Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes



April 7, 2008





Mayor Leonard "Buster" Riffle 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, April 7, 2008.

The meeting was called to order by Mayor Leonard F. Riffle who led Council in the Pledge of Allegiance.


Darlene Haer / Riverfront Park – Discussion was held once again on the issue with the Alan Stone Company.  The invoice in question was for $12,004.09, in reference to Invoice #22 – revised on the Riverfront Park Contract 2 Phase 2.  Invoice #22 was originally submitted to show the B&O taxes and the balance of Contract 2 Phase 2 monies due.  The monies due for work have been paid, but the monies for the B&O tax have not been. Preparing for a year end audit, showed that not all of Invoice #22 was paid, therefore, Invoice #22 – Revised was created to clarify the invoice to close out the project.  Darlene Haer told council the Riverfront Park checking account has a balance of $4,121.63, this would be applied to the invoice amount and would like for the city to pay the difference of $7,882.46.  Mayor Riffle advised her that this would be discussed and handled in the business section of the Mayor’s agenda. 

Linda Bush / Krodel Campground – Spoke to council on the recently passed rate increase for the campground.  As the spokesperson for those that camp at the campground she wanted council to reduce the rate for the campers.  Bush told council that the majority of campers were upset with the increase and the short notice given.

Harriet Whitaker / Campground – Advised council that other surrounding campgrounds rates were not as high as Krodel.  She doesn’t think it is fair to raise the rates as high as the city did for camping.

Mike Waugh – Mason Co. Health Department / Harmon Pool – Briefly shared with council some of the inspections that his department did to the pool in 2007.  In order for a permit to be issued for this pool season of 2008, the leaks in the pump room must be addressed and a reliable system of continuous chlorination must be installed.    


Jeff Roush – RB ELECTRICAL / Krodel Park – Gave council members a summary report of the work that has been done to date at Krodel Park. 

Sandy Dunn / RCP Development, LLC – Announced to council that a national retail chain is interested in (3) pieces of land that surround Jackson Ave., 24th Street and Jefferson Ave.  All owners of the property have agreed to sell pending action on the alley.  The alley between the parcels will need to be closed and deeded to the developers and then an alley way deeded to the city that will empty out on Jefferson Ave.

Wilma Withers / Municipal Fee Increase – Read minutes from past city council meetings on fee increases.  She spoke on water fees etc, and asked where the money from the last increase is or what improvements had been done in the city. 

Hern – Young / Rezoning Request – Mr. Hern told council that this was his third council meeting in reference to his plea to have a beauty shop on Lincoln Ave.  A discussion was held on spot zoning and what was legal.  Councilman Juniper advised he would bring this issue up under council concerns.


Marshall Bonecutter made the motion to approve the minutes of the regular council meeting on Monday, March 10, 2008, and a second was given by Barbara Brown and the motion passed. A motion by Sam Juniper to approve the minutes of the special council meeting on Monday, March 17, 2008, was approved with Linda Smith adding the second. A motion by Sam Juniper to approve the special council meeting on Thursday, March 20, 2008, with an amendment to the minutes.  Councilman Juniper said that while Brian Billings, was acting mayor, that prior to going into executive session he read Chapter 6 – 9A – 4 of the West Virginia code. He advised that this was not mentioned in the minutes and he wanted it entered into the minutes.  Linda Smith then gave the second and the motion was approved. A motion by Sam Juniper and seconded by Gary Cotton to approve the financial statements of the General, Coal Severance, Water and Sewer Funds for the month of March 2008, was approved by council. Sam Juniper made a motion to approve the outstanding obligations for the month of March 2008, and Joe Supple gave the second and the motion was approved (9-0-1) Leota Sang abstained.


City Attorney Stein told council that the First Street property had been sold to (Hartley, Hartley & Hartley Inc.) at the public auction that the city held on Saturday, April 5, 2008.  The lone bidder for the property paid $1,200.00 and will also pay all closing cost and any other cost involved.  Stein asked council to approve the sale to Hartley, Hartley & Hartley Inc.  Robert Doeffinger made the motion to approve the sale and Sam Juniper added the second and the motion passed. Discussion was held on the lease agreement with the Lowe Hotel and the Mothman Museum regarding the Royal Business Enterprise Grant.  After discussion the mayor advised that he had recently met with Main Street Committee members and that Main Street will lease the property through the Lowe Hotel.                       




City Clerk Billings called for the third and final reading of the Municipal Service Fee increase.  Robert Doeffinger made a motion to accept the final reading and Marshall Bonecutter added the second.  By a show of hands Robert Doeffinger, Linda Smith, Marshall Bonecutter, Joe Supple and Barbara Brown voted for the motion.  Sam Juniper, Elaine Hunt, Leota Sang, Bill Park and Gary Cotton voted against the motion making the vote a tie (5-5).  Mayor Leonard F. Riffle broke the tie voting in favor of the Municipal Service Fee increase.  The increase will begin in May 2008.  Billings then called for the second and final reading of the Ordinance 305.5 – Stop Streets. Sam Juniper made a motion to approve the second and final reading and Leota Sang added the second and the motion passed.  The City Clerk then called for the first reading to revise and amend Part Thirteen – Chapter Three, Article 1331 (Special Residential Use) Section 1331.05 of the Codified Ordinances of the City of Point Pleasant, West Virginia.  The amended ordinance will read if passed, as follows:


Fences, (see through – no slats), plant material and similar screening devices up to four (4) feet in height are permitted in front yards from the street property line back to the closer projection of the house or garage.  Privacy fences, screening devices up to six (6) feet in height are permitted in the remaining yards.  Any portion on a street is considered a front yard.

A motion by Joe Supple to accept the first reading was seconded by Linda Smith and the motion passed. Billings then read the notice of approval from the State Auditor’s office for the Levy Estimate (Budget) for the fiscal year beginning July 1, 2008.                                                                                                                                                                                                           


Mayor Riffle shared with council that Leota Sang would like to have special rates on extra trash pickups offered to the citizens during the week of April 14, 2008.  This would be for the “City Wide Cleanup” week.  The reduced rate would be $25.00 for a small load and $35.00 for a large load.  Sang made the motion and Robert Doeffinger added the second and the motion unanimously passed.  The work on the floodwall roof will be starting soon.  Councilman Marshall Bonecutter and two men from the street department will be doing the work.  Bonecutter was authorized to spend up to $1,000.00 for the materials needed for the repairs.  Mayor Riffle announced that he had received the $10,000.00 check from the Mason County Commission.  The money is for Burgess & Niple on work done to evaluate capacity and prepare cost estimate for improvements of the wastewater treatment plant.  The mayor told council members that the 15 Street Property that a resident is interested in has a city water line going across the property.  Riffle advised that the city should hold on to the property at this time.  The mayor asked council members to appoint Russell Holland to the Board of Zoning Appeals and serve until October 2009. Holland will be replacing Mayor Riffle who was serving on the board.  Robert Doeffinger made the motion and Linda Smith added the second and the motion passed.  Mayor Riffle asked that Marlene Slusser, Tom Vance and Bryan Stepp be reappointed to serve on the Historic Landmark Commission with terms expiring in March 2011.  Sam Juniper made a motion to approve and Leota Sang gave the second and the motion passed.  The RCP Development issue was brought back and discussed.  The city attorney will check into the procedures necessary on the alley closing.  The Mayor asked council for a vote to begin the process.  Councilman Gary Cotton excused himself from the room do to personal financial gain with the property.  Sam Juniper made the motion and Barbara Brown gave the second and the motion passed 9-0.  Mayor Riffle advised council of the hiring of Derrick Taylor to the Police Department.  Taylor will replace Terry Powell who resigned do to health issues.  Darlene Haer of the Riverfront Park committee shared with council members earlier in the meeting the need to pay the Alan Stone Company $12,004.09.  Being brought back to the table and discussed the mayor called for a motion.  Robert Doeffinger made the motion to pay with $4,121.63 coming from the Riverfront Park account and the city to pay $7,882.46.  Barbara Brown added the second and the motion passed 9-1.  Sam Juniper cast the no vote. Juniper stated that this is an illegal payment of a bill.  The mayor had clerk Billings read a RESOLUTION OF COUNCIL DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF POINT PLEASANT.  Gary Cotton made the motion to adopt the resolution and Elaine Hunt gave the second and the motion passed.  Mayor Riffle along with City Attorney Stein discussed with council the Franklin Building.  Stein told council that he along with the mayor and city clerk listened to a tape of the (12/11/06) city council meeting.  The tape showed a motion and second to have an appraisal done on the building not to take ownership of.  As far as the city knows there has not been an appraisal of the building.  Stein has been in contact with the Franklin family on this issue.  Council discussed that the terms and conditions have not been met and the property was not lawfully adopted by the city of Point Pleasant.  A discussion on the law firm of Huddleston & Bolen of Huntington who were hired to evaluate the process by which the city acquired the property was discharged.  Linda Smith made the motion to discharge the firm and Joe Supple gave the second and the motion passed. 


Robert Doeffinger – Asked the city attorney if any progress was being made on the Yeager Property.  Attorney Stein advised that he had not heard anything on this issue.  Stein said he would get things rolling on the property matter.  Doeffinger also shared with council that he had spoke with Jeff Feamster who is doing the calculation for bulk treatment rate for treating sewage pumped to our plant by the Mason County PSD.  Doeffinger also made a motion to pay 95% of the contract fee to Burgess & Niple Inc. for the recent wastewater treatment plant evaluation, which included studying the feasibility of bringing sewage from the Lakin area to the city.  Joe Supple secured the second and the motion passed.  Leota Sang – Reminded council that the city wide clean up day will be Saturday, April 12, 2008, from 9:00 A.M. – 12:00 Noon.  Sang said there were (6) poster winners and (1) T-shirt design winner.  She also shared that there will be a reception honoring Georgianna S. Tillis, GFWC West Virginia State President at the River Museum on Sunday, April 20, 2008.  Also mentioned by Sang was the City Ordinance on above ground pools and fencing, the posting of Yard Sale signs on poles throughout the city, changing the footage on the video lottery establishments and having the city police obtain the pole numbers for burnt out street lights.  Linda Smith – Ask council for a resolution asking the West Virginia Development Office to redirect recent funding ($15,000.00) for a cabin at Krodel Park to the skateboard park.  Mayor Riffle read the RESOLUTION TO MAKE CHANGES TO A FORMAL AGREEMENT WITH THE WEST VIRGINIA DEVELOPMENT OFFICE (06CPGP0030).  Sam Juniper made the motion and Gary Cotton gave the second and the motion passed.  Smith spoke to council and the city attorney on the proposed city curfew and asked to review it.  Sam Juniper – A motion by Sam Juniper and seconded by Robert Doeffinger brought the rezoning issue of the Hern’s back to the table (motion passed 9-0 Linda Smith out of council chambers).  Council discussed the rezoning request of 2407 Lincoln Ave., which was tabled during the last regular city council meeting and the city attorney was asked to evaluate the issue.  The Planning Commission recommended to council that the area not be rezoned.  Council upheld the planning commission’s recommendation, and no change was made.  Juniper then made a motion to stop the purchase of coffee etc., for city employees.  He felt the expense of the coffee etc., was high and city employees should share the expense themselves in each department and the motion died for a lack of a second.

The councilmen then asked city accountant Shannon Johnson about the PEIA increase that goes in effect July 1, 2008.  Johnson presented council members with a copy of a PEIA invoice.  She explained to council that the new monthly premium increase would be $36,194.40.  Juniper asked about budget controls and cutting expenses in various areas of the city, garbage pickup, dilapidated property throughout the city, addressed the city administrator line item on the expense sheet, police fines and collections.   He spoke on the rumor that Krodel Park was under the control of the Mason County Development Authority and the noise from the St. Patrick’s Day celebration at Bennigan’s that he was advised of from a resident in the Towers on Second Street.   


Sam Juniper moved to recess the meeting until Tuesday, April 15, 2008.  Gary Cotton added the second. The meeting was recessed at 9:57 P.M. by unanimous vote.        




Leonard F. Riffle, Mayor


Brian Billings, City Clerk 






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