J. Glenn Long led Council in Prayer. The meeting was called
to order by Mayor James H. Wilson who led Council in the Pledge of
Mayor Wilson recognized Darlene Haer of the Riverfront Park
Committee. Ms. Haer stated that the Riverfront Park Committee had met
and had made recommendations for Council consideration. She stated that
the committee recommended the approval of Addendum #8 retaining Woolpert
LLC, for $44,000.00 for architectural/engineering work associated with
the picnic shelter and marina to be built at the park, and also up to
$6,000.00 for soil borings from a yet to be chosen geotechnical firm.
Ronald R. Kapp made a motion to accept the committee’s recommendation
and J. Glenn Long added the second. The motion was unanimously approved.
In addition, Addendum #9 would also retain Woolpert LLC, for an amount
of $1,900.00 to do work associated with the required signage. Robert C.
Doeffinger made the motion to approve and Brian L. Billings added the
second. The motion was unanimously approved.
The Mayor then recognized Police Chief Ronnie Spencer. Chief
Spencer had previously provided information for Council to review
regarding changes to the police department vacation policy. He added
that he had met with the Finance Committee and discussed the costs
associated with the change. In review, Mr. Spencer stated that the
vacation policy being proposed was the same as was being used by many
departments such as the Sheriffs Deputies and the State Police. Ronald
R. Kapp added that the Finance Committee found the policy change to be
acceptable. M. Leota Sang made the motion to approve the Vacation Policy
change for the Police Department on the recommendation of the Finance
Committee starting January 1, 2005. William H. Wallace added the second and the policy change was
Chief Spencer then addressed Council on the need for a new
cruiser that would also be suitable for transporting prisoners to the
regional jail in inclement weather. He added that he had put notices in
the newspaper seeking bids for a Jeep Liberty. After discussion, Robert
C. Doeffinger made a motion to accept the low-bid of $20,831.75 from
Norris-Northup Dodge Inc. Ronald R. Kapp added the second and the motion
passed unanimously. The Mayor added that the cruiser acquisition would
be done as a lease purchase through Comvest of West Virginia.
Mayor Wilson then excused himself from the next portion of
the meeting due to having personal financial involvement. Mayor Wilson
turned the meeting over to City Clerk, Stanton D. Burdette. Mr. Burdette
stated that the issue before Council was a zoning issue. Clerk Burdette
then asked City Inspector Greg Walker to read the petition for variance.
Mr. Walker explained that CWF,LLC was the property owner of 1716
Jefferson Boulevard and the adjacent lots and that it was presently
zoned R-2. The petition asked that the property be rezoned to B-2 so
that it could be sold to Farmers Bank and Savings Company who would then
construct a bank on the property. Mr. Walker stated that the Planning
Commission had given its approval of the proposed change. Ronald R. Kapp
interjected that the Planning Commission gave approval expressly for the
property to be used to construct a bank. Mr. Walker then added that
there had been some questions about procedural issues that had been
turned over to the City Attorney. In closing, he stated that he did
receive a letter of endorsement for the project from the Mason County
Area Chamber of Commerce. Mr. Walker then introduced Mike Lieving and
Dallas Kayser who were present representing Farmers Bank. Mr. Kayser
informed Council that Farmers Bank had been looking for a suitable
location to start business in Point Pleasant for over 3 years. He stated
that this particular property met the needs of the proposed bank. He
added that Farmers Bank had a contract to purchase the property
contingent upon it being rezoned as a B-2 Business property. Mr. Kayser
then presented pictures of other Farmers Bank facilities and an artistic
rendition of the proposed facility. Mr. Kayser stated that the proposed
bank would be a daytime business, employ 10-12 people, pay Business and
Occupation Taxes, and be a community neighbor. Mr. Kayser added that
Farmers Bank very much wanted to do business in Point Pleasant and was
willing to make a sizeable investment. In closing, he stated that the
property was previously a business location and there were other
businesses located in the same area. Mr. Kayser then turned the floor
over to Mike Leiving to answer questions of Council. Mr. Leiving
answered several questions from Council regarding landscaping, parking,
type of construction and lighting.
Next, Clerk Burdette recognized the Citizen Delegation.
Leonard Riffle stated that some of the businesses Mr. Kayser referred to
were present before the Zoning Ordinance became effective. Mr. Riffle
stated that the Legal Notice appeared in the newspaper only two days
before the Planning Commission meeting instead of the required fifteen.
Mr. Riffle also took exception to the way the petition was presented to
the City Clerk. Mr. Riffle stated that the area was a nice residential
area and that several new homes had been built in recent history. (Wilcoxen,
Hussell, Deal) Mr. Riffle stated that he felt what Council was being
asked to vote on was not what was in the Legal Advertisement. Mr. Riffle
stated that he felt it was an Ordinance change and would require three
readings before it could be approved. Mr. Riffle stated that it was the
Planning Commission’s duty to address issues such as lighting,
drainage, sign type and placement, variances, parking, flow of traffic
and how it will affect the neighborhood. He added that putting a
business in a residential area would decrease the value of nearby homes.
In closing, Mr. Riffle stated that the citizens were denied due process
to participate in discussions with the Planning Commission to help
resolve some of the issues.
Robert C. Doeffinger stated that he had not had time to
review the material and therefore made a motion to table any action on
the zoning issue. Brian L. Billings added the second and therefore no
action could be taken until the next Council meeting. Mr. Doeffinger
then explained that the City had one major artery (Viand/Jackson) for
traffic through the City and that the traffic flow was a serious issue.
He stated that there had been a study done that explained the
detrimental affects to allowing drive-thru businesses locate along that
An in-depth discussion followed with members of Council, the
property owners, the representatives of the bank and citizens all
allowed to speak and voice their concerns. Neighboring citizens speaking
in opposition to the proposed zoning change were: Leonard Riffle, Anna
Thompson, Margaret Crush and Martha Bachelor. At the conclusion of the
discussion, Mayor Wilson was asked to return to the meeting.
Mayor Wilson asked for a motion to approve the minutes of the
Regular Council meeting of November 8, 2004. Ronald R. Kapp made a
motion to approve and Brian L. Billings added the second. The motion to
approve passed unanimously. The Mayor then asked for a motion to approve
the Consolidated Income (Financial) Statement of the General, Water and
Sewer and Coal Severance Funds for the month of November 2004. Ronald R.
Kapp made a motion to approve and Robert C. Doeffinger added the second.
Being no discussion, the motion passed unanimously. The Mayor then asked
for a motion to approve the Outstanding Obligations for the month of
November. William H. Wallace made the motion and Brian L. Billings added
the second. Being no discussion, the motion passed unanimously.
Finance Director Ronald E. Siders stated the fire truck
payment was due and the money was in the budget. He stated he did need
an invoice before the payment could be made.
Next on the agenda was City attorney James Casey. Jeremy
Vickers was present representing Mr. Casey’s office. Mr. Vickers
stated that the Riverfront Park Arbitration was tentatively scheduled
for February 24 & 25, 2005.
Next on the agenda was City Clerk Stanton D. Burdette. Clerk
Burdette informed Council that the surplus auction raised a total of
Clerk Burdette presented the third reading of the proposed
replacement of Section 13, Chapter 3, Article 1345; Sexually Oriented
Businesses (Adult Entertainment Ordinance). M Leota Sang made a motion
to adopt the third reading with the following changes to 709.12(a): that
a sexually oriented business may not be allowed to operate within
2000’ of a church, synagogue, regular place of worship, public or
private school, boundary of any residential area, public park or
day-care center. Robert C. Doeffinger added the second. Jeremy Vickers
advised Council that by increasing the distance from 1000’ to 2000’,
the Ordinance would be too restrictive and might not hold up in court if
challenged. After discussion, the motion to approve the Ordinance failed
2-4. Brian L. Billings and M. Leota Sang voted in favor with J. Glenn
Long, Robert C. Doeffinger William H. Wallace and Ronald R. Kapp voting
against. Next, Robert C. Doeffinger made a motion to adopt the Ordinance
as written with the typing corrected, add the words “female
genitals” to 709.12(m) and remove the words “elementary and
secondary” from 709.12(a) 2. Ronald R. Kapp added the second. After
all discussions, the motion to adopt the Ordinance was approved
The City Clerk then presented the third reading of Section
13, Chapter 3, Article 1346; Video Lottery Ordinance. M. Leota Sang made
a motion to adopt the third reading of the Ordinance with the following
amendments: change the word keno to gambling establishments throughout,
unlawful to operate any limited video lottery or gambling establishment
within 2000’ of a church, synagogue, regular place of worship, public
or private school, boundary of any residential area, public park,
day-care center, another video lottery or gambling establishment. J.
Glenn Long added the second. In discussion, it was noted that gambling
was already illegal in the state and was prohibited by City Ordinance.
It was noted that the City could not make a state law illegal. The City
could however restrict it. The motion to adopt failed 2-4. Voting in
favor of the motion were M. Leota Sang and Brian L. Billings. Those
voting against the motion were Ronald R. Kapp, William H. Wallace,
Robert C. Doeffinger and J. Glen Long. Robert C. Doeffinger then made a
motion to adopt the third reading of the Ordinance as written. Ronald R.
Kapp added the second and the Ordinance was adopted 5-1 with M. Leota
Sang voting in opposition. Ms. Sang asked for clarification on the
distance restrictions. Mr. Vickers stated that the Ordinance read as
It shall be unlawful to operate a limited video lottery
and/or Keno establishment within 150 feet of an existing establishment
that already provides limited video lottery and/or Keno or within 300
feet of an existing religious institution, school or child care
The City Clerk then informed Council that the WVDOT had
approved the pre-application for the 2004-2005 Transportation
Enhancement Grant in the amount of $500,000.00 for the streetscape
project. The Clerk stated that the City share would be $100,000.00 for
The Clerk stated that the City was changing Dental Providers
to increase benefits to the employees with little or no additional
charge to the City. It would cut the costs of insurance premiums for
some employees. Also, the clerk added that the City would be offering a
Section 125 (cafeteria-plan) for health care. This would tax-shelter
monies that employees would use to pay for health care or deductibles.
In closing, Clerk Burdette asked Council to establish a
policy for the research and copying of records. After discussions on
what other municipalities charge, Brian L. Billings made a motion to
charge one-dollar per page for the service. Ronald R. Kapp added the
second and the motion passed unanimously.
Next on the agenda was Mayor Wilson. The Mayor reported that
with regards to the North Point Pleasant Drainage project, a meeting
would be scheduled in January with Burgess & Niple and the Finance
Committee. Burgess & Niple was the engineering firm chosen to give a
proposal on the project and the fees involved.
The Mayor stated that he had been in contact with the Law
Firm of Steptoe & Johnson regarding the sale of bonds to finance
street paving. He said their representatives would be willing to meet
with Council to look at the finances to decide which may be the best way
to fund the projects.
The Mayor then presented a Resolution to Authorize
Application for $45,000.00 in Local Economic Assistance Grant Funds for
various projects at the Point Pleasant Riverfront Park. Ronald R. Kapp
made the motion to approve the Resolution and M. Leota Sang added the
second. The Resolution was passed unanimously.
The Mayor stated that he was going to file a pre-application
for a walking trail grant. He added that this was the same project that
had been applied for last year.
The Mayor stated the date needed to be set for the fireworks
display. William H. Wallace made a motion to have the fireworks on July
2ND with a rain date of July 3RD. J. Glenn Long
added the second and the motion was approved unanimously.
The Mayor announced that the City Christmas Party would be
December 23RD from 1-3PM at the youth center.
In closing, the Mayor asked to change the January meeting
from Monday January 10TH to Tuesday January 11TH due to scheduling conflicts. Ronald R. Kapp moved to change the meeting
date and Brian L. Billings added the second. The motion passed
In Council concerns, Brian L. Billings asked that the hole on
Jackson Avenue in front of the City National Bank be repaired.
Robert C. Doeffinger reminded the Mayor about the utility
pole holes in the sidewalk that needed to be grouted on Main Street.
M. Leota Sang stated that the Krodel Light Show was
beautiful. She added that there was water on the street at the new car
wash. In closing, she added that that the new PVH offices had extensions
put on the front that extends beyond the line of the other homes.
J. Glenn Long added that there were potholes on Maxwell and
Mason Boulevards that needed to be repaired.
There being no other business, J. Glenn Long moved to adjourn
the meeting and Ronald R. Kapp added the second. The meeting was
adjourned at 10:00 P.M. by unanimous vote.