Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



September 12, 2005





Mayor James H. Wilson X  
City Clerk Stanton D. Burdette X  
City Attorney James M. Casey X  
Finance Director     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 City Hall, 400 Viand Street at 7:00 p.m. on Monday September 12, 2005.

The meeting was called to order by Mayor James H. Wilson who led Council in the Pledge of Allegiance. The Mayor stated that Darlene Haer of the Riverfront Park Committee was not present. He added that The Alan Stone Company had expressed interest in bidding on Phase II of the Riverfront Park construction. The Mayor asked for a motion to approve the minutes of the Regular Council meeting of August 8, 2005. Ronald R. Kapp moved to approve and J. Glenn Long added the second. The minutes were 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 August 2005. J. Glenn Long moved to approve the statement and Ronald R. Kapp added the second. In discussion, there were some questions regarding specific line items. The City Clerk stated that some items were inadvertently put under the wrong line-item and that situation had already been addressed. The Financial Statement was unanimously approved.   The Mayor then asked for a motion to approve the Outstanding Obligations for the month of August 2005. J. Glenn Long made the motion and Ronald R. Kapp added the second. In discussion, it was asked why employees had checks issued to them prior to Council approval. City Clerk, Stanton D. Burdette explained that it was for reimbursement of out of pocket travel expenses. The motion was passed 6-1 with Carol L. Jones voting against. The City Clerk expressed concern about employees waiting until after Council meetings to be reimbursed for out of pocket expenses. Ronald R. Kapp made a motion to reimburse employees for out of pocket expense while conducting City business after presenting receipts or proof of expenditure. Robert C. Doeffinger added the second and the motion was unanimously approved. Next on the agenda was City Attorney James Casey. Mr. Casey explained that the railroad company had not contacted him about a lease agreement that they had sent the City. The agreement would adjust the lease payment from annually to a one-time fee. Mr. Casey then discussed the Ordinance/Amendments for Council to enact in order to install stop signs at intersections. He added that he would study the situation more completely in order that Council could follow the proper procedure in making the changes. It was noted that 2 Stop signs have already been installed at the intersection of Third and Main Streets because of the traffic-flow and safety concerns associated with the opening of Bennigan’s Restaurant. Robert C. Doeffinger presented Mr. Casey and Council a letter from Lesa Doeffinger of the Historic Landmark Commission involving a distressed property on Main Street. Mr. Doeffinger expressed concern over the inaction of the City to correct the issues at this location. Mr. Casey informed Council that the enforcement Agency had met and action was being taken. Mayor Wilson added that progress was slow due to the fact that the City was trying to avoid being faced with any legal repercussions. Mr. Casey informed Mr. Doeffinger that he thought the issues with property in question would be resolved by the end of the year. Carol L. Jones expressed concern about a distressed property along 22nd Street. Mayor Wilson stated that action was being taken against that property owner as well. Mr. Casey stated that the West Virginia Municipal League (WVML) had chosen Point Pleasant as a pilot city to enact an ordinance to allow the City to participate in the WVML Municipal Revenue Enhancement Program. The purpose of the program would be to assist cities in the collection of past-due fines, fees and taxes. The program would also help identify businesses within the City who may not be licensed or may not be paying the correct Business and Occupation Tax rate. Mr. Casey pointed out that a contract would have to be signed and the fee of approximately 40% of funds collected would be owed the WVML. He added that he would like to discuss the program with other cities before offering an opinion. Mr. Casey spoke to the Mayor and Council about the proper procedure for the termination of Civil Service employees. He stated that the procedure was outlined in the State Code and that it needed to be followed should a termination situation arise so as to keep the City from being named in a wrongful termination lawsuit. J. Glenn Long thanked Mr. Casey for the legal advice that he provided the City with on this as well as other matters. City Clerk Stanton D. Burdette explained that the City contributed $30,000.00 to the Police Pension Fund last year (2004). He added that the City had received matching funds from the State in an amount of $25,656.69 and that it had been deposited into the Police Pension Fund. Clerk Burdette then presented the Water and Sewer Budgets for 2005-2006. In discussion, it was noted that there was no line item for Sewer Reserve Account or Sewer Depreciation Account. The Mayor stated that he would contact the Accountant for clarification. After review, Robert C. Doeffinger made the motion to approve the budgets and Ronald R. Kapp added the second. The budgets were approved unanimously. Mr. Burdette then briefed Council on the timeline for the upcoming audit. He added that an Audit Procurement Committee needed to be voted on by Council. Robert C. Doeffinger made a motion to appoint Clerk Burdette and Councilman Kapp to the Procurement Committee. M. Leota Sang added the second and the appointments were approved. Next on the agenda was Mayor Wilson. Mayor Wilson presented a Proclamation declaring Friday September 16, 2005 as Coach Steve Safford Recognition Day. Mayor Wilson read the Proclamation and J. Glenn Long made a motion to approve the same. Ronald R. Kapp added the second and the motion was unanimously approved. The Mayor stated that the next Regular Council meeting would fall on the Columbus Holiday. Council mutually agreed to keep the meeting on that date. The Mayor then asked for a motion to schedule Trick-or-Treat on Thursday October 27th from 5:30-6:30. Brian L. Billings made the motion and J. Glenn Long added the second. The motion was approved. The Mayor informed Council that Mr. Bonecutter had his property in Kingtown surveyed but has not received the information back from the Surveyor. Residents in Kingtown expressed concern that in their opinion Mr. Bonecutter was constructing a building on City property. The Mayor explained that Alan Pearson had requested a reply from Council as to what Councils’ position was to Mr. Pearson’s request that the City maintain an open right-of-way at the end of Parrish Avenue. Mr. Pearson maintained that an adjoining property owner was landscaping out into the street. In discussion, it was stated that the City would always have a right-of-way but Mr. Pearson actually wanted the line of the street to stay intact. Council decided to send Mr. Pearson a copy of a letter to the encroaching property owner informing them that anything put into the right-of-way may have to be moved someday. They also asked that the property owner not park in front of the house so as to hinder access to Mr. Pearson’s property.   In light of the recent hurricane, fuel costs and availability, the Mayor stated that the City had enough fuel for the immediate future. M. Leota Sang asked if there were any City employees using City vehicles for purposes other than City business. The Mayor stated that he was not aware of any but that he would put out a memo addressing the subject. The City Clerk added that fuel increases were budgeted in the approximate amount of 50 cents per gallon but that would not be enough to cover the recent hurricane related increases. The Mayor reminded Council of the upcoming Mothman Festival and the Circus coming to Town. He added that there would be a concert at the Riverfront Park with proceeds going to the recent hurricane victims. The Mayor explained that with the opening of the Bennigan’s Restaurant, he had seen an influx of out of state cars to the downtown area which was good for all merchants. In Council Concerns, Carol L. Jones stated that she had received numerous complaints about grass clippings being left on tombstones at the cemeteries after mowing. She added that she had recently witnessed visitors to the cemetery sweeping clippings from the monuments. She also asked if there were flotation devices at the Riverfront Park. The Mayor stated that there were throwable flotation devices stored on the stage. She added that there were potholes on Main Street. Brian L. Billings stated that the Sanitation Department inadvertently disposed of his garbage can. The Mayor stated that he would remind them to be more aware of what they disposed of. He added that the area around the Medal of Honor Park had litter and trash lying around at times. The Mayor stated that he had met with employees about the need to stop and pick up litter and trash when they see it in the City. Ronald R. Kapp informed Council that the Planning Commission would meet Tuesday September 20 at 7:00 PM. The Secretary of the West Virginia Planning Commission will be the guest speaker and be available to answer questions involving the Comprehensive Plan of the City. Councilman Kapp asked that any questions Council may have for the Speaker be brought to City Hall to be forwarded to her prior to the meeting. Elaine G. Hunt stated that a resident had requested some paving for their street. Also she stated that the walking trail at Krodel Park was in need of some crusher run limestone. She also expressed concern about employees who may show up for work impaired. The Mayor stated that they are sent home and offered help for whatever the impairment may be. Ms. Hunt also asked if the new double-wide home on 2400 block of Lincoln Avenue was legal. Councilman Kapp stated that if it was on a permanent foundation it was legal. He added that it must have been legal due to the fact that the issue never came before the Planning or Zoning Committees. Robert C. Doeffinger stated that the Street Commissioner repaired some utility pole holes in the sidewalk on Main Street. He added that there were others that needed attention also. The Mayor stated that he was still trying to contact Verizon about the situation. Mr. Doeffinger added that he had spoken with an individual that wanted to make his residence on Main Street. The individual questioned Mr. Doeffinger about some distressed properties on Main Street and what the City was going to do about them. Mr. Doeffinger asked if the City had obtained estimates on paving Main Street. The Mayor stated that estimates had been received and that he was talking to elected officials about the possibility of securing funds for the project. M. Leota Sang stated that with increasing fuel costs and the dump fees, the City may want to look at the possibility of starting a small scale recycling program on a trial basis. She added that it could extend the life of the landfill. J. Glenn Long stated he appreciated Bennigan’s locating in Point Pleasant and wished them well. He stated that he was grateful for the opportunity to attend the West Virginia Municipal League Summer Conference. He added that it was a very informative meeting. Mr. Long added that someone had mentioned to him that the City does not do much to help the Mothman Festival. Councilman Long suggested sending the Festival committee a letter of all the services provided and the associated costs. In closing, Mr. Long expressed gratitude for the work that Denny Bellamy, Economic Development Director, has done in promoting the City. There being no other business, J. Glenn Long moved to adjourn the meeting and Ronald R. Kapp added the second. The meeting was adjourned at 9:00 P.M. by unanimous vote. 

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk 






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