CITY OF POINT PLEASANT
April 12, 2004
A public hearing was held at 6:30 P.M. to receive input on
the proposed amendments to ART.705 (Garage/Yard Sale) of the Codified
Ordinances of the City of Point Pleasant, WV.
The Common Council of the City of Point Pleasant, a municipal
corporation in Mason County, West Virginia, met in Regular Session at
the City Building, 400 Viand Street at 7:00 p.m. on Monday April 12,
Campground Director Pat Sallaz led Council in prayer. The
meeting was called to order by Mayor James H. Wilson who led the Pledge
of Allegiance to the Flag.
Mayor Wilson opened the meeting by introducing Darlene Haer
of the Point Pleasant Riverfront Park Project. Ms. Haer explained that
under the riverfront park permit agreement with the U.S. Army Corps of
Engineers, the City had to install a wildlife habitat for fish. This
would be accomplished by building 5 stone levees that would extend into
the Ohio River between Tu-Endie-Wei State Park and the riverfront park.
She added that a contractor was presently working in the area and had an
approved low-bid with the Corps Of Engineers for this type work. After
discussion, Ronald R. Kapp made a motion to enter into negotiations with
the Corps to reach a cost estimate for the installation of the wildlife
habitat William H. Wallace added the second and the motion passed
Ms. Haer further explained that WOOLPERT, LLP had not
received the “as-built” drawings for the electrical system at the
park. WOOLPERT, LLP has recommended hiring an independent electrical
contractor to inspect, prepare “as-built” drawings and make
recommendations for any necessary changes to the electrical system.
WOOLPERT, LLP stated that this should be paid from money being held back
as retainage if electrical problems are found. Mayor Wilson added that
Progressive Electrical Contractors had agreed to do this work for an
amount of $6,500.00. Robert C. Doeffinger stated that Progressive is a
professional in this type of work. Council agreed to retain Progressive
Electric for this job.
In closing, Ms. Haer announced that the City and the Main
Street Program had been awarded the “First Impression Award” at the
annual Chamber of Commerce Dinner. The award was in recognition of the
high-impact the riverfront park is having and will have on the
Mayor Wilson then introduced Sam Juniper. Mr. Juniper
expressed concern over the deplorable condition of State Route 2/62 from
the light at 6th Street to the junction of 2/62 at the
“Y”. Mr. Juniper explained that there was another section of Route 2
scheduled to be paved during the summer but it was in better condition
than area from the City to the “Y”. Mr. Juniper stated that part of
this highway was in the City limits and asked Council to send a letter
to WVDOH Project Engineer Dennis King and a copy to WVDOH Director Fred
VanKirk recommending the paving priorities be changed for the summer of
2004. Elaine G. Hunt made a motion to send a letter supporting paving
the area from 6th street to the “Y”. Kevin R. Nott added
the second and the motion passed unanimously.
Next, Mayor Wilson introduced Ed and Belle Martin of the
Mason County Emergency Food and Shelter Program. The Martins explained
that the program was part of F.E.M.A. and had previously operated out of
the Presbyterian Church and distributed food to 362 families in 2003.
Because of lack of space at the church, the program needed a larger
space to store and distribute food. They explained that there was a room
at the youth center not being used that would be adequate for the
program. Elaine G. Hunt made a motion to let the program use the room
but not be liable for any damages. Kevin R. Nott added the second and
the motion passed unanimously.
Mayor Wilson then introduced Greg Harrick of Burgess and
Niple Inc., an architectural and engineering firm working on the design
of the proposed Kingtown Sewer Project. Mr. Harrick and associate, Timm
Utt, explained the design briefly to Council and told that the overall
cost would be $540,000.00 to complete. The system would serve
approximately 17 customers and WV Infrastructure Council has approved
this project on the basis of providing all City residents with a sewer
system. They explained that
most revenue sources for this project would require an income survey of
the residents in that area. Mr. Utt explained that strictly going with a
loan through the Water Development Authority (WDA) would result in a
$1.00 per month raise in the residents’ sewer rates. He added there
would be ongoing costs down the road associated with maintenance and
replacement of equipment. In closing, Mr. Utt explained that he would
suggest working with Kathy Elliott of Region II Planning and Development
Council to develop a grant application and submit it back to the Infrastructure Council as a Small Cities Block
Grant Application. Upon questions by Council, he explained that the
system was designed for a maximum flow of 3.6 X the present population
Mayor Wilson then asked for a motion to approve the minutes
of the Regular Council meeting of March 8, 2004 and Special Council
meeting of March 15, 2004. Ronald R. Kapp made a motion to approve and
William H. Wallace added the second. The motion to approve passed
unanimously. The Mayor then asked for a motion to approve the
Consolidated Income (Financial) Statement of the General, Water and
Sewer, Coal Severance Funds and the Outstanding Obligations for the
month of March 2004. William H. Wallace made a motion to approve and
Ronald R. Kapp seconded. After discussion, the motion passed
Next on the agenda was City Attorney James M. Casey. Mr.
Casey stated that he had been discussing distressed properties with the
Mayor and City Inspector. He stated that they were looking at some type
of stimulus to help persuade the property owners to deal with the
Next on the agenda was the City Clerk, Stanton D. Burdette.
He presented invoices for the River Museum totaling $403.94 from Thomas
Do-it Center ($275.22) and Sherwin-Williams ($128.72). Ronald R. Kapp moved to pay the invoices and Kevin R. Nott added
the second. The motion passed unanimously.
Mr. Burdette explained that the WV State Auditors Office had
approved the FY2004-2005 Levy Estimate (budget) of the General and Coal
Severance Funds. A Special Call would be sent out to announce the April
20, 2004 Special Meeting for the Laying of the Levy.
Clerk Burdette then presented the 3RD reading of
an amendment to Article 4 of the 1972 Zoning Ordinance and Article
1309.01.48 of the Codified Ordinances of Point Pleasant. This would
amend the language and definition of “Home Occupation”. Mr. Burdette
explained that this amendment came from the workshops held with the
Planning Commission, Board of Zoning Appeals and City Council. Kevin R.
Nott made a motion to adopt the 3rd reading of the amendment
defining “Home Occupation”. William H. Wallace added the second and
the motion passed unanimously.
Clerk Burdette then presented the 3rd reading of
amendments to ARTICLE 705 of the Codified Ordinances- Yard/Garage Sale.
The amended ordinance would charge a fee of $5.00 for the permit, limit
sales to 3 per year and limit duration of each sale to no longer than 3
days. It also stated that no signs could be installed upon public
property or right-of-ways. Residents Earl and Betty Owens, and Bill Cox
were present to voice concerns over the proposed changes. Mr. Owens
stated the City already has an ordinance in effect but no one enforces
it. He added that if there were people violating the present ordinance,
then the City should go after those individuals. He also stated he did
not feel it was fair to charge for a permit. Mayor Wilson stated he felt
that if the City started charging a fee, people would come and get a
permit once the word got around. Mr. Cox stated that he felt a resident
should have the right to have a yard sale once a month if they so
choose. Kevin R. Nott had some concerns about when signs could be put up
and when they should come down. After
lengthy discussion, Kevin R. Nott made a motion to table any action
until the next Regular Council meeting. William H. Wallace added the
second and the motion to table passed unanimously.
Clerk Burdette then presented the 2nd reading of
an amendment to ARTICLE 739.02 of the Codified Ordinances-LICENSE TAXES
LEVIED. The amendment would raise the fee for a business license to
$20.00 for businesses that did not have a specific license category.
Ronald R. Kapp made a motion to approve the second reading with right to
amend. Kevin R. Nott added the second and the motion passed unanimously.
After short discussion on weekend or event type crafters, Finance
Director Ron Siders stated that those type crafters would be charged
$5.50. Ronald R. Kapp made motion to advance to 3RD reading
with right to amend. Kevin R. Nott added the second and the motion
Next, Clerk Burdette presented the 1st reading of
revisions and amendments to ARTICLE 953 of the Codified Ordinances,
GARBAGE AND TRASH DISPOSAL. The amendment included a 30% increase in
fees for all garbage services. The Mayor stated that an increase of 42%
had been suggested by the accountant retained by the City. The
accountant felt the increase was necessary for the system to remain
solvent. The Mayor added that he had been working with the garbage
routes to increase efficiency. Kevin R. Nott made a motion to advance to
the 2nd reading with right to amend and Ronald R. Kapp added
the second. After discussion, the motion was approved by majority vote
with Brian L. Billings and Elaine G. Hunt voting against.
Lastly Clerk Burdette presented the 1st reading of
revisions and amendments to ARTICLE 747 of the Codified Ordinances,
MUNICIPAL SERVICE FEES. The revision would increase the monthly fee from
$7.00 to $10.00. The $3.00 increase would be distributed into the
police, floodwall, and street maintenance budgets. Kevin R. Nott made a
motion to advance with right to amend to 2nd reading. James
W. Fetty added the second and the motion passed by majority vote with
Brian L. Billings and Elaine G. Hunt voting against.
Next on the agenda was Mayor Wilson. Mayor Wilson read the
resignation letter that was given him by 4th Ward Councilman
Robert Messick. Mr. Messick stated that he was moving out of town and
could no longer serve on Council. Ronald R. Kapp made a motion to accept
the resignation and appoint J. Glenn Long to fill the unexpired term.
Kevin R. Nott added the second and Mr. Long’s appointment was approved
unanimously. Brian L. Billings stated that Mr. Long had shown a real
desire to serve on Council and felt he would be an asset to the City.
Mayor Wilson stated that the Mason County Emergency Ambulance
Authority had contacted him in regards to the City needing to appoint a
representative to serve a three year term on the Authority’s Board of
Directors. Council expressed gratitude for the job Elaine G. Hunt
presently does on the board. Robert C. Doeffinger made a motion to
appoint Councilwoman Hunt to another term. Ronald R. Kapp added the
second and the motion passed unanimously.
Mayor Wilson stated he had been talking with the insurance
company regarding the liability insurance issues associated with
sponsoring the Donnie Jones Basketball Camp. He added that the insurance
issues could be resolved soon.
Council decided not to participate in Adopt-A-Highway for
lack of participation. Mayor Wilson was to notify WVDOH and cancel the
Mayor Wilson presented a letter from the City of Huntington
requesting the City send a letter of support for the construction of
Interstate 73-74. Council took no action due to lack of information on
this proposed project.
The Mayor presented a Resolution authorizing the Mayor and
City Clerk to sign a lease agreement with COMVEST, Inc. for the purchase
of a new police cruiser. The West Virginia Municipal League has endorsed
COMVEST as a reputable leasing agent. The Mayor added that the lease was
for 4 years with a payment of $714.74 per month and had to be renewed
yearly. Kevin R. Nott made a motion to approve the Resolution and Brian
L. Billings added the second. The motion was approved unanimously.
Mayor Wilson then presented bids for the purchase of a new
farm tractor (New Holland TN60A 4WD) for the street department.
Keefer’s Service Center had the low bid of $19,250.00. Robert C.
Doeffinger made a motion to accept the low bid and Ronald R. Kapp added
the second. The motion was passed unanimously.
The Mayor added that he would like to form a committee to
help oversee the cemeteries. He stated that he had would like to have
names of residents who might want to serve on such a committee.
In Council Concerns, William H. Wallace asked if the City
would be hiring any summer employees. The mayor added that the city
would be doing some hiring and that he would contact the newspaper about
this. Mr. Wallace also questioned if the pool would be opened for the
summer. Mayor Wilson added that the pool does leak but the City would
still try to open it for the summer. Mr. Wallace also informed Council
of his findings in trying to locate a portable stage that would be used
at the riverfront park. He said that 2 vendors had been to the City to
demonstrate their stage.
Robert C. Doeffinger stated that power poles had been
replaced on Main Street by an electrical contractor and they failed to
grout or concrete the base of the pole. Mr. Doeffinger also questioned
if the City could purchase bonds to finance paving within the City.
Lastly Mr. Doeffinger asked if anyone had contacted the Soil
Conservation Service about the North Point Pleasant Drainage Project.
The Mayor stated he had called Lowell Wilks several times but had gotten
Brian L. Billings stated that he had gotten calls by
residents about speeders on Madison Avenue.
Elaine G. Hunt asked about the drainage project also. The
Mayor and Robert C. Doeffinger reviewed the items relating to the
project that were discussed at an earlier meeting.
Ronald R. Kapp informed Council that there would be a
combined Planning, Zoning Appeals and Council Workshop held Wednesday
April 14th at 6:30 PM. Mr. Kapp stated that the water
department had gotten bids for a new truck several months earlier but
that no truck ever was purchased. The Mayor stated that new bids would
have to be received.
Being no other business, Ronald R. Kapp made a motion to
recess the meeting until April 20 for the purpose of laying of the levy.
Brian L. Billings seconded and being unanimously approved, the meeting
recessed at 9:45 pm.