Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



March 07, 2005





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 Monday March 7, 2005. 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. City resident Butch Greenlee stated for the record that he would be tape recording the meeting and asked if there were any objections. Mayor Wilson recognized Darlene Haer of the Riverfront Park Committee. Ms. Haer presented an invoice from Woolpert,LLC in the amount of $2,640.00. The invoice represented design work done on the picnic shelter and marina. She added that one-half of the money would come from TEA-21 3rd year funds and the remaining half would come from the WV Economic Development Authority Grant Committee funds. J. Glenn Long made the motion to approve payment and Robert C. Doeffinger added the second. The motion was passed unanimously. Mayor Wilson then recognized Charlie Powell. Mr. Powell is the General Manager of the American Electric Power Company Mountaineer Plant in New Haven West Virginia. Mr. Powell introduced Chris Long who gave a slide presentation on the $500,000,000.00 Scrubber installation project at the plant. The presentation was very informative and was followed by questions from those present. 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 a zoning change request for property owned by CWF,LLC.  The request was made so that the property may be sold to Farmers Bank for the purpose of building a new bank there. The Planning Commission approved the request and recommended to Council 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 and tabled at the February 7th Council Meeting. Clerk Burdette recognized Ronald R. Kapp of the Planning Commission. Mr. Kapp stated that the Planning Commission was still recommending that the property be re-zoned. Robert C. Doeffinger stated that he felt any action on the issue would be out of line. He stated that the section of the West Virginia Code (WV 8-24-22) that the Planning Commission was using as its guide in the process had been repealed. He stated that he felt the commissions’ interpretation of the comprehensive plan was in error. Ronald R. Kapp then made a motion to accept the Planning Commissions’ recommendation and rezone the property from R-2 to B-2. Kevin R. Nott added the second. An in-depth discussion followed as to whether the proper code was being followed. Carol L. Jones and Robert C. Doeffinger presented City attorney James M. Casey with sections of the new code. J. Glenn Long made a motion to recess so that Mr. Casey could review the papers. Kevin R. Nott added the second and the recess was approved unanimously. Clerk Burdette called the meeting back to order after the recess. He then recognized the City Attorney. Mr. Casey stated that the former  WV 8-24-22 and WV 8-24-23 had been rewritten and recodified as WV 8A-3-10 and WV 8A-3-11. He stated that he felt the correct process was being followed; Council denied the initial Planning Commission recommendation and gave reasons why, the Planning Commission reviewed and resubmitted the request, the Governing Body then has 45 days to act on the amendment to the comprehensive plan. Mr. Casey stated that his interpretation was that proper procedure was being followed according to WV 8A-3-10 and 8A-3-11. Robert C. Doeffinger stated that he was in disagreement with Mr. Casey’s interpretation. City Resident Buster Riffle was recognized and he also was in disagreement with the interpretation. Mr. Casey again stated that the request was properly before Council. Clerk Burdette then allowed the citizens wishing to be heard an opportunity to speak. Dallas Kayser spoke on behalf of Farmers Bank and stated the Bank chose the location for lot size. He stated the bank had looked for a suitable location for over three years and this was the only location available. He stated the bank would be a beautiful facility and a good neighbor to the City. Buster Riffle stated that he felt WV Code 8A-3-11 dealt with the issue and it should not be up for another vote as it had been previously rejected by Council. Charlie Cook stated that he felt the citizens should have a bigger voice in planning issues. He said that he thought that if the citizens voiced there opinion in opposition, then the Planning Commission should vote with the citizens. Mr. Cook stated that he wanted copies of the legal notice and minutes of the Planning Commission meetings dealing with this issue. Gary Cotton, one of the property owners, stated that he had been approached by several people wanting to buy the property. Some of the individuals wanted to open Video Lottery establishments. He stated that he felt that a bank would be the perfect fit for the property. Larry Butler stated that he did not want to see a bank go there as there were too many other locations that a bank could be put. Butch Greenlee stated that he wanted residential areas to remain residential. Wilma Withers stated that she would like to see Farmers Bank locate in Point Pleasant. She added that the City Council had probably been negligent in not working harder to find a suitable location for the bank. She stated concerns about the flow of traffic from the proposed bank. She added that City Council previously re-zoned another area from R-2 to B-2 with restrictions. She stated that the City does not check up to see that the restrictions are being complied with. LuAnn Hussell stated that she was in favor of new businesses coming to the City. Ms. Hussell stated that she had been associated with nearby Crow-Hussell Funeral Home since 1963 and that traffic was a problem in this area. She also asked how many times the issues can be sent back before Council for another vote. William H. Wallace stated that he did not feel good about voting on the issue with so much confusion. He added that he would feel better if a third party would make a ruling on the Code.  Robert C. Doeffinger stated he felt that the issue was an Ordinance change and required two readings. Mr. Casey stated that the issue had appeared before Council before and therefore it would be the second reading before Council now. M. Leota Sang stated that she would like to have the interpretation in writing so as to read and digest the information. The City Clerk asked Mr. Casey what the recourse would be if the Council voted on the issue based on his interpretation and it was found to be incorrect. Mr. Casey replied that it would be subject to judicial review. William H. Wallace stated that he would like to see a piece of paper that said this is the law. After a heated debate, Ronald R. Kapp called for a vote on his motion. He restated his motion “to accept the Planning Commission recommendation to rezone the property owned by CWF,LLC from R-2 to B-2 for the purpose of constructing a bank. Robert C. Doeffinger asked if the motion to pass was without a second reading and Mr. Kapp replied yes. The motion to rezone the property was passed 5-4 with Kevin R. Nott, Ronald R. Kapp, William H. Wallace, James W. Fetty and J. Glenn Long voting favorably. Those voting in opposition to the change were Carol L. Jones, Elaine G. Hunt, Robert C. Doeffinger and M. Leota Sang. Those voting in opposition also stated that they were voting in protest as they did not feel like the issue should have been before Council. When questioned, Mr. Casey stated for the record that this was the final vote and there were no other hearings needed. M. Leota Sang stated that she wanted in writing what took place in the meeting. Carol L. Jones asked Mr. Casey if the first reading took place at the February 7, 2005 meeting. Mr. Casey stated that this was the vote on the recommendation from the Planning Commission that was laid over from the last Council Meeting. A short recess then followed. Mayor Wilson called the meeting back to order. The Mayor asked for a motion to approve the minutes of the Regular Council meeting of February 7, 2005. Carol L. Jones stated that she felt the February meeting was illegal as, in her opinion, there was no quorum present. She added that according to the Charter, the only time the Mayor can vote is in the event of a tie. She stated since there were no ties, there was not a quorum present to vote. Mr. Casey stated that by his interpretation, the Mayor is counted as a part of Council in constituting a quorum. Carol L. Jones also expressed concern over bills being paid before Council approval.  The Mayor stated that this had already been addressed in a previous meeting. Wilma Withers asked to be recognized. She asked if it were just the utility bills being paid before Council approval. Clerk Burdette replied that the types of bills approved for payment before a vote were in previous Council Minutes. He added that they included the water bond payment, sewer bond payment, police cruiser leases, and electric bills and the recurring bills that come due the first of each month. Clerk Burdette stated that he had contacted the auditor of the City and the State Auditor’s office and was told that the Council could vote to pay these types of bills before they become delinquent.  Ronald R. Kapp made a motion to approve and Kevin R. Nott added the second. The motion to approve passed 5-4 with Doeffinger, Hunt, Sang and Jones opposing. 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 February 2005. J. Glenn Long made a motion to approve and Robert C. Doeffinger added the second. Being no discussion, the motion passed 8-1 with Carol L. Jones opposed. The Mayor then asked for a motion to approve the Outstanding Obligations for the month of February 2005. Kevin R. Nott made the motion and J. Glenn Long added the second. Being no discussion, the motion passed 8-1 with Carol L. Jones opposed. Finance Director Ron Siders reported that the Audit had been completed and was available for Council review. Mr. Siders added that all financial records were available for anyone wishing to review them. He also stated for the record that the monthly bills were not being paid any differently than when he was hired in 2001. Next on the agenda was City attorney James Casey. Mr. Casey stated that the Riverfront Park Arbitration had been rescheduled and would take place in late April. He stated that he was reviewing the procedure as to how to change the traffic flow on 3rd street from one-way to two-way to accommodate the request of the new Bennigan’s Restaurant. The Mayor added that the lawyer from Dupont had been in contact with him regarding the water contamination lawsuits. The Mayor informed Mr. Casey that the lawyers would be contacting him. Next on the agenda was City Clerk Stanton D. Burdette. Clerk Burdette presented a resolution stating that the City adopted the rules set forth in setting up a Section 125 (cafeteria plan) to pass the employees optional insurance policies through. Clerk Burdette explained that this would be a tax advantage for the employees. Robert C. Doeffinger made a motion to adopt the Resolution with amended language and Kevin R. Nott added the second. The resolution was adopted unanimously. The Clerk stated that all Council members should have received a copy of the budget. He stated that the proposed Budget for 2005-2006 would need to be sent to the State soon. Robert C. Doeffinger made motion to have a budget workshop on Wednesday March 9, 2005 at 6:00 P.M. Ronald R. Kapp seconded the motion and it was passed unanimously. Ronald R. Kapp then made a motion to have a Special Council meeting on Monday March 14, 2005 at 7:00 P.M. for the purpose of approving the proposed budget. Robert C. Doeffinger added the second and the Special meeting was approved unanimously. Mr. Burdette stated that he and the Mayor and Finance Director had been working on the proposed budget and each had recommendations to present to Council. The Mayor added that requests for funds were coming in daily since the Mason County Commission had announced reductions in funding. Carol L. Jones made a motion to freeze spending on large items until the budget could be reviewed. Elaine G. Hunt added the second. The motion was defeated 5-4 with Kapp, Nott, Fetty, Wallace and Long voting in opposition. Next on the agenda was Mayor Wilson. Mayor Wilson informed Council that he had received bids on trucks for the water and sewer departments. J. Glenn Long made a motion to defer any action on vehicle purchases until the next meeting. Robert C. Doeffinger added the second and the motion was approved unanimously. The Mayor then made a recommendation that all the employees be given a twenty-five cent an hour pay raise. M. Leota Sang made the motion to give the pay raise and J. Glenn Long added the second. The pay raise was approved unanimously. The Mayor informed Council that Lowell Wilkes was working with 2 agencies to secure funding to pay for an architect to do deign work for Krodel Park. The Mayor stated that would leave the City to cover one-third of the costs. The Mayor then presented Council with a Resolution to encourage American Electric Power Company to build the new power plant in Mason County. Robert C. Doeffinger made a motion to adopt the Resolution and J. Glenn Long added the second. The Resolution was adopted unanimously. The Mayor stated that “WV-Make It Shine Day” was set for April 16, 2005 and that the City normally purchases tee-shirts for the participants. He estimated the costs of the shirts to be $700.00. Robert C. Doeffinger made a motion to purchase the shirts and Kevin R. Nott added the second. The purchase was approved unanimously. The Mayor announced that Region II Planning and Development Council and the Great Kanawha Resource Conservation (RC&D) Agency could possibly lose Federal funding in the upcoming year. They had asked the Mayor to send a letter to Senators Byrd, Rockefeller and Congresswoman Capito supporting the programs. J. Glenn Long made a motion to send the letters and Kevin R. Nott added the second. The motion was passed unanimously. In Council concerns, William H. Wallace requested that gravel be spread at winter camping area at Krodel Park. Robert C. Doeffinger asked if anything could be done about the Yeager home on Main Street. Mr. Doeffinger stated that the home was in a serious state of disrepair and needed to be condemned. The Mayor stated that he would turn the matter over to the Enforcement Agency. M. Leota Sang asked about the old bowling alley property. The Mayor stated that a letter had been sent to the property owner. There being no other business, Kevin R. Nott moved to adjourn the meeting and J. Glenn Long added the second. The meeting was adjourned at 9:45 P.M. by unanimous vote.  

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk 






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