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 Tuesday October 12,
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
Mayor Wilson introduced Greg Harrick and Larry Smith of the
Burgess & Niple engineering firm. Mr. Harrick updated Council on the
wellfield study that had to be done. He stated that the study was
approximately 6 months behind schedule and that the EPA and DEP were
presently reviewing it. He stated that the review process could last up
to 100 days. Mr. Harrick then introduced Mr. Smith, a Chemical Engineer
who specializes in Brownfield projects. Mr. Smith presented a slide
program explaining what Brownfields were and what could be done to make
those properties an asset to the community again. HE stated that
Brownfields were typically abandoned industrial or chemical facilities
with either real or perceived contamination issues. He explained that
there was Federal Environmental Protection Agency Grant money available
to do site assessment work to determine what remediation work would need
to be done on the property. He added that once all remediation work was
done under federal guidelines, the property would then be given a clean
certificate from the EPA. Mr.
Harrick explained that on a recent visit to the City, he had noticed the
old Malleable Iron Property and thought it might be a viable project for
which to seek funding. He added that if the Project was chosen for
funding, the City would have to provide a 20% financial match for the
actual remediation work. Mr. Harrick then presented a contract proposal
in the amount of $3,500.00 to prepare the grant application. The Mayor
added that he wanted Council to know that there were options available
for the City and property owners in dealing with these properties.
Mayor Wilson then introduced Police Chief Ronnie Spencer.
Chief Spencer gave the monthly police report and also informed Council
that the department placed 2nd in the
“Click-It-Or-Ticket” campaign for the year. In other matters, he
stated that officers had been leaving the department to work for other
agencies. He stated that the sheriff’s department and the state police
both had better vacation plans. Chief Spencer explained the plan that
the other agencies were using. He stated that he had sent a letter to
the Civil Service Board and they had approved the plan. He added that he
felt this would be an incentive to keep officers on the City force.
Elaine G. Hunt made a motion to adopt the vacation plan approved by the
Civil Service Board and Brian L. Billings added the second. In
discussion, Robert C. Doeffinger stated that he would like to see the
financial difference between the two plans. After all discussion, J.
Glenn Long made a motion to lay over the vote until the next regular
Council session in order that comparisons could be presented to the
The Mayor, reporting for Jerry Bain, stated that the Vietnam
Wall Moving Memorial would arrive and be set up on October 27 and that
there would be an opening ceremony on October 29 at 10:00 AM. He
reported that Mr. Bain had been working very hard to be prepared for the
event. Elaine G. Hunt added that the opening ceremony should be a very
nice event with what Mr. Bain had planned.
Mayor Wilson then introduced Fire Chief Jeremy Bryant. Chief
Bryant reported that he had received a letter from the Mayor requesting
the use of the old dispatcher’s office. Mr. Bryant explained that the
office was a vital office for the department. He stated that the office
contained telephones, a fax machine and radio communications equipment.
Chief Bryant added that the volunteers use that office to complete
written reports after each run. The Mayor stated that he rarely ever saw
anyone in that office. He added that he was looking for additional
office space and that office was the logical choice. Jim Blake of the
fire department commented that the office was vital to the department.
He added that he did not want to lose anymore space than they had
already lost. In closing, Mr. Blake said he felt the floors of the
department needed some structural attention. The Mayor said that the use
of the room may be temporary as he wanted to re-arrange the office space
at the front of the building. After further discussion, it was decided
that the Mayor and the Fire Chief would get together to re-examine the
alternatives. In closing, the Mayor stated that he was in no way trying
to run the fire department out of the building. Brian L. Billings asked
that Council be informed of the results of the meeting.
Mayor Wilson asked for a motion to approve the minutes of the
Regular Council meeting of September 13, 2004. Ronald R. Kapp made a
motion to approve and William H. Wallace 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 September 2004. J. Glenn
Long 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
September. Ronald R. Kapp made the motion and Brian L. Billings added
the second. Being no discussion, the motion passed unanimously.
Next on the agenda was City Attorney James M. Casey. Mr.
Casey presented the third reading of the Wireless Tower Siting
Ordinance. He stated that the changes recommended in the workshop had
been made to the ordinance. There were no persons present to be heard in
opposition to the ordinance. After
discussion, Robert C. Doeffinger made a motion to adopt the 3rd and final reading of the Ordinance. J. Glenn Long added the second and
the Ordinance was adopted unanimously. Mr. Casey added that the new
ordinance would fall under Section Thirteen, Chapter 3, Article 1347 of
the Codified Ordinances.
Mr. Casey then presented the second reading of the proposed
replacement of Section 13, Chapter 3, Article 1345; Sexually Oriented
Businesses. J. Glenn Long made a motion to adopt the 2ND reading with right to amend. Ronald R. Kapp added the second. In
discussion, concerns were raised that the City was trying to legalize
adult entertainment. Mr.
Casey stated that it was unconstitutional to make it illegal. It was
pointed out that the distance from churches, schools, residential areas
or other such establishments would be 1000 feet. The Mayor added that
while at a recent liability insurance risk seminar, he learned that if
the City passed an ordinance so strict as to make it illegal, it would
be struck down in a court hearing. After all discussions, the motion to
adopt the 2ND reading passed 5-2 with M. Leota Sang and
Elaine G. Hunt voting against.
Mr. Casey then presented the 1ST reading of
Section 13, Chapter 3, Article 1346; Video Lottery Ordinance. Robert C.
Doeffinger made the motion to adopt the first reading with right to
amend. Brian L. Billings added the second. In discussion, some Council
members had concerns that they had not had an opportunity to read the
proposed ordinance thoroughly. The Mayor stated that he thought Council
would want to act on the 1ST reading and then bring forth
changes at the 2ND reading. Mr. Casey stated that it was
typical to do that. The motion to adopt the 1ST reading of
the ordinance passed 5-2 with Elaine G. Hunt and M. Leota Sang voting
Mr. Casey updated Council on the continuing mediation with
respect to one of the contractors who worked on the Riverfront Park. He
stated that the contractor wanted to go through formal arbitration.
Robert C. Doeffinger asked if the City was bound to go to arbitration
instead of filing suit in the County Courthouse. Mr. Casey stated that
it appeared as if the City was required by the contract to go through
formal and binding arbitration.
Mr. Casey reported that bonds could be sold to finance street
repair and paving. He suggested that a bond attorney from a law firm in
Charleston might be willing come to the City and discuss the issue with
the finance committee and Council. In discussion, it was stated that the
bonds could either be repaid through service fees or a special levy. The
Mayor added that street prioritization and estimates needed to be done
Next on the agenda was City Clerk Stanton D. Burdette. Mr.
Burdette reported that the increase in the police fee was generating
about $2,400.00 per month. Also, Clerk Burdette reported that since the
City was contributing to the police pension fund, he did not know
whether it was ethical to contribute to the officer’s
Next on the agenda was Mayor Wilson. The Mayor reported that
with regards to the North Point Pleasant Drainage project, a meeting
would be held soon 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 responded
to the advertised request for expression of interest.
The Mayor stated that the finance committee had met and
discussed the request for funds from River Museum Director Jack Fowler.
Mr. Fowler had earlier requested an additional $480.00 per month to help
pay the salary of the employee at the museum. The Mayor stated that the
finance committee had recommended funding the request. Ronald R. Kapp
made a motion to contribute the requested additional $480.00 per month
starting October 1, 2004 through the end of the budget year (June 30,
2005). Robert C. Doeffinger added the second and the motion passed
The Mayor reported that Trick-or-Treat would be on Thursday
October 28Th from 5:30PM-6:30PM. The Halloween Block Party
would follow immediately at the Riverfront Park. Ms. Scarberry of the
block party committee had sent a letter requesting support from the
City. The Mayor added that the finance committee had agreed to help
support the party. William H. Wallace made the motion to donate $300.00
to support the project and Brian L. Billings added the second. The
motion passed unanimously.
The Mayor reported that Marshall University had requested
that the City sign a proclamation declaring October 20, 2004 as Marshall
University Day in the City. J. Glenn Long made the motion and Ronald R.
Kapp added the second. The proclamation was approved unanimously.
The Mayor stated there were seats up for appointment or
reappointment on the following committees and gave the following
Planning Commission: Shawn Huffman to replace Jack Juniper
Historic Landmark Commission: Reappoint Lesa Doeffinger
Reappoint Judaline Liberatore
Zoning Board: Reappoint James Stearns
Reappoint Harvey Blain
J. Glenn Long made a motion to approve the recommendations
and Brian L. Billings added the second. The appointments were approved
In Council concerns, William H. Wallace stated that he felt
speeding was becoming a problem in some areas of the City.
Robert C. Doeffinger reminded the Mayor about the utility
pole holes in the sidewalk that needed grouted on Main Street.
Elaine G. Hunt added that the Vietnam Memorial Moving Wall
event was still in need of volunteers.
Ronald R. Kapp stated that he had a petition from 13 campers
at Krodel Park who wished to have some gravel spread at the campground.
M. Leota Sang commented that speeders were becoming a problem
on Jefferson Avenue. She added that stop signs needed to be installed at
the same intersections as Mount Vernon. Ms. Sang stated with the
increased school bus traffic, the problem was being magnified. She also
reported that heavy trucks from a construction project were traveling
the side streets. She added that some holes were developing due to the
increased heavy traffic. The Mayor added that Council members should
poll the residents in the neighborhood to see if they wanted the stop
signs. In closing, Ms. Sang added that she felt it would be beneficial
to have a person responsible for overseeing the mowing and other work
done at the cemeteries. The Mayor agreed.
There being no other business, Ronald R. Kapp moved to
adjourn the meeting and J. Glenn Long added the second. The meeting was
adjourned at 9:50 P.M. by unanimous vote.