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 Monday May 9, 2005.
Leota Sang led Council in Prayer. The meeting was called to order by
Mayor James H. Wilson who led Council in the Pledge of Allegiance.
Mayor stated that the first order of business was to recognize the
winners of the contests associated with the City-Wide Clean-Up. Jacob
Hill, event coordinator, stated there were prizes to be awarded to the
top three finishers in each age group and category. The winners were as follows:
Third/Fourth Grade Fifth/Sixth
First Hannah Perry First Lydia Allen
Second Chelsea Mullins Second Madilynn Nolan
Third Hunter Nolan Third Anna Leonard
“DON’T LOUNGE AROUND, HELP CLEAN UP YOUR TOWN”
Winner Tyler Miller
Tee- Shirt Design Contest
First Katie Litchfield
Second Kendra Gaskins
Third Heather Richardson
Mayor reported that there Were several participants in the project and
177 bags of trash were collected. He thanked those in attendance for
their participation and stated that he had been to the schools and
thanked them also.
Darlene Haers absence, City Clerk Stanton D. Burdette presented a
Riverfront Park invoice in the amount of $880.00 for architectural and
engineering work done by WOOLPERT, Inc. The invoice represents a partial
payment of Addendum #8 for picnic shelter and marina design work. The
invoice would be paid for with the WVEDA Grant Committee Funds. Ronald
R. Kapp made the motion to pay the invoice and Robert C. Doeffinger
added the second. The motion was unanimously approved.
Mayor then stated that there was a Small Cities Block Grant Public
Hearing prior to the Council Meeting. He stated that there was nobody
present to speak for or against the project. He then introduced Kathy
Elliott of the Region II Planning and Development Council. Ms. Elliott
stated that the proposed project (Main Street Preservation and
Revitalization Project) encompassed the façade renovation of four
buildings located on Main Street. She stated that the grant request was
in the amount of $298,583.00 to restore the architectural integrity of
the buildings, create usable business space and provide jobs. She stated
that a waiver needed to be signed because the City had an existing grant
(Riverfront Park) that had not been closed. Ms. Elliott then presented a Resolution Authorizing the Filing of
a Small Cities Block Grant. Ronald R. Kapp made a motion to approve and
Kevin R. Nott added the second. The Resolution was adopted unanimously.
Ms. Elliott then presented a Resolution Adopting the Community
Development and Housing Needs Assessment Summary. Brian L. Billings made
a motion to adopt the Resolution and Kevin R. Nott added the second. The
Resolution was unanimously adopted. Lastly, Ms. Elliott presented
several papers for the Mayor to sign to meet application guidelines.
on the agenda were residents concerned over the proposed “Point of
Hope” transitional living house for recovering substance abusers to be
located at 2005 North Main Street. City Resident Jean Casto stated that
she was not opposed to these types of facilities but she felt it was in
the wrong neighborhood. She stated that she counted approximately forty
children living in the area. She also stated that she felt the building
was a fire hazard and should have been torn down. She also noted that
the building was on a small lot with very little room for recreational
activities or parking. She also stated that the proposed facility was in
close proximity to a church, day care facility, city pool, youth center
and several ball fields. Ms. Casto presented petitions with over
one-hundred (100) signatures opposing the facility. The Mayor suggested
that the group meet with the Point Of Hope Committee to try to reach
some agreement. Resident Earl McCarty asked who owned the property and
the Mayor replied that it was owned by the Point of Hope Foundation.
Councilwoman Sang asked for the names of the Foundation members. A
resident asked who the Foundation bought the property from and the Mayor
replied that it was donated to the Foundation. Councilwoman Sang asked
who donated the property and Mayor Wilson stated that he donated it to
the Foundation. Councilwoman Sang asked who purchased the property from
the owner. The Mayor replied that he and Building Inspector Greg Walker
purchased the building from the previous owner. Councilwoman Sang added
that for the record, she had some questions regarding the proposed
facility. Ms. Sang asked what type of housing it was to be considered
and the Mayor replied that it was apartments for now. Ms. Sang asked if
the property needed to be rezoned and the Mayor replied no. He stated
that it would fall into semi-public use. Councilwoman Sang asked who was
doing the building inspections. The Mayor replied that the City
Inspector would do what inspections were needed but that the City really
did not do a lot of inspections. Ms. Sang stated that the City Inspector
would really be inspecting his own property. The mayor stated that it
was the Foundations property and Ms. Sang responded that it was reported
that the City Inspector was the Executive Director of the Foundation.
Ms. Sang asked if the property was ever condemned or if the previous
owners had ever been told that it would be condemned. The Mayor stated
that the property was on the list of those needing repairs. He added
that the City Inspector did talk to the owners and told them that if
improvements were not made, it would be condemned. Ms. Sang stated that
she felt that the City Inspector should not have told them that it would
be condemned without informing the Enforcement Agency. Mayor Wilson
stated that the Enforcement Agency did not need to be notified because
the owner sold the property and moved. Ms. Sang asked how the facility
would be supported. The Mayor replied that it would be supported by the
Foundation and grants. Earl McCarty asked questions regarding asbestos
in the building. The Mayor said he had no knowledge of any asbestos. Ms.
Sang then asked how many men would be housed at the facility. The Mayor
replied that they were not sure until the remodeling took place. William
H. Wallace stated he felt it would be a good idea for all involved to
sit down and have each others questions answered. Councilman Ronald R.
Kapp stated that the Point of Hope had approached the Planning
Commission two months earlier and asked if the City Ordinances allowed
them to locate in this area. The Planning Commission, after looking at
all state and local codes and ordinances, informed the Point of Hope
that they could locate there based upon the information given to the
Planning Commission. Councilman Doeffinger stated that he interpreted it
to be a multi-family dwelling which was is a conditional-use requiring
Zoning Board approval. M. Leota Sang requested that the Board members of
the Point of Hope Organization be added to the minutes of the meeting.
(Names were requested but not provided for addition to the minutes) Ms.
Sang stated that the proposed facility would be located in her ward and
that with the present concerns over distressed properties there, she did
not feel like it was a good environment for the organization. In
closing, the Mayor said he would set up a meeting with all involved
Mayor asked for a motion to approve the minutes of the Regular Council
meeting of April 11, 2005 and Special Council meeting of April 19, 2005.
Ronald R. Kapp moved to approve and Brian L. Billings added the second.
The motion was approved 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 April 2005.
Brian L. Billings 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 April 2005. William H. Wallace made the motion and Ronald R.
Kapp added the second. Being no discussion, the motion was unanimously
on the agenda was Finance Director Ron Siders. Mayor Wilson stated that
Mr. Siders had accepted another job and would be leaving the City.
Council Members thanked Mr. Siders for his dedicated service. Mr. Siders
stated that he had no problem if the City wished to do an audit. The
Mayor stated that the year end audit period would be at the end of June.
on the agenda was City Attorney James Casey. Mr. Casey stated that the Riverfront Park Arbitration would take
place May 31st thru June 2nd in the City Council
Chambers. He stated that
Jeremy Vickers had been working on the Ordinances on changing the
traffic flow on 3rd street from one-way to two-way and the
closing of an alley at the proposed Farmers Bank location.
Vickers then presented the first reading of:
ORDINANCE TO REVISE AND AMEND PART THREE-CHAPTER ONE, ARTICLE
305(TRAFFIC CONTROL), SECTION 305.01 (ONE WAY STREET)
Ordinance would the dissolve one way traffic on Third Street from Main
Street to Viand Street and revert back to two way traffic. Ronald R.
Kapp made a motion to approve the Ordinance with right to amend. Kevin
R. Nott added the second and the motion was unanimously approved.
Next, Mr. Vickers presented the first reading of:
ORDINANCE TO VACATE DEDICATED ALLEYWAYS WITHIN THE CITY OF POINT
PLEASANT, PART THREE-CHAPTER ONE, ARTICLE 305(TRAFFIC CONTROL), SECTION
305.07 (VACATED ALLEYWAYS)
Ordinance would vacate the alley between Sixteenth and Eighteenth
Streets on the Eastern side of Jefferson Boulevard. William H. Wallace
made the motion to approve the first reading of the Ordinance with the
right to amend. Kevin R. Nott added the second and the motion was
on the agenda was City Clerk Stanton D. Burdette. Clerk Burdette
reported that the Sewer Depreciation Fund account had been set up and
that an initial deposit of $25,000.00 had been made and that monthly
deposits of $1,000.00 had been set up.
Burdette presented the 2ND reading of Article 747: Municipal
Service Fee increase. Mr. Burdette stated that the increase was one
dollar ($1.00) for fire protection, fifty cents ($0.50) for parks and
fifty cents ($0.50) for cemeteries. Ronald R. Kapp made a motion to
approve the second reading with right to amend. William H. Wallace added
the second. In discussion, Brian L. Billings asked if the fire fee had
been researched and if it was legal. The Mayor stated that he had been
told that in other cities, those outside the City boundaries were billed
but that they were not forced to pay. The second reading was approved
with right to amend by a vote of 6-1. M. Leota Sang opposed.
Burdette then presented the second reading of Article 953: Garbage Fee
increase. Mr. Burdette stated that the increase was two dollars ($2.00)
for residential customers only. The total garbage fee would then be
fifteen dollars ($15.00) per month. William H. Wallace made a motion to
adopt the second reading with right to amend. Kevin R. Nott added the
second and the second reading was adopted 4-3 with Brian L. Billings,
Elaine G. Hunt and M. Leota Sang opposed.
Clerk Burdette presented the second reading of Article 731: Business and
Occupation Tax rate increase. Mr. Burdette explained that all categories
that could be raised would be increased fifteen percent (15%). Ronald R.
Kapp made the motion to adopt the second reading with right to amend.
William H. Wallace added the second and the second reading was adopted
5-2 with Elaine G. Hunt and M. Leota Sang voting in opposition. Mr.
Siders added that a notice would be sent out to business owners in the
2006 Business License Renewal mailing.
on the agenda was Mayor Wilson. Mayor Wilson informed Council that only
one interested party (Grilladelphia) had made a proposal to lease the
concession stand at Krodel Park. Kevin R. Nott made a motion to accept
the proposal to lease the concession stand and Brian L. Billings added
the second. In discussion, the Mayor stated that a public hearing would
have to be held and that the City Attorney would have to draft the lease
agreement for Council to approve. Being no other discussion, the lease
proposal was approved unanimously.
Mayor then asked for a motion to appoint Jack Roach to another term on
the Housing Authority Board. M. Leota Sang made the motion for
reappointment and Kevin R. Nott added the second. The motion was
Mayor informed Council that the Administration had been looking at cost
figures for summer employment and opening of the City Pool. He stated
that both posed significant financial concerns that Council needed to
address. In an open discussion, most agreed the pool should open when
school closes for summer vacation and remain open through the end of
Mayor then presented Council with a financial summary from the
engineering firm (Burgess & Niple) retained by the City to do
preliminary work on the North Point Drainage Project. The Mayor informed
Council that it looked like sewer rates would have to be increased for
the City to qualify for low interest loans for the project. He urged
Council to study the summary. He stated that the firm would attend the
June meeting to answer question that Council may have.
Mayor then presented Council with a RESOLUTION TO ADOPT AND ENTER INTO A
FORMAL AGREEMENT WITH THE WEST VIRGINIA DEVELOPMENT OFFICE. The Mayor
stated that Charles Humphreys of the Main Street Point Pleasant
Association had applied for and received a grant in the amount of
$3,000.00 to help promote and develop the City of Point Pleasant. Brian
L. Billings made a motion to adopt the Resolution and M. Leota Sang
added the second and the motion was unanimously approved.
Council Concerns, Kevin R. Nott stated in regards to the Point Of Hope
halfway house, that he had mixed feelings on the issue and some of the
same concerns as the residents. He added that some citizens thought the
Point of Hope was a City structured project. The Mayor stated that it
was not. Brian L. Billings stated that he also had concerns with the
halfway house. Mr. Billings added that Krodel Park needed some more
attention as far as cleanliness and removal or storage of materials.
R. Kapp stated that as far as the Planning Commissions input into the
Point of Hope House, the Commission listened to the Boards proposal and
then as a member of the Commission, he attended a meeting of the Point
of Hopes Board. Mr. Kapp stated that the Commission felt the house was
permitted under semi-public use but he told them that other restrictions
might apply. Mr. Doeffinger stated that he did not feel it was the
Planning Commissions duty to make those judgments. The Mayor stated that
he felt that the Planning Commission should give direction. Mr. Kapp
asked if Council was going to question every decision that the
Commission made. Mr. Doeffinger stated that he may question the
Commissions decisions if he had an interpretation that differed from
that of the Commission. Mr. Doeffinger stated that he felt like the
facility was a multiple family dwelling and had to meet the zoning
guidelines associated with that use.
G. Hunt asked if City Inspector Greg Walker should be doing the
inspections at the Point of Hope Building being that he was Director of
the organization. City
Attorney Casey said he understood that the State Fire Marshall was going
to inspect the building.
H. Wallace stated that he had started working with the Regatta Committee
to put the events together for the 2005 Regatta. He stated that letters
had been sent out seeking donations. He added that most of the
entertainment had already been scheduled as well as the parade. Mr.
Wallace stated that Greg Hall would be in charge of parade activities.
Also, Mr. Wallace stated that there were sternwheeler cruises again this
year. In closing, Mr. Wallace asked about the mosquito problem and the
North Point Drainage Project. Mr. Doeffinger stated that according to
the engineering report, sewer rates would have to be raised considerably
to qualify for the low interest loans. In closing, Mr. Wallace stated
that maybe it was just time to raise the rates and do the project for
the health of the neighborhood children.
Doeffinger stated that in regards to the recent re-zoning of the
proposed Farmers Bank location, he had received information that
supported his position that the issue was not handled properly. Mr.
Doeffinger presented information to be entered into the minutes from Jim
Wood, AICP. Mr. Wood is the Planning Director of Morgantown and the
Vice-President of the West Virginia Planning Council. Mr. Wood stated in his letter stated that the two sections of the
West Virginia Code that were used in the rezoning issue did not apply to
rezoning but rather to the development of a comprehensive plan. (A copy
of the correspondence with Mr. Woods is attached to minutes of this
meeting.) Mr. Doeffinger stated that the Planning Commission acted
improperly by sending the issue back to Council for a second vote after
it had been denied by Council. The Mayor stated that the City Inspector
had talked to Mr. Wood but that possibly the wrong questions were asked
or there was some misunderstanding. The Mayor added that he thought the
City was acting properly.
Leota Sang stated she had contacted the West Virginia Municipal League
which directed her questions about the rezoning issue to Mr. Wood. She added that she did not think the issue was handled
properly and that it should not have been sent back to Council by the
Planning Commission for a second vote. She added that she wanted it
stated for the record that Council did not have to vote the second time.
being no other business, Kevin R. Nott moved to adjourn the meeting and
Brian L. Billings added the second. The meeting was adjourned at 9:00
P.M. by unanimous vote.