City of Point Pleasant, WV

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 Allegiance

Being that there were only five members of Council present, M. Leota Sang asked that there be a clarification on what was considered a quorum. City Attorney James Casey stated for the record that a quorum was considered a majority of Council. He stated that according to Section 12 of the City Charter, the Mayor is considered a member of Council and therefore, Five Council Members and the Mayor would constitute a quorum.

Mayor Wilson recognized Darlene Haer of the Riverfront Park Committee. Ms. Haer reported that two quotes were received for core drillings necessary to design the picnic shelter for the park. Ms. Haer reported that TRIAD Engineering, Inc. submitted a bid of $5,676.00 and H.C. Nutting Co. submitted the low bid of $3,850.00. She added that the proposal from the company met the requirements of the architect, WOOLPERT,LLC. J. Glenn Long made the motion to approve the contract with H.C. Nutting Co. and to approve payment of the invoice when received. Ronald R. Kapp added the second and the motion was approved unanimously. Ms. Haer added that WOOLPERT,LLC had been working with the Corps of Engineers to design a more feasible floodwall opening for Sixth Street. The First design was cost prohibitive

The Mayor then introduced Krodel Campground Director Pat Sallaz. Ms. Sallaz explained that the campground was receiving free advertising in a major campground magazine. To meet the requirements of the magazine, the campground would have to designate at least 5 pull-thru campsites for travelers not wanting to unhook for overnight camping. She added that she had selected 5 campsites that could be utilized if there was some gravel spread for a roadway.

Mayor Wilson then excused himself from the next portion of the meeting due to having personal financial involvement. He turned the meeting over to City Clerk, Stanton D. Burdette. Mr. Burdette stated that the issue before Council was the denial of a previous zoning change request of property owned by CWF,LLC. The request was recommended by the Planning Commission and asked that the property located at 1716 Jefferson Boulevard and the adjacent lots be rezoned from R-2 to B-2. That petition was denied at the January 11, 2005 Council Meeting. Clerk Burdette stated that he had been advised by City Attorney James Casey that pursuant to WV Code 8-24-22, “should the City Council deny a recommendation by the Planning Commission, the Council must reply to the Commission as to why the petition was denied”. The Clerk further stated that the City Attorney approved the letter (reply) to be sent to the Commission with a copy sent to Council Members. The Clerk stated that he then received a letter from the Planning Commission that asked Council to reconsider their action and approve the zoning change request. There was some discussion as to whether the Clerk should have sent the letter to the Planning Commission without a formal motion by Council. The City Attorney stated that the clerk was performing an administrative duty in sending the letter. M. Leota Sang stated that she felt the letter should not have been sent without the Council’s approval. Mr. Casey stated that if a member of Council disagreed with the content of the letter, a motion could be made to rescind the letter. City resident Ms. Wilma Withers asked to be recognized. She stated that in an earlier, unrelated zoning request, she was told that the vote of Council was final and definite. She asked why the law had changed so much in a year’s time. Mr. Casey stated that there was no reply necessary for an approval of such a request. He added that the time period for any type of appeal in that matter had expired and that it was not the issue before Council at this time. M. Leota Sang asked exactly where the issue was going next. Ronald R. Kapp stated that he understood the WV Code to say that Council had 45 days from the present (2-7-2005) meeting date to take action on the second recommendation from the Planning Commission on the request. City Attorney James Casey agreed with Mr. Kapp and added that Council could address the issue at the March meeting and still fall within the time allowed by the law. After a short recess, Mr. Burdette asked if there was anyone who wanted to make a motion to take action on the matter. Mr. Casey added that if no action were to be taken, a motion should be made to lay the recommendation over until the next Council meeting. M. Leota Sang made the motion to table the recommendation pursuant to section 12 of the Charter and Elaine G. Hunt added the second. (No vote required)

Mayor Wilson asked for a motion to approve the minutes of the Regular Council meeting of January 11, 2005. J. Glenn Long made a motion to approve and Kevin R. Nott added the second. Ronald R. Kapp noted that on page 41, the name Mr. Lieving needed to be changed to Mr. Groves.  The motion to approve the minutes 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 January 2005. Ronald R. Kapp made a motion to approve and Kevin R. Nott 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 January 2005. Kevin R. Nott made the motion and Ronald R. Kapp added the second. Being no discussion, the motion passed unanimously.  

Finance Director Ron Siders reported that the Auditor had been in the City and was working on the Audit. He reported that everything was going smoothly and Council should have received letters to sign from the Auditor.

Next on the agenda was City attorney James Casey. Mr. Casey stated that the Riverfront Park Arbitration was tentatively scheduled for February 24 & 25, 2005. Mr. Casey stated that J.D. & E. wanted a hearing at the end of the month but he wanted to delay the hearing until the deficiencies with the electrical system at the park could be exposed. He added that he had been in contact with Woolpert,LLC and Progressive Electric. Progressive Electric was the company that did the study highlighting some of the deficiencies in the system.  Mr. Casey also explained that he was continuing to work with the City of Charleston on a program offering a driving class to individuals with Municipal traffic violations. Mr. Casey stated that violators would be allowed to attend a one-hour driving class and pay the City for the class. The City would not turn the violation in to the Department of Motor Vehicles and therefore the citizen would have no points added to his driving record.

Next on the agenda was City Clerk Stanton D. Burdette. Clerk Burdette stated that the River Museum invoices were still under the previously approved $1,100.00 and that this would finish up the River Museum Grant Funding through the Department of Transportation. Clerk Burdette reminded Council that the proposed budget would have to be completed prior to next Council meeting. A budget Workshop was set for Thursday February 24 at 6:00 P.M.

Next on the agenda was Mayor Wilson. Mayor Wilson informed Council that he had received a letter from the Mason County Public Service District informing him that the District’s Board had met and passed a motion to formally extend an offer to transfer the Camp Conley Water and Sewer Infrastructure to the City of Point Pleasant. The Mayor advised Council that the Sewer and Water Committees would meet to discuss the matter.

The Mayor then said that employee pay raises had been discussed by the Finance Committee and that he would present the plan at next Council meeting.

The Mayor informed Council that the Point Pleasant River Gauge was not working. He was informed that a new gauge could be installed at no charge but it would cost approximately $5,000.00 per year to maintain. He added that he was looking for other agencies to partner with the City to help defray costs.

The Mayor informed Council that he would send a letter to Senator Charles Lanham congratulating him on his recent appointment to the State Senate.

The Mayor stated that “WV-Make It Shine Day” was set for April 16, 2005 and that he was going to use part-time employee Jacob Hill to organize the event.

The Mayor announced that the local National Guard Unit was to return home from Iraq soon. He stated that he had been in contact with the local office and that the City would try to help in some event showing support for the troops.

Next the Mayor introduced the proposed Krodel Park Campground rate increase that Ms. Pat Sallaz had earlier in the meeting discussed before Council. Ronald R. Kapp made a motion to approve the proposed increase and J. Glenn Long added the second. In discussion, Kevin R. Nott stated that he agreed with the proposed increase but would not be in favor of raising it again in the next 2-3 years. The motion to approve the rate increase was approved unanimously.

The Mayor then stated that appointments needed to be made to fill a vacancy on the Planning Commission and that also the City needed a Floodplain Manager. The Mayor stated that in order for the City to receive assistance through the Federal Emergency Management Assistance (FEMA) Program, that the City had to have a Floodplain Manager. The Mayor stated that John Bryant was the County Floodplain Manager and had served unofficially in that capacity for the City in the past. Now, the City would be required to have an official Floodplain Manager. The Mayor stated that Mr. Bryant had the credentials and necessary training to qualify for the position. Kevin R. Nott made a motion to appoint John Bryant to be the City Floodplain Manager and follow the recommendation of the Finance Committee as to what he should be paid. Elaine G. Hunt seconded the motion and it passed by majority approval with J. Glenn Long abstaining.

The Mayor then reported that Bruce Dennis had resigned from the Planning Commission due to health reasons. The Mayor recommended Brian Wedge to fill the vacancy with an expiration date of October 2006. Elaine G. Hunt made the motion to appoint Brian Wedge to the Commission and J. Glenn Long added the second. The appointment was approved unanimously.

There being no other business or concerns of Council, Kevin R. Nott moved to adjourn the meeting and J. Glenn Long added the second. The meeting was adjourned at 8:50 P.M. by unanimous vote.

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk