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, June 9, 2008.
meeting was called to order by Mayor Leonard F. Riffle who led Council
in the Pledge of Allegiance.
Rayburn – Read his concerns from a handout that he presented to each council member. Rayburn spoke on Melody Gibbs and
her loss of vehicles on Main Street, the second reading of the current
video lottery changes and the sewage treatment issues facing council.
Slack/Burgess & Niple – Spoke
to council on providing professional services necessary for the preparation of a Long Term
Control Plan based on the understanding the city’s combined sewer
system experience six or less combined sewer overflow (CSO) events per
year on an average annual basis. The plan shall be prepared in
accordance with requirements of the WVDEP’S
Sewer Overflow (CSO). Burgess & Niple will provide general
information about the wastewater collection and treatment system as
required by the CSO Long Term Plan Policy.
Doeffinger made a motion to authorize Mayor Riffle to enter into a
contract with Burgess & Niple at a fee of $16,500.00 as compensation
for the professional services. Elaine Hunt added the second and
the motion passed.
Utt / Burgess & Niple – Spoke regarding agreement with PSD.
The city was to request a copy of the report from the PSD and Mr. Utt
and Bruce Chapman are to meet and go over the report. Sam Juniper
then made a motion to table the agreement with PSD’s
project with the city until the north sewer project is complete (due to
the water problems of last week). Gary Cotton gave the second to
the motion and after discussion by council the motion failed (7 – 2)
with Juniper and Marshall Bonecutter voting for. Robert Doeffinger
then made a motion to proceed with Burgess & Niple and to organize a
meeting with the DEP, PSD and any others and to report to council there
merits and demerits of the study. Linda Smith added the second to
Doeffinger’s motion and it passed (8 – 1) with Juniper opposing.
Smith made the motion to approve the minutes of the regular council
meeting on Monday, May 12, 2008, and a second was given by Barbara Ann
Brown and the motion passed. A motion by Bill Park and seconded by
Elaine Hunt to approve the financial statements of the General, Coal
Severance, Water and Sewer Funds for the month of May 2008, was approved
by council. Sam Juniper made a motion to approve the outstanding
obligations for the month of May 2008, and Joe Supple gave the second
and the motion was approved.
Attorney Stein advised he had been contacted by attorney Mark Hunt,
whose firm represents Howard Yeager. Attorney Hunt faxed a copy of
a letter written by previous City Attorney James Casey wherein Mr. Casey
proposed that the city would drop the case and fines against Mr. Yeager
if he (Yeager) would execute a quitclaim deed of the property to the
city. Hunt inquired as to whether or not this was still the
position of council. Attorney Stein inquired as to whether council
is currently willing to extend this previous offer to Mr. Yeager.
Mayor Riffle said that he would attempt to get estimates on removal of
asbestos and/or demolition of the house so that council could determine
whether it was in the city’s best interest to accept the property from
Yeager and then demolish same or if it would cost more to demolish than
the property is worth, thereby making it economically infeasible for the
city to accept the property. Council was then updated on the
Franklin property on the possible procedures to follow to get the
previous deed from the Franklins to the city set aside. Stein has
consulted with councilman Supple and an attorney for other
municipalities on this matter. In addition, the city attorney has
performed legal research on this issue. Council was also advised
that there is potential liability for the city if it merely executes a
deed conveying the property back to the Franklins. The better
alternative is to initiate a civil action asking the court to set aside
the previous deed from the Franklins to the city. Councilman
Juniper then made a motion to have the city attorney initiate the
process and Linda Smith added the second and the motion passed.
Councilman Sam Juniper stated that he would like to pursue action
against the previous city attorney, but had been advised that such
action was not possible. Mayor Riffle then asked Stein about the
agreement with the Mason County Public Service District. The
agreement is to be signed for a 10 year period and renew every 10 years.
The city will be assisting them with the shutting off of water for
collection of non paying sewer accounts. Robert Doeffinger then made a
motion for a one year renewable agreement with the PSD and Gary Cotton
gave the second and the motion passed.
Johnson went over the PEIA increase with council that will take effect
on July 1, 2008. Discussion was held on the amount the city would
pay (70%) and the amount each employee would pay (30%). Mayor
Riffle shared that this had been discussed in the finance meeting held
last week. Sam Juniper then made a motion to approve the
recommendation from the finance committee of the 30/70 split. Joe
Supple added the second and the motion passed (8-0-1) with Gary Cotton
Clerk Brian Billings called for the second and final reading of the
Ordinance 1347.03 – Video Lottery. Gary Cotton made a motion to
amend the changes and to have it read - all new locations are to be a
dual business or a business within a business and to return to city
regulations. Sam Juniper gave the second and the motion passed
(6-3) with Marshall Bonecutter,
Smith and Barbara Ann Brown voting no on the motion. Robert
Doeffinger then made a motion to kill the changes of 1347.03 with Gary
Cotton adding the second and the motion unanimously passed. Gary
Cotton then asked to form a lottery committee/commission to review and
explore changes. Mayor Riffle then appointed M. Leota Sang, Gary
Cotton, Joe Supple and Linda Smith to serve on the committee.
Billings then asked council to approve the projected Water Fund Budget
for the fiscal year ending June 30, 2009. Sam Juniper made the
motion to accept and Marshall Bonecutter gave the second and the motion
passed. The clerk then asked council to approve the Sewer Fund
Annual Operating Budget for fiscal year ending June 30, 2009. Joe
Supple moved to accept and Robert Doeffinger secured the second and the
motion passed. Billings then asked council to approve the budget
revision presented for the 07/08 budget. A motion by Bill Park to
approve the budget revision of 07/08 was seconded by Marshall Bonecutter
and was unanimously approved. The net increase in Fund 1 was
$591,927.00 and in Fund 2 $30,450.00.
Riffle asked council for approval to pay off the 2007 GMC Truck that was
purchased in December 2007. Marshall Bonecutter made the motion
and Gary Cotton added the second and the motion passed. Riffle
then updated the council on the progress at the Harmon Park Pool.
Council members decided to table the city auction until the mayor can
find out more details on the items that were presented by the street
department. Mayor Riffle discussed with council the cost of living
adjustment for the city employees. Riffle advised council that the
finance committee was recommending a 4% increase for all employees
effective July 2008. Robert Doeffinger made the motion to accept
the 4% increase Marshall Bonecutter added the second and the motion
passed (8-0-1) with Cotton abstaining. City Clerk Billings added
that the increase would be seen on the July 18, 2008 pay. Riffle
then asked Clerk Billings to read the Resolutions presented for the 2008
PPHS Lady Knights Softball Team who were crowned West Virginia State AA
Champions and the PPHS Big Blacks Baseball Team who were the 2008 Class
AA Runners – up. Sam Juniper made the motion to accept the
resolutions and Barbara Ann Brown added the second and the motion
passed. Mayor Riffle then asked council to reappoint John Sauer to
the Housing Authority. Upon the mayor’s recommendation Sam
Juniper made the motion to accept and Barbara Ann Brown secured the
second and the motion was approved. The mayor asked council for
approval to allow the Jackson Ave Baptist Church to use the vacant lot
that the city owns as an over flow parking area. Bill Park made
the motion for approval for the church and Marshall Bonecutter added the
second and the motion passed. Mayor Riffle advised council on the
van that AEP is giving to the River Museum. Riffle explained that
he had spoken to Jack Fowler of the River Museum and our insurance agent
Ellen Potter and is asking the city attorney to draw up an agreement on
the use of the van. Joe Supple made the motion to accept the van
and Marshall Bonecutter gave the second and the motion passed (8-1) with
Juniper opposing. Mayor Buster Riffle then spoke on the proposed
area of annexation on Jackson Ave. Each council person received a
packet with information and a map of the area that the mayor was
presenting. Sam Juniper made a motion to move forward and start
the process. Gary Cotton gave the second to Juniper’s motion and
it passed unanimously.
Hunt – Showed pictures of flooding from the heavy rain fall that
the city encountered last week. Sam Juniper – Presented a
list of items to the mayor and city clerk for the minutes. Juniper
also asked if the clerk and city inspector have a proper way of making
sure all contractors have a city license and are paying B&O taxes on
the work that they are doing in the city. The councilman also
asked about the Police Pension Plan and PERS. City Clerk Billings
advised he would get back with Juniper once he has found information on
Joe Supple – Asked council to allow the
Point Pleasant in Bloom committee for use of the Pavilion at the
Riverfront Park for having a picnic for the judges who will be in the
city on Wednesday, June 25, 2008.
Robert Doeffinger –
Shared his thoughts on the city sewer rates and the CSO project and the
firm Burgess & Niple.
Linda Smith – Explained
concerns from Pat Sallaz at Krodel Park. Smith received the
language on the proposed curfew for the city from attorney Stein. She
asked council members to look over the information and to discuss at the
Smith then made a motion for council to go into executive session at
9:24 p.m. with Sam Juniper adding the second and the motion passed.
Council came out of the executive session at 9:49 p.m. on a motion by
Linda Smith and a second by Sam Juniper with the motion passing
no other business, Marshall Bonecutter made a motion to adjourn.
Linda Smith added the second and being unanimously approved, the meeting
adjourned at 9:50 p.m.
Leonard F. Riffle, Mayor