Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



March 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, March 10, 2003.

The following were found present:

C. 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 
Carol L. Jones
Kevin R. Nott        
Elaine G. Hunt  
James W. Fetty       
Ronald R. Kapp

 Absent were Council Members

M. Leota Sang
Robert A. Messick 
James H. Wilson.

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 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.

Dan 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.

Bill Reebel, 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.

Loretta 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.

Jeremy 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.

The 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.

William Wallace moved to pay the outstanding bills as presented on the Obligation Summary for February, 2003.  Carol Jones seconded and the motion was approved. 

City Attorney James Casey reported the following: 

  1. The 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.

  2. Kay 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.

  3. Attorney 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 (revolving funds).

Upon the 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.

William 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 Nott abstained.

Elaine Hunt 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.

Mayor 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.

Accountant 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.

Upon 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. 

Progress 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.

Upon the 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.

William Wallace reported/requested the following:

  1. Resident at 517 Chandler Drive has reported damage to a catch basin and requested repairs.
  2. 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.
  3. Marsha 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.

  4. Mr. 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.

Kevin Nott recommended working with Bill Reebel to get his Farmer’s Market sign erected again.

A 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.

Carol Jones suggested stop signs be posted on Meadowbrook Drive due to complaints of speeding.

Elaine 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.

Mayor Woomer 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.

Upon motion by Kevin Nott, second by Robert Doeffinger, the meeting adjourned.


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