J. Glenn Long led Council
in the Prayer. The meeting was
called to order by Mayor James
H. Wilson who led Council in the
Pledge of Allegiance.
Mayor Wilson recognized
Darlene Haer of the Riverfront
Park Committee. Ms. Haer updated
Council on the recent activities
at the park. She stated that a
letter needed to be sent to the
appropriate agency stating that
the City had met its obligation
regarding the Wildlife
Mitigation and the subsequent
installation of the required
wildlife habitat area. Ms. Haer
reported that eight dead or
sub-standard trees at the park
had been replaced and would be
paid for with the grant
committee money. She also stated
that the entrance gates and
handrails had been installed and
would be paid for with one-half
each from TEA-21 and WVEDA grant
funds.
The Mayor reported that
Police Chief Ronnie Spencer had
provided information for Council
to review regarding changes to
the police department vacation
policy and the costs associated
with the change. The Mayor
stated that Council should feel
free to contact Chief Spencer
with any questions before the
next Council meeting. He added
that the policy change would be
on the December meeting agenda.
The Mayor then recognized
Jerry Bain of the Vietnam Moving
Wall Memorial committee. Mr.
Bain reported that there were in
excess of 22,000 visitors to see
the Memorial. Mr. Bain thanked
Council and the City for helping
with the project. The Mayor
responded that it was the City
and the residents who needed to
thank Mr. Bain for his efforts.
The Mayor stated that the event
was well organized and an
excellent opportunity for all
the citizens who might not be
able to visit the permanent
memorial in Washington. The
Mayor added that it was an
excellent educational
opportunity for the school
children as well.
Mayor Wilson then
recognized Jeremy Rose. The
Mayor stated that Mr. Rose had
previously appeared before the
Planning Commission requesting
permission to set up his camper
as a temporary residence on the
Wesleyan Holiness Bible College
Campus on Lincoln Avenue. The
Mayor stated that the Planning
Commission made no
recommendation. Mr. Rose
explained to Council that he had
been approached by City
officials and told that it was
against City Ordinances to live
in a camper within the City
limits for a period longer than
forty-eight hours. He added that
he had come before Council to
ask that they relax the
Ordinance until a room became
available at the college. He
stated that he had previously
stayed at Krodel Campground but
because his wife now worked at
the Bible College, they needed
to live closer to the campus.
Ronald R. Kapp stated that the
Planning Commission could give
no recommendation as there was
no variance that could be
granted. Carol L. Jones stated
that the City needed to follow
the Ordinance and enforce it
fairly. She added that the City
had recently asked another
person staying in a camper to
leave. The Mayor told Council
that he had advised Mr. Rose of
his right to appear before
Council to ask for some type of
relief. After a long discussion,
Carol L. Jones made a motion to
offer Mr. Rose a camping space
at Krodel for special summer
rates due to hardship reasons.
Robert C. Doeffinger added the
second and the motion passed
unanimously.
Mayor Wilson asked for a
motion to approve the minutes of
the Regular Council meeting of
October 12, 2004. J. Glenn Long
made a motion to approve and
Ronald R. Kapp 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 October 2004. Ronald R.
Kapp made a motion to approve
and J. Glenn Long 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
October. Robert C. Doeffinger
made the motion and Brian L.
Billings added the second. Being
no discussion, the motion passed
by majority of vote 6-0-1 with
M. Leota Sang abstaining.
Finance Director Ronald
E. Siders stated that it was
time to make a decision with
respect to the Christmas Bonus. Mr. Siders explained that
the bonus was $550.00 for
full-time employees and $250.00
for part-time employees and that
the bonus was budgeted. J. Glenn
Long made a motion to approve
the bonus and Brian L. Billings
added the second. The motion
passed unanimously.
Mr. Siders also informed
Council that the garbage truck
was paid for in full and that
the City had received the title
for the truck.
Next on the agenda was
City attorney James Casey.
Jeremy Vickers was present
representing Mr. Casey’s
office. Mr. Vickers stated that
he would address questions
concerning the new and amended
ordinances as they arose under
the clerks agenda.
Next on the agenda was
City Clerk Stanton D. Burdette.
Clerk Burdette presented
invoices totaling $5,089.90 for
work done at the River Museum.
Ronald R. Kapp made the motion
to pay the invoices and M. Leota
Sang added the second. The
motion passed unanimously.
Clerk Burdette presented
the third reading of the
proposed replacement of Section
13, Chapter 3, Article 1345;
Sexually Oriented Businesses
(Adult Entertainment Ordinance).
Jeremy Vickers answered various
questions from Council members.
M. Leota Sang stated there were
some changes and several
corrections that needed to be
made before the final reading.
After a lengthy discussion, it
was decided to table the 3RD reading for further review,
consideration and corrections.
The City Clerk then
presented the 2ND reading of Section 13, Chapter
3, Article 1346; Video Lottery
Ordinance. Kevin R. Nott made
the motion to adopt the second
reading and advance to third
reading with right to amend.
Robert C. Doeffinger added the
second. The motion to advance
with right to amend was approved
unanimously. After discussion,
Brian L. Billings made a motion
to amend the ordinance to
include the restriction of a
1000 foot straight-line distance
from a proposed lottery
establishment to the nearest
existing lottery establishment,
school, religious institution,
public park, child care center
or residentially zoned area. M.
Leota Sang added the second. The
motion failed 3-5 with Kevin R.
Nott, Ronald R. Kapp, Robert C.
Doeffinger, William H. Wallace
and J. Glenn Long voting
against. After further
discussion, Kevin R. Nott made a
motion to amend the ordinance to
make it unlawful to operate a
limited video lottery or Keno
establishment within 150 feet of
an existing lottery or Keno
establishment or within 300 feet
of a religious institution,
school or child care center. J.
Glenn Long added the second.
After all discussions, the
motion to amend the ordinance
with the distance restrictions
was approved 7-1 with M. Leota
Sang casting the dissenting
vote.
In closing, Clerk
Burdette presented Council with
the 2003-2004 Annual Police
Pension Report. Mr. Burdette
stated that the WV Treasurers
Office had reviewed the report
and found it to be satisfactory.
Next on the agenda was
Mayor Wilson. Mayor Wilson
informed Council that legal fees
associated with the ongoing
Riverfront Park
Mediation-Arbitration were
mounting and probably nearing
the $10,000.00 area. It was
decided that the legal fees
should be paid for with
Riverfront Park funds if there
was any money available. The
City Clerk suggested the City
Attorney review the legal
documents regarding the funds to
see if this was possible.
The Mayor informed
Council that the Halloween party
at the Riverfront Park was a
huge success. Mayor Wilson
commended Denise Scarberry for
her hard work in organizing the
event. The Mayor commented that
there are many volunteers that
help make all the events
possible.
The Mayor reported that
with regards to the North Point
Pleasant Drainage project, a
meeting was held with Council to
interview the three
architectural/engineering firms
that had expressed interest in
working on the project.
WOOLPERT, LLP, Burgess &
Niple, Inc., and Environmental
Design Group were the firms
present with
presentation/proposals on the
project. The Mayor stated that
those present at the meeting
were most impressed with Burgess
& Niple, Inc. Brian L.
Billings made a motion to
negotiate a fee for services
with Burgess & Niple. Robert
C. Doeffinger added the second
and the motion passed
unanimously.
The Mayor stated that
Zambelli Fireworks had notified
the City that in order to
receive the 10% discount, they
had to be notified prior to
November 15. Robert C.
Doeffinger made a motion to
purchase the fireworks from
Zambelli Inc. and Ronald R. Kapp
added the second. The motion
passed unanimously.
The Mayor informed
Council that the City would like
to hold a surplus auction on
Thursday November 18, 2004. He
added that Rick Pearson would be
the auctioneer and all the items
to be sold were no longer used
by the City. Ronald R. Kapp made
a motion that the City conduct
the auction and Robert C.
Doeffinger added the second. The
motion passed unanimously.
The Mayor stated that the
Christmas Parade would be held
on Friday November 19, 2004 with
the Krodel Fantasy Light opening
immediately afterward.
The Mayor asked for a
motion to declare November 15-19
as Mason County Homeless Shelter
Week. M. Leota Sang made the
motion and J. Glenn Long added
the second. The motion passed
unanimously.
The Mayor then asked for
a motion to declare November
21-27 as Christian Heritage Week
in the City. Ronald R. Kapp made
the motion and M. Leota Sang
added the second. The motion
passed unanimously.
The Mayor then asked
Council to approve a
proclamation declaring November
as National Home Health Care
Month. Brian L. Billings made
the motion and Ronald R. Kapp
added the second. The motion was
approved unanimously.
The Mayor asked to change
the December meeting from Monday
December 13 to Tuesday December
14 due to scheduling conflicts.
Brian L. Billings moved to
change the meeting date and
Ronald R. Kapp added the second.
The motion passed unanimously.
In Council concerns,
Carol L. Jones said some
residents were requesting that
some stop signs be erected in
Meadowbrook. The Mayor informed
Council that such requests had
to go through the Street
Committee and that there also
had to be public hearings. The
Mayor asked William H. Wallace
to schedule a Street Committee
meeting as soon as possible to
look at that request as well as
other requests that had been
made recently.
Ronald R. Kapp thanked
Jerry Bain for the work involved
with the Vietnam Moving Wall
Memorial and the Haer Bears 4-H
group for planting trees and
flowers at the Medal of Honor
Park.
William H. Wallace stated
that leaves needed picked up
along Monroe Avenue. The Mayor
added that the leaf machine had
been repaired and was in good
working order.
Robert C. Doeffinger
reminded the Mayor about the
utility pole holes in the
sidewalk that needed grouted on
Main Street.
M. Leota Sang commented
that she hoped the new doctor
offices on Jefferson Avenue
would be properly landscaped.
She stated that some residents
had raised concerns about the
landscaping and parking fronting
Jefferson Avenue. Ms. Sang
commented that she was happy to
see increased police coverage in
her Ward since the last meeting.
In closing, she commented that
the City employees had done a
wonderful job in keeping the
Riverfront Park clean.
There being no other
business, Kevin R. Nott moved to
adjourn the meeting and J. Glenn
Long added the second. The
meeting was adjourned at 9:20
P.M. by unanimous vote.
_______________________________ James
H.
Wilson,
Mayor
______________________________Stanton
D.
Burdette,
City
Clerk
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