City of Point Pleasant, WV

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 Monday May 9, 2005. M. 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. The 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:

Poster Contest Third/Fourth Grade             Fifth/Sixth Grade First            Hannah Perry        First            Lydia Allen Second            Chelsea Mullins     Second            Madilynn Nolan Third            Hunter Nolan        Third            Anna Leonard

Slogan Contest   “DON’T LOUNGE AROUND, HELP CLEAN UP YOUR TOWN” Middle School Winner            Tyler Miller   Tee- Shirt Design Contest High School First            Katie Litchfield Second            Kendra Gaskins Third            Heather Richardson

The 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. In 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. The 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. Next 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 parties. The 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 approved. Next 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.  Next on the agenda was City Attorney James Casey.  Mr. Casey stated that the Riverfront Park Arbitration would take place May 31^st thru June 2^nd in the City Council Chambers.  He stated that Jeremy Vickers had been working on the Ordinances on changing the traffic flow on 3^rd street from one-way to two-way and the closing of an alley at the proposed Farmers Bank location.

Jeremy Vickers then presented the first reading of: AN ORDINANCE TO REVISE AND AMEND PART THREE-CHAPTER ONE, ARTICLE 305(TRAFFIC CONTROL), SECTION 305.01 (ONE WAY STREET)

The 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:

AN ORDINANCE TO VACATE DEDICATED ALLEYWAYS WITHIN THE CITY OF POINT PLEASANT, PART THREE-CHAPTER ONE, ARTICLE 305(TRAFFIC CONTROL), SECTION 305.07 (VACATED ALLEYWAYS)

The 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 unanimously approved. Next 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. Clerk Burdette presented the 2^ND 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. Mr. 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. Lastly, 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. Next 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. The 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 unanimously approved. The 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 July. The 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. The 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. In 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. Ronald 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. Elaine 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. William 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. Councilman 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. M. 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. There 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.  

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk