December 10, 2007





Mayor Marilyn McDaniel X  
City Clerk Brian Billings X  
City Attorney R F Stein, Jr X  
Accountant Shannon Johnson X  
Administrative Assistant Teka McCauley X  
At Large Gary Cotton X  
At Large Joe Supple X  
First Ward Marshall Bonecutter X  
Second Ward Robert C. Doeffinger, Jr. X  
Third Ward M. Leota Sang X  
Fourth Ward William E. Park X  
Fifth Ward Elaine Grimm Hunt   X
Sixth Ward Linda Smith X  
Seventh Ward Sam Juniper X  
Eighth Ward Barbara Brown 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, December 10, 2007.

Marshall Bonecutter led Council in prayer. The meeting was called to order by Mayor Marilyn L. McDaniel who led Council in the Pledge of Allegiance.


Tim Utt/Burgess & Niple – Appeared before council to present the agreement with the City of Point Pleasant and Burgess & Niple, Inc., Engineers and Architects for engineering services.  The agreement is for professional services necessary to evaluate the capacity of the wastewater treatment plant and the capacity evaluation will further include preparing a cost estimate for wastewater treatment plant improvements necessary to accommodate additional average daily flow.  A copy of the agreement is attached to the minutes.  Bob Doeffinger brought council up to date on matters that relate to the pending project with the Mason County Commission and the DEP etc. Doeffinger made a motion to accept the agreement with language that the City of Point Pleasant will pay $4,000.00, the Mason County Commission will agree to pay $10,000.00, plus the dollar amount of Jeff Feamster, the accountant for the bulk rate calculation, and to have the city attorney R.F. Stein draft any other necessary documents.  Gary Cotton added the second and the motion passed    (8-1) with Sam Juniper voting against.


Diana Johnson and Gloria Roush (DAR) – Showed council a plaque that they would like to have mounted behind the floodwall where the Silver Bridge once stood.  The plaque is to honor the 46 people who lost their lives when the bridge collapsed.  They asked that the city help in mounting the plaque.  A dedication ceremony will take place on Saturday, December 15th, at 4:55 p.m. and council was encouraged to attend.  Marshall Bonecutter made a motion to accept and Linda Smith added the second and the motion passed.

Dennis Rayburn – AMVETS Commander, Mason County Post 2, spoke to council on support for AMVETS and such other Veteran’s Support Organizations and citizens interested in participating, will stand up an evergreen tree with decorations in recognition of citizens and loved ones who will not be present to share in the holiday season due to military commitment world wide. This event will take place on Monday, December 17, 2007 from 5:00 p.m. – 7:00 p.m.  The tree and decorations will be positioned in Gunn Park next to the Main Street curb and will be temporary.  It is the intention that these symbols, their placement and presence be considered an offering of the citizenry in general honoring absent military members during the holiday season.  Mayor McDaniel then read a Proclamation to council.  Marshall Bonecutter made a motion to accept and Barbara Brown added the second and the motion passed.    

Shirley Spears – Voiced her concern on the former O’Neil property on South Park Drive.  She shared that she wants to see the Park Drive neighborhood remain a residential area.  The property has been purchased by the Hartley’s and they want to open a business in the same location that a beauty shop once operated.  Robert Spears told council that he had met with the mayor and went over the 1979 minutes when this matter was brought up and it was reversed back to residential with the O’Neil property grandfathered in as a business.  Wilma Withers a former resident of the Park Drive neighborhood shared her concerns on the issue and hopes the area will remain residential.


Sam Juniper made the motion to approve the minutes of the regular council meeting on Tuesday, November 13,2007 a second was given by Marshall Bonecutter and the motion passed.  A motion by Sam Juniper and seconded by Gary Cotton to approve the minutes of the special meeting held on Monday, November 26, 2007 was approved.  A motion by Gary Cotton and seconded by Marshall Bonecutter to approve the financial statements of the General, Coal Severance, Water and Sewer Funds for the month of November 2007, was approved by council. Sam Juniper made a motion to approve the outstanding obligations for the month of November 2007, and Gary Cotton gave the second and the motion was approved (8-0-1) with M. Leota Sang abstaining.


City Attorney R.F. Stein updated council on the seized property (vehicle) that the final details are being worked out to finish this matter.  Stein told council that he along with attorney Joe Supple had found a law firm (Huddleston Bolen – Huntington, WV) with expertise in “enviromental law” to handle the Franklin property situation.  The attorney from the firm that will represent our interest is Scott Sheets.  The firm will charge a fee of $190.00 per hour and will bill the city on a monthly basis.  We will likely have to sign an engagement letter and will have to be signed by Mayor McDaniel on behalf of the city.  Sam Juniper made the motion to hire Huddleston Bolen and the motion was seconded by Joe Supple and passed unanimously.  A brief discussion was held on the property with Hartley, Hartley & Hartley, Inc. (first street property). The issue is the ownership of the property in question.  Stein told council he will have a decision on what action council should take on or before the next meeting.  In regards to the Yeager property there has been no communication from anyone regarding this property.  Stein advised the course of action is to pursue the matter through a hearing with the Municipal Judge.


Shannon Johnson told council members the she had contacted every Class III city/town and had asked them to send their water and sewer pay scale along with sewer and water fees to her.  She compiled the information that she received into a spread sheet and passed them out to council. Johnson also explained that the Police Auxiliary members are covered under Workers Compensation for $0.16 per hour.  Currently we have (4) active auxiliary members.


City Clerk Billings advised the need to have the first reading of the Municipal Service Fee – Article 747 and the first reading of the Garbage Ordinance – Article 953.  After discussion by council a motion by Robert Doeffinger was made with the right to amend for a $3.00 increase for the Municipal Service Fee. This would raise the monthly fee from $12.00 to $15.00.  Doeffinger added that this be distributed PRO-RATA excluding the Fire Protection Fee. Joe Supple added the second and the first reading was adopted by a vote of (7-2). M. Leota Sang and Sam Juniper opposed the motion.  The amount of such service fee, which will be adjusted by ordinance upon passage, shall be:

A. Police fee: Three-dollars and eighteen cents ($3.18) per month.

B. Floodwall fee: One-dollar and ninety one cents ($1.91) per month. 

C. Street maintenance: Five dollars and seventy two cents ($5.72) per month.

D. Street lighting: One dollar and ninety one cents ($1.91) per month.

E. Fire protection fee: One dollar ($1.00) per month.

F. Parks: Sixty four cents ($.64) per month.

G. Cemeteries: Sixty four cents ($.64) per month.

A motion by Robert Doeffinger with the right to amend to increase the Garbage fee of $1.00 for residential customers was seconded by Marshall Bonecutter.  This fee would raise the monthly fee from $15.00 to $16.00.  This being the first reading it was adopted by a vote of (8-1).  M. Leota Sang opposed the motion.  The rates to be charged for the use of the city garbage and trash pickup system and service shall be adjusted by ordinance upon passage shall be:

A. Individual Family UnitThe rate for an individual family unit in the city shall be sixteen dollars ($16.00).  This fee is for a one month period with a once-a-week pickup of garbage only.             


Mayor Marilyn McDaniel asked council to consider changing the December 24th Christmas Eve and December 31st New Years Eve half days of working to full days off for the city employees.  After much discussion on the matter by council Joe Supple made a motion to allow the city employees a full day off on Monday, December 24th and to work only a half day on Monday, December 31stLinda Smith secured the second and the motion passed (8-0-1) with Gary Cotton abstaining.  Mayor McDaniel invited all council members to the City Christmas dinner to be held on Monday, December 17th from 11:00 a.m. – 1:00 p.m. at the Krodel Club House.  The mayor advised council on the application from the WV Development Office.  This application would be for obtaining funds/grant for possible repairs to the Harmon Park pool or the possibility of building a new one.  The mayor will follow up on the application and advise council.  McDaniel told council members about the West Virginia Local Economic Assistance Program Funds. She read a resolution to authorize the application.  The mayor would be authorized to make application for Twenty-five thousand dollars ($25,000.00) in Local Economic Assistance Program funds for the Battle of Point Pleasant Mural Project, and that she is empowered to sign the application and any agreement necessary to obtain these funds.  She advised that Charles Humphreys will hand deliver the application in Charleston, WV this week.  M. Leota Sang made the motion to accept and Barbara Ann Brown added the second and the motion passed.


Marshall Bonecutter – Advised council on complaints and witnessing him self the traffic problem of vehicles exiting and entering the Smoke Shak.  He also advised that the City Building flag was not lowered on Pearl Harbor Day as well as others throughout the city.  The city needs to look into the Rt.62 – Neal Road area where vehicles are entering and exiting.  Joe Supple – Spoke in reference to the South Park Drive area where the Hartley’s want to open a new business.  Supple expressed to the mayor that all city maps must be updated. Supple made a motion to have all maps updated and to designate an official city map.  Linda Smith added the second to the motion and it passed unanimously.  M. Leota Sang – Asked what we are charging to have the city street employees to do mowing and weeding eating on private property.  Sang asked what was going in the area by the railroad tracks at 10th Street and was advised Hogg’s Green House was putting in a business.  She voiced concern on  the looks of the U-haul’s that were parked on the lot beside of the used car lot between 10th and 11th Street.  Spoke on the Neighborhood Watch meeting scheduled for Tuesday, December 11th, at the Youth Center.  Mayor McDaniel read a letter sent to Dr. Larry Parsons, Superintendent of Schools, on students helping the Neighborhood Watch Program and obtaining Community Service Hours for helping.  Linda Smith – Spoke on the curfew issue she has brought up over the past meetings and the parking on 27th, Street at the Intermediate School.  Mayor McDaniel told her she has some information to give her on the parking at the school.  Sam Juniper – Spoke on the many distressed properties located throughout the city.  The Bellmead area is in need of much street repair or paving be done.  He asked about a previous meeting with Gencorp in reference to the water wells. Would like the Zoning and Planning Boards to meet together after the first of the new year.           


Being no other business, Sam Juniper made a motion to adjourn. Linda Smith added the second and being unanimously approved, the meeting was adjourned at 10:15 p.m.



Marilyn McDaniel, Mayor


Brian Billings, City Clerk