Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



May 12, 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, May 12, 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

and the following members of City Council:

William H. Wallace      
M. Leota Sang        
Carol L. Jones     
Kevin R. Nott           
Elaine G. Hunt        
James W. Fetty          
Ronald R. Kapp     
Robert C. Doeffinger    
James H. Wilson

Absent was Councilman 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.

Cheyenne Simpson, Commander and Craig Collins, 1st Vice Commander of American Legion Post 23 were present to inform Council that they had requested a building permit to extend a deck over the floodwall.  City Inspector Steve Williamson informed him that he would have to come to Council meeting.  Councilman James Wilson questioned why he would have to appear before the Council.  After discussion, it was decided that the Legion would have to file a petition with the Planning Commission, Historic Landmark Commission  and Board of Zoning Appeals for their approval/disapproval.

Tom Robinette, Chief Executive Officer of the Western West Virginia Chapter of the American Red Cross and Loretta Van Meter, Mason County Chapter Director were present to issue a proclamation of thanks (“a public thank-you”) to the City of Point Pleasant for the City’s generosity in providing office space for the Mason County Chapter in the basement of the City Building.  Mayor Woomer accepted the proclamation on behalf of the City.  Mr. Robinette also informed Council that the Red Cross will begin to offer CPR and First Aid classes within the next six weeks at the Point Pleasant office.

Larry Butler, a resident of Mount Vernon Avenue came before Council to describe a problem he had earlier with sewage backing up into his basement due to sewer line being clogged.  He said City sewer workers unclogged line and helped him clean out his basement.  He had hired a plumber to fix drains in his basement to prevent backup but he wanted the City to check the line to make sure it is clear and this would not happen again.  City sewer department personnel would go to his residence and run dye through the lines to determine where the lines go (to and from his residence) and whether or not they are free of obstructions.  

Upon presentation by Darlene Haer, Point Pleasant Riverfront Project, Robert C. Doeffinger moved to approve the following invoices: (a) Woolpert in the amount of 9,350.00, (TEA-21 3rd Year @ 50%–$4,675.00); (b) JD&E Pay Application #10 in the amount of $23,625.00 (TEA-21 3rd Year @ 50%); (c) JD&E Pay Application #11 in the amount of $900.00 (TEA-21 3rd Year @ 50%); and (d) Alan Stone Co., Inc. Pay Application # 11 in the amount of $79,882.03 (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 2000 EDI Special Project Grant and 1999 Transportation Entitlement Grant.  Ronald  Kapp seconded and the motion was unanimously approved.

Darlene Haer also informed Council that a stone wall which the contractors had been trying to save as part of the park had been found to be unstable and unsafe.  “It would take money to save and we have to decide what to do.” It was decided on motion made by Robert C. Doeffinger and seconded by Kevin Nott to pay $6,000.00 to Alan Stone Co., Inc. to remove the wall, grade the riverbank to blend with the slope and use the blocks as rip rap contingent upon Woolpert’s approval.  The city will receive a $3,000.00 credit from JD&E because they will not be putting railing around the top of the wall.

Upon a motion made by Robert C. Doeffinger and seconded by Ronald Kapp, the Council approved signing a letter requesting draw down of Small City Block Grant funds to pay portions of JD&E Pay Applications #10 and #11.

Per Mayor Woomer, Craig Hesson with Fort Randolph requested that City block off a portion of the road into Krodel Park main entrance from Route 2 for Fort Randolph siege re-enactment to take place the weekend of May 17, 2003.  The request was granted.

Tim Potter with Village Insurance was present to explain retirement plan proposal for City employees.  He informed Council that he had met with the employees and the consensus was that the employees would go with the new plan if Council approves.  Councilmen Ronald Kapp and Kevin Nott stated that they were informed by employees that they either were not informed of the plan or had the impression that Tim would be having another meeting with them.  Councilman Kapp felt that the employees did not have enough input and that he felt that Mr. Potter should set up another meeting.  It was agreed that Mr. Potter would have another meeting and employees would be asked to sign a statement whether they wanted to change or not. 

Main Street Director Charles Humphreys appeared before Council to update them on the progress of the Main Street three year progress plan.  The plan was right on schedule.  “We are where we wanted to be.”  He said one of the ultimate goals is to fill the 15 empty buildings on Main Street.  In order to do this, he needs to present our total package to those who would be most beneficial to the City.  He is planning on going to Retailers Trade Association Convention in Las Vegas and spend two days there presenting our package.  There will be approximately 6,200 retailers present.  He will target those he feels would “fit” our needs the best.  He requested $500.00 from County Commission and Main Street Foundation which they gave.  He was requesting $500.00 from the City of Point Pleasant.  Upon motion of Carol Jones, seconded by Leota Sang, the Council unanimously approved the request.           

The minutes of the Regular Council meeting of April 7, 2003, minutes of the Special Council meeting of April 15, 2003, copies of the General Fund, Water and Sewer, and Coal Severance Financial Statements of April 30 2003, and Progress Reports from the City’s Street, Sanitation, Maintenance, Floodwall, Shop, Water, Waste Water, Police Departments and City Inspector Steve Williamson for March, 2003 were presented to each Council member.  Councilman James Wilson requested that the minutes of the April 7, 2003 meeting be amended as follows:  Original: James Wilson notified Council that the City had received a $5,000.00 grant to purchase a slide for the pool.  He was going to get three estimates

Amended: James Wilson notified Council that the City had received a $5,000.00 grant to purchase a slide for the pool. Mayor Woomer was going to get three estimates.  Councilman 

Wilson made a motion to approve the amended minutes and all other reports.  This motion was seconded by William Wallace and unanimously approved.

On the motion of Carol Jones seconded by William Wallace, the outstanding bills as presented on the Obligation Summary for April 2003 were approved for payment.

City Attorney James Casey reported the following:

(A)    The lawsuit with City National Bank regarding City National Bank V. City of Beckley, Civil Case No. 01-AA-12-B wherein Supreme Court of West Virginia found that bank was liable for B&O taxes on activity that had been “farmed” out to Cross Lanes location is in negotiations. Point Pleasant is part of the package and should “do all right.”

(B)    A survey conducted by HUD regarding building at Third and Main Streets (old NAPA building)shows that city easement for street may overlap into building.  City needs to draft an agreement stating that City would agree that right-of-way is “subservient” to the lien.  Ronald Kapp made motion, seconded by Carol Jones for City Attorney to draft agreement and giving Mayor authority to sign.  Motion was passed unanimously.

(C)    Contract between City and Camp Conley regarding sale of water has been prepared.

(D)    City Attorney is still in negotiations with local building contractor regarding overdue B&O taxes

Upon the recommendation of Mayor Woomer, James Wilson made a motion that Council approve “AN ORDINANCE FOR CROSS-CONNECTION CONTROL” on third and final reading.  The motion was seconded by Kevin Nott and passed unanimously.

Upon the recommendation of Jack Fowler, Point Pleasant River Museum Foundation President, Robert C. Doeffinger moved to approve invoices for Sherwin Williams ($319.76), Thomas Do-It Center ($1,974.40), WV Electric Supply ($58.65), Lannes Williamson Pallets($1,732.80), and Winter’s Building Mat ($140.00), totaling $4,225.61; and submit to the Transportation Enhancement Program, West Virginia Department of Transportation ($60,000.00) for payment.  Motion was seconded by Leota Sang and unanimously approved.

Progress Reports for April, 2003 from the City’s Street, Sanitation, Maintenance, Floodwall, Shop, Water, Waste Water, Police Departments and City Inspector Steve Williamson were presented to each Council member.

The Mason County Board of Education requested that Council give approval to changing address for Point Pleasant Intermediate School to One Walden Roush Drive.  Robert C.

Doeffinger made motion approving this request which was seconded by Ronald Kapp and unanimously approved.

Mayor Woomer requested that Council approve the hiring of Elizabeth A. Hudson as City Recreation Director for the summer.  City Clerk Marilyn L. McDaniel pointed out that the newspaper ad listed May 15 as the cut off date.  As a result, this was tabled to a special meeting to be held on May 19, 2003.

Upon the recommendation of Mayor Woomer and City of Point Pleasant Housing Authority Director George Dowell, Ronald Kapp moved to approve the nomination of Stephenson Carpenter to five-year term on Housing Authority Board of Commissioners.  Motion was seconded by James Wilson and unanimously approved.

Mayor Woomer informed Council that weather permitting, paving would start on Madison Avenue May 13, 2003.  The cost would be between $14,000.00 and $15,000.00 to cover the costs of the asphalt.  City employees, trucks and equipment will be utilized.  The City had to rent a roller as ours was not big enough.

William Wallace stated that paving job on Ohio Street was “excellent.”  He requested that City replace a sign next to Paint Plus which has deteriorated until it is unreadable.  Mayor will get the sign replaced or repaired.

James Fetty informed Council that Neal Road and road in Krodel Park need repairing.  Mayor said they are on the list to be fixed.  Citizens have requested that trash barrels be placed in a low spot along Neal Road.  The Street Department will handle. 

Robert C. Doeffinger asked the Mayor what was the status of the hiring of summer workers.  Mayor Woomer informed him that the May 15 deadline also applied to the summer help and that this could be handled during the May 19, 2003 Special Meeting.

Leota Sang requested that something be done about traffic  congestion near Harmon Park during ball games.  She suggested opening the street through the park which is now marked “Do Not Enter.”  The road by pool is in bad shape and needs repaired.  Mayor will check into these.

Kevin Nott requested that Mayor look into putting “no parking” spots in front of fire department bay doors.  Kevin asked Mayor about status of Farmer’s Market sign.  Mayor informed that City Inspector called State and that our lease does not allow any signs other than a tourism sign.

Mayor is trying to find another location for the sign.

Carol Jones requested that the city look into the possibility of installing speed bumps on Meadowbrook Drive.  Mayor stated that City Police will be instituting bike patrols next week to help patrol these areas. 

James Wilson inquired about the plaques that were previously approved for the Riverfront Park, River Museum and Water/Tourism office.  Mayor said City Inspector is receiving bids and that the plaques will be ordered as soon as bids have been reviewed and low bid approved.  Jack Fowler is getting plaque for the River Museum.

Ronald Kapp expressed his appreciation that the extension request for grant money for the Medal of Honor Park had been sent in.  He wanted to know if anything had been heard about it yet.  Mayor informed no reply had been received.  The flag poles had been ordered and were due this week.  He was not sure how grant would be processed. Mayor Woomer said the City would send invoices to the grant agency to be paid.

Elaine Hunt asked about status of engineers redesigning North Point Pleasant Drainage Project.  Mayor informed her that Lowell Cook was on vacation and that about 60% of the easements have been signed.  She also stated that volunteer fire department had asked City to provide assistance to pay some of their equipment.  The City had previously agreed to make five payments.  The city has paid three of the five.  In order to pay others, we need official request from the fire department to meet audit requirements.  Once the request has been received, a check will be prepared.  She inquired about the possibility of giving employees more than the $0.25/hour raise that has been budgeted.

On a motion made by Kevin Nott and seconded by Carol Jones, the meeting was adjourned at 9:30 P.M.


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