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.
meeting was called to order by Mayor Leonard F. Riffle who led Council
in the Pledge of Allegiance.
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.
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.
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.
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.
Roush – RB ELECTRICAL / Krodel Park – Gave council members a
summary report of the work that has been done to date at Krodel Park.
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.
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.
– 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.
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
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.
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 AND PLANTING SCREENS
(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.
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.
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.
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.
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.
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