City of Point
May 30, 2003
The Common Council of the City of
Point Pleasant, a municipal corporation in Mason County, West Virginia, met in
Special session at the City Building, 400 Viand Street at 8:45 A.M. on Friday,
May 30, 2003, instead of 8:00 A.M. as recorded in the minutes of May 27, 2003 in
order to have a quorum.
The following were found present:
Marilyn L. McDaniel - Certified
James M. Casey - City Attorney
and the following members of City
William H. Wallace
Robert A. Messick
Carol L. Jones
Robert C. Doeffinger
Ronald R. Kapp
M. Leota Sang
James H. Wilson
Mayor C. Edward Woomer and
Kevin R. Nott
James W. Fetty
Elaine G. Hunt.
The meeting was called to order by
City Clerk Marilyn L. McDaniel who led Council in the Pledge of Allegiance to
the Flag. Councilwoman M. Leota
Sang led Council in prayer.
Preamble - City Attorney James M.
Casey announced that there were certain irregularities which had occurred during
the canvass of the election. The
ballots counted on Friday, May 23, 2003 and Tuesday, May 27, 2003 should have
been placed in a sealed envelope and signed by the members of the canvassing
board where the envelope is sealed. Further
during the canvass the ballots were to be counted without unfolding them. Since the ballots were not folded, the appropriate procedure would have
been to count the ballots without looking at the side where the votes were cast. With Council Members being present when the Chief of Police Ronald D.
Spencer delivered the sealed ballot boxes immediately before the meeting of May
27, 2003 was called to order, they were aware of the discussion with the Chief,
City Clerk Marilyn L. McDaniel and City Attorney James M. Casey to store the
ballot boxes back in the evidence room or in the city safe. Upon their agreement, and the City Attorney offered to assist her, the
City Clerk following the canvass placed each group of bound ballots for the
eight wards in the designated envelopes and secured in the city safe which is
accessible by herself and the city accountant.
In computing the forty-eight hour
period as used in the WV Code 3-6-9(a), Saturday, Sundays and legal holiday are
excluded. Robert Doeffinger moved to certify the results of the official canvass
for the Municipal Election of the City of Point Pleasant on May 17, 2003, except
for the Mayor’s Office in which a recount has been demanded. Robert Messick seconded and the motion was unanimously approved.
Upon the written request for a
recount by Marilyn McDaniel, Ronald Kapp moved that the Board of Canvassers
convene to commence the recount for the Mayor’s Office on Tuesday, June 3,
2003 at 6:00 P.M. (WV Code 3-6-9(b). Carol
Jones seconded and the motion was unanimously approved.
Robert Doeffinger moved to set a
bond in the amount of $1.00 (one dollar) for each Mayor Candidate to cover the
costs and expenses of such recount. Robert
Messick seconded and the motion was unanimously approved.
Upon motion by Ronald Kapp, second
by Carol Jones, the meeting adjourned at 9:10 A.M.