Where History and Rivers Meet

City of Point Pleasant, WV

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Council Minutes

 

REGULAR MEETING
CITY COUNCIL
CITY OF POINT PLEASANT

December 14, 2004

WARD

NAME

PRESENT

ABSENT

Mayor James H. Wilson X  
City Clerk Stanton D. Burdette X  
City Attorney James M. Casey   X
Finance Director Ron Siders X  
Executive Secretary Harriett Nibert X  
Municipal Judge Jeremy T. Vickers X  
At Large Brian Billings X  
At Large Kevin R. Nott   X
First Ward James W. Fetty X  
Second Ward Robert C. Doeffinger, Jr. X  
Third Ward M. Leota Sang X  
Fourth Ward J Glen Long X  
Fifth Ward Elaine Grimm Hunt   X
Sixth Ward Ronald R. Kapp X  
Seventh Ward William H. Wallace X  
Eighth Ward Carol L. Jones   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.

J. Glenn Long led Council in Prayer. The meeting was called to order by Mayor James H. Wilson who led Council in the Pledge of Allegiance. Mayor Wilson recognized Darlene Haer of the Riverfront Park Committee. Ms. Haer stated that the Riverfront Park Committee had met and had made recommendations for Council consideration. She stated that the committee recommended the approval of Addendum #8 retaining Woolpert LLC, for $44,000.00 for architectural/engineering work associated with the picnic shelter and marina to be built at the park, and also up to $6,000.00 for soil borings from a yet to be chosen geotechnical firm. Ronald R. Kapp made a motion to accept the committee’s recommendation and J. Glenn Long added the second. The motion was unanimously approved. In addition, Addendum #9 would also retain Woolpert LLC, for an amount of $1,900.00 to do work associated with the required signage. Robert C. Doeffinger made the motion to approve and Brian L. Billings added the second. The motion was unanimously approved. The Mayor then recognized Police Chief Ronnie Spencer. Chief Spencer had previously provided information for Council to review regarding changes to the police department vacation policy. He added that he had met with the Finance Committee and discussed the costs associated with the change. In review, Mr. Spencer stated that the vacation policy being proposed was the same as was being used by many departments such as the Sheriffs Deputies and the State Police. Ronald R. Kapp added that the Finance Committee found the policy change to be acceptable. M. Leota Sang made the motion to approve the Vacation Policy change for the Police Department on the recommendation of the Finance Committee starting January 1, 2005.  William H. Wallace added the second and the policy change was approved unanimously. Chief Spencer then addressed Council on the need for a new cruiser that would also be suitable for transporting prisoners to the regional jail in inclement weather. He added that he had put notices in the newspaper seeking bids for a Jeep Liberty. After discussion, Robert C. Doeffinger made a motion to accept the low-bid of $20,831.75 from Norris-Northup Dodge Inc. Ronald R. Kapp added the second and the motion passed unanimously. The Mayor added that the cruiser acquisition would be done as a lease purchase through Comvest of West Virginia. Mayor Wilson then excused himself from the next portion of the meeting due to having personal financial involvement. Mayor Wilson turned the meeting over to City Clerk, Stanton D. Burdette. Mr. Burdette stated that the issue before Council was a zoning issue. Clerk Burdette then asked City Inspector Greg Walker to read the petition for variance. Mr. Walker explained that CWF,LLC was the property owner of 1716 Jefferson Boulevard and the adjacent lots and that it was presently zoned R-2. The petition asked that the property be rezoned to B-2 so that it could be sold to Farmers Bank and Savings Company who would then construct a bank on the property. Mr. Walker stated that the Planning Commission had given its approval of the proposed change. Ronald R. Kapp interjected that the Planning Commission gave approval expressly for the property to be used to construct a bank. Mr. Walker then added that there had been some questions about procedural issues that had been turned over to the City Attorney. In closing, he stated that he did receive a letter of endorsement for the project from the Mason County Area Chamber of Commerce. Mr. Walker then introduced Mike Lieving and Dallas Kayser who were present representing Farmers Bank. Mr. Kayser informed Council that Farmers Bank had been looking for a suitable location to start business in Point Pleasant for over 3 years. He stated that this particular property met the needs of the proposed bank. He added that Farmers Bank had a contract to purchase the property contingent upon it being rezoned as a B-2 Business property. Mr. Kayser then presented pictures of other Farmers Bank facilities and an artistic rendition of the proposed facility. Mr. Kayser stated that the proposed bank would be a daytime business, employ 10-12 people, pay Business and Occupation Taxes, and be a community neighbor. Mr. Kayser added that Farmers Bank very much wanted to do business in Point Pleasant and was willing to make a sizeable investment. In closing, he stated that the property was previously a business location and there were other businesses located in the same area. Mr. Kayser then turned the floor over to Mike Leiving to answer questions of Council. Mr. Leiving answered several questions from Council regarding landscaping, parking, type of construction and lighting. Next, Clerk Burdette recognized the Citizen Delegation. Leonard Riffle stated that some of the businesses Mr. Kayser referred to were present before the Zoning Ordinance became effective. Mr. Riffle stated that the Legal Notice appeared in the newspaper only two days before the Planning Commission meeting instead of the required fifteen. Mr. Riffle also took exception to the way the petition was presented to the City Clerk. Mr. Riffle stated that the area was a nice residential area and that several new homes had been built in recent history. (Wilcoxen, Hussell, Deal) Mr. Riffle stated that he felt what Council was being asked to vote on was not what was in the Legal Advertisement. Mr. Riffle stated that he felt it was an Ordinance change and would require three readings before it could be approved. Mr. Riffle stated that it was the Planning Commission’s duty to address issues such as lighting, drainage, sign type and placement, variances, parking, flow of traffic and how it will affect the neighborhood. He added that putting a business in a residential area would decrease the value of nearby homes. In closing, Mr. Riffle stated that the citizens were denied due process to participate in discussions with the Planning Commission to help resolve some of the issues. Robert C. Doeffinger stated that he had not had time to review the material and therefore made a motion to table any action on the zoning issue. Brian L. Billings added the second and therefore no action could be taken until the next Council meeting. Mr. Doeffinger then explained that the City had one major artery (Viand/Jackson) for traffic through the City and that the traffic flow was a serious issue. He stated that there had been a study done that explained the detrimental affects to allowing drive-thru businesses locate along that artery. An in-depth discussion followed with members of Council, the property owners, the representatives of the bank and citizens all allowed to speak and voice their concerns. Neighboring citizens speaking in opposition to the proposed zoning change were: Leonard Riffle, Anna Thompson, Margaret Crush and Martha Bachelor. At the conclusion of the discussion, Mayor Wilson was asked to return to the meeting. Mayor Wilson asked for a motion to approve the minutes of the Regular Council meeting of November 8, 2004. Ronald R. Kapp made a motion to approve and Brian L. Billings 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 and Coal Severance Funds for the month of November 2004. Ronald R. Kapp made a motion to approve and Robert C. Doeffinger added the second. Being no discussion, the motion passed unanimously. The Mayor then asked for a motion to approve the Outstanding Obligations for the month of November. William H. Wallace made the motion and Brian L. Billings added the second. Being no discussion, the motion passed unanimously. Finance Director Ronald E. Siders stated the fire truck payment was due and the money was in the budget. He stated he did need an invoice before the payment could be made. Next on the agenda was City attorney James Casey. Jeremy Vickers was present representing Mr. Casey’s office. Mr. Vickers stated that the Riverfront Park Arbitration was tentatively scheduled for February 24 & 25, 2005. Next on the agenda was City Clerk Stanton D. Burdette. Clerk Burdette informed Council that the surplus auction raised a total of $8,335.00.   Clerk Burdette presented the third reading of the proposed replacement of Section 13, Chapter 3, Article 1345; Sexually Oriented Businesses (Adult Entertainment Ordinance). M Leota Sang made a motion to adopt the third reading with the following changes to 709.12(a): that a sexually oriented business may not be allowed to operate within 2000’ of a church, synagogue, regular place of worship, public or private school, boundary of any residential area, public park or day-care center. Robert C. Doeffinger added the second. Jeremy Vickers advised Council that by increasing the distance from 1000’ to 2000’, the Ordinance would be too restrictive and might not hold up in court if challenged. After discussion, the motion to approve the Ordinance failed 2-4. Brian L. Billings and M. Leota Sang voted in favor with J. Glenn Long, Robert C. Doeffinger William H. Wallace and Ronald R. Kapp voting against. Next, Robert C. Doeffinger made a motion to adopt the Ordinance as written with the typing corrected, add the words “female genitals” to 709.12(m) and remove the words “elementary and secondary” from 709.12(a) 2. Ronald R. Kapp added the second. After all discussions, the motion to adopt the Ordinance was approved unanimously. The City Clerk then presented the third reading of Section 13, Chapter 3, Article 1346; Video Lottery Ordinance. M. Leota Sang made a motion to adopt the third reading of the Ordinance with the following amendments: change the word keno to gambling establishments throughout, unlawful to operate any limited video lottery or gambling establishment within 2000’ of a church, synagogue, regular place of worship, public or private school, boundary of any residential area, public park, day-care center, another video lottery or gambling establishment. J. Glenn Long added the second. In discussion, it was noted that gambling was already illegal in the state and was prohibited by City Ordinance. It was noted that the City could not make a state law illegal. The City could however restrict it. The motion to adopt failed 2-4. Voting in favor of the motion were M. Leota Sang and Brian L. Billings. Those voting against the motion were Ronald R. Kapp, William H. Wallace, Robert C. Doeffinger and J. Glen Long. Robert C. Doeffinger then made a motion to adopt the third reading of the Ordinance as written. Ronald R. Kapp added the second and the Ordinance was adopted 5-1 with M. Leota Sang voting in opposition. Ms. Sang asked for clarification on the distance restrictions. Mr. Vickers stated that the Ordinance read as follows:            

It shall be unlawful to operate a limited video lottery and/or Keno establishment within 150 feet of an existing establishment that already provides limited video lottery and/or Keno or within 300 feet of an existing religious institution, school or child care center.

The City Clerk then informed Council that the WVDOT had approved the pre-application for the 2004-2005 Transportation Enhancement Grant in the amount of $500,000.00 for the streetscape project. The Clerk stated that the City share would be $100,000.00 for the project. The Clerk stated that the City was changing Dental Providers to increase benefits to the employees with little or no additional charge to the City. It would cut the costs of insurance premiums for some employees. Also, the clerk added that the City would be offering a Section 125 (cafeteria-plan) for health care. This would tax-shelter monies that employees would use to pay for health care or deductibles. In closing, Clerk Burdette asked Council to establish a policy for the research and copying of records. After discussions on what other municipalities charge, Brian L. Billings made a motion to charge one-dollar per page for the service. Ronald R. Kapp added the second and the motion passed unanimously. Next on the agenda was Mayor Wilson. The Mayor reported that with regards to the North Point Pleasant Drainage project, a meeting would be scheduled in January with Burgess & Niple and the Finance Committee. Burgess & Niple was the engineering firm chosen to give a proposal on the project and the fees involved. The Mayor stated that he had been in contact with the Law Firm of Steptoe & Johnson regarding the sale of bonds to finance street paving. He said their representatives would be willing to meet with Council to look at the finances to decide which may be the best way to fund the projects. The Mayor then presented a Resolution to Authorize Application for $45,000.00 in Local Economic Assistance Grant Funds for various projects at the Point Pleasant Riverfront Park. Ronald R. Kapp made the motion to approve the Resolution and M. Leota Sang added the second. The Resolution was passed unanimously. The Mayor stated that he was going to file a pre-application for a walking trail grant. He added that this was the same project that had been applied for last year. The Mayor stated the date needed to be set for the fireworks display. William H. Wallace made a motion to have the fireworks on July 2ND with a rain date of July 3RD. J. Glenn Long added the second and the motion was approved unanimously. The Mayor announced that the City Christmas Party would be December 23RD from 1-3PM at the youth center.      In closing, the Mayor asked to change the January meeting from Monday January 10TH to Tuesday January 11TH due to scheduling conflicts. Ronald R. Kapp moved to change the meeting date and Brian L. Billings added the second. The motion passed unanimously.   In Council concerns, Brian L. Billings asked that the hole on Jackson Avenue in front of the City National Bank be repaired.   Robert C. Doeffinger reminded the Mayor about the utility pole holes in the sidewalk that needed to be grouted on Main Street. M. Leota Sang stated that the Krodel Light Show was beautiful. She added that there was water on the street at the new car wash. In closing, she added that that the new PVH offices had extensions put on the front that extends beyond the line of the other homes.       J. Glenn Long added that there were potholes on Maxwell and Mason Boulevards that needed to be repaired.    There being no other business, J. Glenn Long moved to adjourn the meeting and Ronald R. Kapp added the second. The meeting was adjourned at 10:00 P.M. by unanimous vote.

_______________________________ James H. Wilson, Mayor

______________________________Stanton D. Burdette, City Clerk 

 

 

 

 



 

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