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, February 8, 2010.
The meeting was called to order by Mayor Brian L. Billings who led Council in the Pledge of Allegiance.
Barry Franz & Brent Smith/ Burgess & Nipel- Were absent due to the weather, but have scheduled to attend the March Council meeting.
Michael Balch & Roger Garrett- Addressed Council concerning the proposed Dollar General property. The proposed site is located just outside the City limits at the formal Uncle Frank’s Pizza on Lucas Lane. The City’s water and sewer lines cross the property where the proposed building is to be constructed. Mr. Balch asked Council to consider allowing them to relocate the lines with no incurred costs to the City. At that time, Mayor Brian Billings told Council they had a diagram in their council packets that reflect the proposed changes. Mr. Balch indicated there was a slight change to the original route on the diagram, due to a swimming pool located in the area. City Attorney R.F. Stein advised Council that he has been in contact with the attorneys working for Dollar General. According to Stein, there is not a lawful easement in this area and there has not been. Moving the lines now, would allow for new easements to be established. Councilman Sam Juniper made a motion to approve moving the sewer lines provided there is a new easement for the lines and the Sewer Department would inspect the work as it is being completed. Gary Cotton added the second motion, which passed 9-0. Mr. Balch then asked Council if they would allow the water line to be relocated as well. Councilwoman Linda Smith made the first motion to approve moving the water lines with the same guidelines as for the sewer line. James Bowles made the second motion and it passed unanimously.
Jacob Hill/Regatta Committee- was absent from the meeting but asked to speak to Council concerning fireworks for the 2010 Regatta. Mayor Billings advised Council that Mr. Hill planned to speak to Council concerning their decision in the January Council meeting to hold the fireworks on the forth of July 2010. Mr. Hill asked for Council to consider having the fireworks on July 3rd. Gary Cotton and Sam Juniper think Council should consider the Regatta Committee’s recommendations since they work hard for the Regatta and bring a crowd to the event. Councilman Juniper asked if the Mayor could invite Mr. Hill to the March meeting to reach an agreement for scheduling the fireworks.
Stanley Chapman/2311 Mt. Vernon Ave- spoke concerning the condition of Mt. Vernon from the blocks 20th-23rd. He indicated the streets have huge potholes and using gravel to fill them is not doing the job. He also indicated this is not the only area that needs attention. Several City streets are in bad condition. Mayor Billings advised Mr. Chapman that to repair just the section between 21st and 22nd blocks of Mt. Vernon would cost $71,000, but he has made contact with the State to ask for funding to assist in the cost for road repairs. The Mayor has asked for $150,000-$300,000 to help repair less than 5 miles that are in poor condition.
James Bowles made a motion to approve the minutes of the regular council meeting for January 11, 2010 and a second was given by Linda Smith. Motion to approve minutes passed unanimously 9-0. Dr. William Park made a motion to approve the minutes of the special meeting for January 21, 2010 and a second was given by Linda Smith, the motion passed. A motion made by Leota Sang was seconded by Barbara Brown to approve the financial statements of the General, Coal Severance, Water and Sewer Funds for the month of January 2010. Councilman Sam Juniper mentioned January was a good month for the City financially, and that should allow for some attention to the Mt. Vernon area. Approval of the financial statements passed 9-0. Linda Smith made a motion to approve the outstanding obligations for the month of January 2010, and Leota Sang seconded the motion, which passed unanimously.
At 7:28 p.m. Mayor Billings asked Council for a motion to go into executive session to discuss personnel matters pertaining to (1) Mr. Bonecutter, employment, (2) Mr. Willet, to consider matters arising from the employment, disciplining, discharge, or dismissal of an employee, and (3) pay/salary ordinance to consider matters concerning the compensation of a public officer. First Motion was made by Linda Smith and the second was added by Barbara Brown. The motion for the executive session passed 9-0.
At 9:10 p.m. Barbara Brown made a motion to come out of executive session. Linda Smith added the second motion, and the motion carried. Mayor Billings advised Council they could take a brief break and the meeting was called back to order at 9:12 p.m.
Attorney R.F. Stein asked Council what concerns were discussed in the public hearing held prior to tonight’s council meeting. At that time, Councilman Juniper made a motion to withdraw the amendments made to Ordinance 1331.02, pertaining to mobile homes and trailers, due to the number of complications that have occurred. Councilman Marshall agreed and added the second motion. Motion to withdraw all amendments to Ordinance 1331.02 passed unanimously. Mayor Billings then asked for a motion to approve the second reading for ordinance 1331.02. The motion failed due to the lack of motion from Council. Attorney Stein then discussed the pay/salary ordinance. Stein advised Council he had one amendment to make to the proposed drafted ordinance. The salary for the Manager of the Water and Sewer Works should be changed to read $41,231.20 rather than $42,303.21. Mayor Billings called for a motion to approve the amendment to the salary and proceed with the second reading of the pay/salary ordinance. Linda Smith made the first motion and James Bowles added the second. The motion passed unanimously to approve the second reading of the amended ordinance. Sam Juniper then gave Council members a copy of paragraphs that should be included in the proposed ordinance. Councilman Juniper made a motion to add the paragraphs and Marshall Bonecutter made the second motion, and the motion carried. The Mayor again called for a motion to approve both amendments to the proposed ordinance and proceed with the second reading of the pay/salary ordinance. Councilwoman Smith made the first motion and Bonecutter added the second, the motion passed 9-0.
City Clerk Amber Tatterson advised Council that Joe Boggs and Associates sent her a proposed contract for their services should the City adopt an Alcohol and Drug-free Workplace Policy. They will perform on-site testing and make the random selection prior to their visit. They produce a primary list of individuals to test, as well as, an alternate list for those that may be absent the day of testing. Tatterson also advised Council she asked Joe Boggs and Associates about a discounted rate if we want to test a large number of employees on the first round of testing. They said they would provide a discount, but did not indicate how much of a discount. Councilman Juniper made a motion to check the rate for testing 20 employees the first round and Elaine Hunt added the second. The motion passed 9-0. Tatterson then spoke concerning a proposed copy of an Alcohol and Drug-free Workplace policy. When she compared Putnam County’s policy to Mason County’s current policy, she found that the policies are pretty standard. Tatterson told Council she would draft a proposed policy for their review but asked how Council wished to proceed. Juniper made a motion for the Clerk to draft a policy for Council’s review and William Park added the second, and the motion carried. Tatterson then
informed Council she, along with Mayor Billings and Shannon Pearson, will be attending the State Auditor’s 2010 Budget Preparation Regional Workshop being held February 16, 2010 in Charleston. It is a free workshop that offers hands-on training for budget preparation. Tatterson advised Council she was re-scheduling the Budget/Finance meeting that is scheduled for February 10, 2010 to February 16, 2010 at 6:30 due to Councilman Robert Doeffinger being out of town and unable to attend. Clerk Tatterson read a Proclamation for Boy Scouts, to proclaim the week of February 7th-14th as the 100th Anniversary Celebration of the Boy Scouts of America, and February 8th as Anniversary Day. Barbara Brown made the first motion and James Bowles added the second, which passed 9-0. Tatterson concluded with reading two resolutions:
(1)Resolution to accept the contract with the WV Development Office Community Participation Grant Program for $40,000 to make improvements to the A.F. Kisar House. Improvements will include a new slate roof, concrete reinforcement, and chimney and brick repairs. James Bowles made the first motion to approve the grant and Leota Sang made the second, which passed 9-0.
(2)Resolution to authorize application for WV Local Economic Assistance Program Funds for $14,000 that was set aside by the WV Legislature on December 4, 2009 for the City of Point Pleasant to undertake for Main Street Point Pleasant/Riverfront Mural Project. The first motion was made by Councilwoman Sang and the second was made by James Bowles. The motion passed to authorize application.
Clerk Tatterson then advised Council she was contacted by Councilman Juniper asking to speak concerning Coal Severance. Juniper told Council he was advised by Clerk Tatterson the City has received $11,299.99 of coal severance money. Mr. Juniper made a motion to use the coal severance money for street repairs on the southbound lane of Mt. Vernon Avenue 21st and 22nd blocks. James Bowles made the second motion adding that the City should post and enforce weight restrictions on the City streets. Trucks traveling on the streets are causing damage. The motion passed 9-0. Leota Sang asked for the money to be earmarked and set aside until spring so the repairs are completed properly. Councilman Juniper had also contacted the Clerk and asked to speak concerning the Franklin Property. He indicated the property was sold on the Courthouse steps for unpaid taxes. He advised Council the deed recorded at the Courthouse shows the City of Point Pleasant as the current owner. The property is in poor condition and a potential liability for the City. He asked Attorney Stein to research the deed, as well as, what the City can do to prevent any liability issues. Stein indicated he would follow-up with Council at a later date.
Mayor Brian Billings spoke to Council concerning a contract for fireworks for the 2010 Regatta. Premier Pyrotechnics has been contacted and the contract reflects fireworks on the 4th of July for a charge of $7,000, which is only $15.66 more than last year. Council advised they would accept the contract with the exception they could change the date if necessary. Council wants to meet with the Regatta Committee to compromise a date for the fireworks. Sam Juniper made a motion to accept the contract with the above mentioned exception. James Bowles gave the second motion and the motion carried. Mayor Billings updated Council concerning the Historic Landmark Commission and the Musgrave property on Main Street. Billings advised he attended a Historic Landmark Commission meeting that was held with AB Contracting. The Mayor informed Council that all were in agreement with the proposed home to be located on the Musgrave property. As a result of the agreement, AB Contracting will be re-locating the Musgrave house, as well as, demolishing the old building at the rear of the property. Mayor Billings addressed the issue with the water and sewer lines at the proposed Dollar General earlier in the meeting while Michael Balch spoke under outside delegation. Billings updated Council concerning his efforts to obtaining state funding for street repairs. He completed a Community Participation Project Funding Request for $150,000 to $300,000 to help pave less than 5 miles of City streets. Senator Karen Facemyer is the only state representative that has shown any interest in assisting the City. Mayor Billings introduced an Information Technology and internet Communications Policy to Council for their consideration. The purpose of the policy is to ensure the appropriate use of communication and information processing technology, including the connection and usage of the internet. Sam Juniper made a motion to approve the policy and William Park gave the second, which passed 9-0. Mayor Billings spoke to Council concerning a packet they received from Krodel Park Campground Manager, Derrick Taylor. Billings advised that Taylor added regulations and has asked for a few items to assist him with his job. Taylor asked for staff t-shirts so visitors can identify park employees. He also asked if more benches could be provided around the lake, perhaps painted ones to support local sport teams. Mayor Billings indicated he intended on getting the benches from the old Point Pleasant High School. However, they were in concrete and really not in good shape. Mr. Taylor concluded with asking for approval to purchase a chainsaw to cut firewood and sale to the campers. James Bowles made a motion to approve the additional rules and regulations to Krodel Park Campground, the purchasing of t-shirts for staff, and for the purchase of a chainsaw, as long as the price was reasonable. William Park made the second motion and all were approved 9-0. Mayor Billings advised he would check pricing for t-shirts with Forbes Graphics and the chainsaw with Point Pleasant Hardware. Mayor Billings then asked Council for a motion to accept Burgess & Niple’s amendment No. 1 for engineering services related to the CSO (Combined Sewer Overflow) monitoring to increase the total cost not to be exceeded by $2,800 and to pay for the item out of the new segregated sewer account. Councilman Gary Cotton made the first motion while William Park added the second. The motion passed unanimously 9-0. Billings indicated the information on the submitted grant application for the North Point Pleasant drainage project was in Council’s packets for review. The Mayor concluded with informing Council Burgess & Niple will be submitting a final draft of the Funding Application to the City at the February 24, 2010 Sewer Committee meeting @ 6:30 for review. The application is required for all water/sewer projects seeking funding. This application will run concurrent with the Green Infrastructure Grant Application to the DEP. Mayor Billings advised Council that according to Councilman Robert Doeffinger, all sewer committee comments pertaining to the Lakin Sewer Project were sent to the City Attorney on February 8, 2010. They will be consolidated and forwarded to Attorney Spiker.
Leota Sang asked the Mayor about the City Inspector’s, report showing a GSO meeting concerning cell phone towers. The Mayor indicated Jeremy Bryant, City Inspector, attended the meeting along with Chuck Blake, 911 Coordinator. The GSO meeting consisted of conversations that pertained to where current cell phone towers are located, as well as, competition between cell phone companies and their towers. Sang complimented the performance of the Street Department’s practice installation of the Kanawha Street Flood gate for the Corp of Engineers. The report from Willie Call, Street Commissioner, indicated the crew’s performance was excellent and the Corps was very pleased with the execution and final installation performance. Leota Sang also spoke concerning the City’s Employee handbook. She would like to see an amendment to advanced sick leave and asked for it to be on March’s agenda. Also, Sang would like the Police Department to include a curfew report in the monthly council reports. Councilwoman Sang concluded with asking for the annual donation for the Homeless Shelter to be sent this month.
William Park asked Mayor Billings if the State plans to make repairs to Kanawha Street and Camden Avenue before or after the Jefferson Bridge Project. The Mayor indicated he was under the impression the repairs would be done before and after the project. Bowles and Sang agreed. Councilman Juniper asked when those repairs are being done, could they repair Kanawha Street up the hill to the railroad tracks.
Elaine Hunt asked for the City to remember the streets in the 5th Ward are in bad condition too.
Sam Juniper thanked Clerk Tatterson for separating the Sewer CSO statement from the Sewer financial report. Councilman Juniper spoke concerning municipal fees for vacant homes in the City. He drove around and made a list of 98 vacant homes. He will get a list to allow the Water Office to look over to see if the municipal fees are being charged. Juniper spoke with Chuck Richardson of Point Pleasant Hardware concerning the loss of the fuel dock on 14th Street in Point Pleasant. They believe the loss occurred due to the State imposing a $.11 charge on fuel. Juniper asked for contact to be made with elected officials concerning this charge that has caused a loss of Business and Occupational taxes to the City of Point Pleasant. Juniper reported the parking signs on Main Street that restrict parking from 6:30 am to 6:30 pm. Residents in that area should be leaving parking for businesses to utilized during those hours. Juniper voiced concerns pertaining to purchases for the CSO project. Costs over a certain dollar amount must be put out for bids. Mayor Billings assured Juniper that Bruce Chapman of the Sewer Department is aware of those guidelines. Juniper concluded with informing Council that Jeff Feamster has not been a licensed Certified Public Accountant since July 2000, yet he has signed paperwork indicating he is a CPA. Juniper made a motion to replace Jeff Feamster and asked for Mayor Billings and Clerk Tatterson to find a replacement. Councilwoman Linda Smith made the second motion, and the motion passed 9-0. Attorney Stein advised he would research if a bid would be required to find an accountant or CPA.
Being no other business, Sam Juniper made a motion to adjourn. James Bowles added the second and being unanimously approved, the meeting adjourned at 10:26 p.m.
Amber D. Tatterson City Clerk ________________________
Brian L. Billings Mayor________________________