Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



October 12,, 2004





Mayor James H. Wilson X  
City Clerk Stanton D. Burdette X  
City Attorney James M. Casey X  
Finance Director Ron Siders X  
Executive Secretary Harriett Nibert X  
Municipal Judge Jeremy T. Vickers   X
At Large Brian Billings X  
At Large Kevin R. Nott   X
First Ward James W. Fetty   X
Second Ward Robert C. Doeffinger, Jr. X  
Third Ward M. Leota Sang X  
Fourth Ward J Glen Long X  
Fifth Ward Elaine Grimm Hunt X  
Sixth Ward Ronald R. Kapp X  
Seventh Ward William H. Wallace X  
Eighth Ward Carol L. Jones   X


The minutes posted to these pages are the exact words contained in the official minutes on file in the City Clerks office. The format has been changed to make the information easier to read when presented in an Interned browser. Every effort is made to insure accuracy in transferring the information to these pages.  In all cases, the document on file at the City Building will be considered the official document.

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, 2004. 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 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 Finance Committee. 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 against. 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 soon. 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 savings/retirement plan. 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 unanimously. 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 recommendations: 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 unanimously. 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.  

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk 






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