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
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
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
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
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
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
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
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.