the City does not have any specific language to do that. The City of Point Pleasant Enforcement Agency consisting of
the Mayor, City Inspector, Fire Chief, Councilwoman Sang and a fifth person
can meet and come up with their own rules and regulations and then once
passed have the same effect as an ordinance. West Virginia Municipal League Director Lisa Dooley has rules and
regulations approved by the Supreme Court for the City of Beckley to take
action on distressed property. Mr.
Casey will obtain these rules and regulations from Ms. Dooley and the City
of Point Pleasant Enforcement Agency will meet, approve and enact a better
legal foundation to bring action against the distressed property owners to
take them to circuit court to get the liens (Codified Ordinances of the City
of Point Pleasant, 1105.5 Adoption of Rules and Regulations by the
Enforcement Agency). Ms. Dooley
also advised that there is grant funds available though 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. A grant/loan is given to the City for a year to clean up the
property, file a law suit, then get the money back from the property owner
request of April K. MacIver, Executive Director of the Mason County Development
Authority, Council Members and Administration supported a final application
submitted by the Mason County Commission for Brownfields Assessment Funds
through the U.S. Environmental Protection Agency. A public hearing will be held at 4:00 P.M. on Thursday, March 13, 2003,
at the Mason County Courthouse. A
copy is hereby attached to and made a part of these minutes.
Wallace 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 third and
final reading. Ronald Kapp seconded
and the motion was approved. Kevin
moved to approve the purchase of a 1997 Jeep four-wheel drive vehicle for the
Police Department a cost of $3,900 to $4,000 from the WV State surplus sale. Carol Jones seconded and the motion was unanimously approved.
Woomer advised that a $10,000 grant has been submitted to the Jackson Foundation
to be applied to a truck for the City of Point Pleasant. Ronald Kapp moved to approve the purchase of a 2003 F150 Ford Truck for
the Water Department at a cost of $20,600 with an agency discount of $6,000,
upon approval of the Jackson Foundation Grant. Kevin Nott seconded and the motion was unanimously approved.
Ronald Siders reported that Council had approved the purchase of new computers
and software in October/November 2002. The
computers were installed the end of November/first of December, 2002. The new software was installed into our new computer system recently and
Council Members received a copy of the new financial reports and an example of
the new water bill to be mailed this month with a space for messages. Council requested a note for recreation volunteer round off of funds on
the water bill and to publish an article in the newspaper to explain to
residents. The Police Department
will be connected to the City’s new computer network and fines will
automatically transfer the balances as a general entry. They are looking into a new software program, through a grant, to assist
Police Secretary Louise Hudson with tickets by entering them once into the
computer instead of logging three times in a ledger book.
the recommendation of Point Pleasant River Museum Foundation President Jack
Fowler, Ronald Kapp moved to approve invoices for The Herald Dispatch @$106.35,
Point Pleasant Register @$69.11, State Electric Supply Company @$281.10,
Thomas-Do-It-Center @$1,330.91, Wagner Rental @$144.45, WV Electric Supply
Company @$44.87, and WV Protection Services @$2,540.79, totaling $4,517.58; and
submit to the Transportation Enhancement Program, West Virginia Department of
Transportation ($60,000) for payment. Robert
Doeffinger seconded and the motion was unanimously approved.
Reports for February, 2003, from the City’s Street, Sanitation, Maintenance,
Floodwall, Shop, Water, Police Departments, City Inspector Stephen Williamson,
Point Pleasant Volunteer Fire Department and Point Pleasant River Museum were
presented to each Council Member.
request of Leota Sang, Mayor Woomer announced that the Citywide Cleanup is set
for Saturday, April 5, 2003, from 9:00 A.M. to 1:00 P.M. and will meet at the
Point Pleasant Middle School Parking Lot, with a rain date of April 12, 2003.
Wallace reported/requested the following:
- Resident at 517 Chandler Drive has reported
damage to a catch basin and requested repairs.
- Scott Insurance Agency has
reported large trucks traveling on Court Street (between Sixth and Seventh
Streets) have caused damage to the corner of the building three times and
the business has had to make repairs. Mr.
Wallace suggested posting sign “No Truck Traffic”/One-Way Street and
review with the Police Department.
Powell, 35 Windsor Court, has reported damage to her gazebo from trees on
the City alley behind her home during a recent ice storm. She has received correspondence from the City’s liability insurance
that denied any coverage for the damage. Mr. Wallace gave Council a copy of his photographs of the
trees/damage to review; and also the tree located on 22nd Street. City Attorney Casey advised that once Council goes on record
saying that there is a dangerous condition on 22nd Street we had
better do something to take care of it because we are on record now and we
know about it. Mayor Woomer
advised that the City is getting estimates now for removal of the tree on 22nd Street. In regard to Ms.
Powell’s situation, Attorney Casey reported that the insurance company
says that they have done an investigation and, for whatever reason,
doesn’t reveal that they have any information about her letter of 1988;
perhaps we ought to bring that to their attention. He advised that under the law today, the insurance company has a duty
to deal with you in good faith, and you have submitted to them information
that the City has knowledge of it and they say the City hasn’t; that
indicates to me that perhaps they have over looked some vital information. The insurance company has a duty to protect the City, but at the same
time under current law has a duty to treat you fairly. Attorney Casey will contact the insurance company and advise that
Council is concerned about the stance they are taking in view of the
evidence and maybe should re-examine it. William Wallace requested the two trees in the alley be removed.
Wallace said, “ Marilyn, I was very pleased to fire up the
pointpleasantwv.org site the other night and saw the council minutes there
and I think people can go there to see exactly what’s going on at Council,
it’s really nice”. Ed Lowe
revised the web page which is good for Point Pleasant and within the past
two months has had 16,000 hits on it.
Nott recommended working with Bill Reebel to get his Farmer’s Market sign
copy of the North Point Pleasant Drainage Project letters mailed to property
owners for easements were presented to each Council Member. After a lengthy discussion on progress and setting a goal for the new
channel, Council will determine the number of signatures that Lowell Cook has
received from the property owners for easements in this area and have him give a
report to estimate a deadline for signatures and then set an agenda to begin the
project at the next Council meeting.
Jones suggested stop signs be posted on Meadowbrook Drive due to complaints of
Hunt asked if there was an outside exterminator that could do something that is
environmentally safe to spray to control mosquitoes in the lower section? Mayor Woomer advised that the City had ordered the packets/liquid last
Fall and had sprayed in the alleys which was an asset.
advised that the City has hired a contractor to pave Lincoln Avenue from 21st to 26th Streets and Defense Logistic Agency/DNSC will pave 26th Street from Jackson Avenue to the Navy Yard when the asphalt plant opens up the
first part of April, 2003. The City
has rebuilt the roller/paving machine and installed a new engine in it and will,
therefore, pave Madison Avenue. He
reported the brush collected throughout the community due to the ice storm was
overwhelming, but have received a permit to burn it at Krodel Park and will then
clean it up and reseed that section.
by Kevin Nott, second by Robert Doeffinger, the meeting adjourned.