Common Council

AREGULAR MEETING OFTHE COMMON COUNCIL OFTHE CITY OF BECKLEY CONVENED AT 6:35PMONMARCH 22, 2022, BYWEB-XDUE TOCOVID-19FOR THE PUBLIC AND COUNCIL MEMBERS MET INCOUNCIL CHAMBERS. THOSE PRESENT: Mayor Robert R.Rappold, Recorder-Treasurer Billie Trump, City Attorney BillFile, Secretary Susan Miller, ITDirector, BillKelly, Assistant ITDirector, Amy Evans, Council Members: Cody Reedy, Tom Sopher, Bob Canter, Kevin Price, Sherrie Hunter, andJanine Bullock. Thefollowing Department Heads were present: Director ofBoard ofPublic Works, Jerry Stump, Chief Wills ofBeckley FD, Chief Christian ofBeckley PD, Captain Morgan, Chief Code Officer, Parks & Rec. Director, Leslie Baker, andtheGeneral Manager oftheBSB, Jeremiah Johnson. ABSENT: Councilman Robert Dunlap The Mayor reminded thepublic that they will beable tomake comments when invited todo sobyeither pressing *3ontheir phone andtheir callwillbetaken intheorder itisreceived, or if viewing bycomputer ortablet, raising your hand byright clicking your name andchoosing Raise Hand". Before theMayor called themeeting toorder heread arecognition and profound appreciation ofdistinguished service testimonial written byMs. Baker inhonor ofSharon Dempsey who recently passed. The testimonial isincluded attheendofthese minutes. Themeeting was called toorder at6:35p.m.Council members, Department Heads andthepublic joined the meeting either inCouncil chambers orbyWEB-Xfrom their computer, orbyphone, using the weblink orphone number provided thedayofthemeeting ontheCity’swebpage at Beckley.orgorthe City’sFacebook page. Council dispensed with thereading andapproval ofminutes from theregular Council meeting dated March 08, 2022, copies ofwhich hadbeen distributed toeach member. Council unanimously approved theminutes aswritten onamotion byCouncilman Sopher andseconded byCouncilman Price. Council dispensed withthereading andapproval ofminutes fromtheWorkshop dated March 14, 2022, copies ofwhich hadbeen distributed toeach member. Council unanimously approved theminutes aswritten onamotion byCouncilman Sopher andseconded byCouncilwoman Bullock. Next Mr.Fileread theResolution authorizing theCity ofBeckley (COB) tocontribute tenthousand dollars ($10,000.00) totheBeckley Area Foundation forthecreation oftheBillWithers Sculpture project fund. This resolution was unanimously passed byCouncil onamotion made byCouncilman Price and seconded byCouncilwoman Hunter. The resolution ishereby incorporated into these minutes. Jeremiah Johnson, GM oftheBSB clarified that tonight isthefirstreading oftheordinances regarding stormwater andsewer rates andthesecond readings andpublic hearings willbeheld during theApril 26, 2022 Council meeting. The Mayor reiterated thattheBSB operates asasubsidiary oftheCOB with itsown Board ofDirectors (BOD), thestormwater rates haven't changed infifteen years, andthe sanitary/sewer rates haven’tchanged inseven years. Mr.File summarized thesewerage system ordinance. Hesaid thattheCOB isfollowing therequirements ofthePublic Service Commission (PSC). There arerules andregulations from theGovernment ofSewer andUtilities which require ordinances, public hearings andthatcustomers beinformed ofrate changes. Mr.Fileread theordinance bytitle AnOrdinance Setting Forth The Rates, Fees, And Charges ForService ToCustomers OfThe Sewerage System OfThe City OfBeckley. The ordinance was unanimously approved byCouncil onamotion made byCouncilwoman Hunter andseconded byCouncilman Price. The ordinance ishereby incorporated into these minutes. Next, Mr.File read theordinance bytitle only AnOrdinance Authorizing theAcquisition, Construction, and Equipping OfCertain Extensions, Additions, Betterments, And Improvements ToThe Existing Public Sanitary Sewage System OfThe CityOfBeckley. The ordinance was unanimously approved byCouncil on amotion made byCouncilwoman Bullock andseconded byCouncilwoman Hunter. The ordinance ishereby incorporated into these minutes. Mr.Fileexplained that thenext ordinance increases thestormwater fees from $3.75/mo. to $7.41/mo. for single family residential dwellings. Fornon-residential properties the feeof $1.25peronethousand sq. ft.of impervious area monthly would increase to $2.47perone thousand sq. ft.ofimpervious area monthly. Mr. Fileread theordinance bytitle only AnOrdinance Amending Article V,Sections 9-602, 9-603, and9-604Of The Code OfThe City OfBeckley West Virginia AsThe Same Applies ToStormwater Management And Surface Water Discharge Control And Applicable Rates And Fees. Theordinance wasunanimously approved byCouncil onamotion made byCouncilman Price andseconded byCouncilwoman Hunter. The ordinance ishereby incorporated into these minutes. Next, was thesecond reading bytitle only andpublic hearing ofAnOrdinance Authorizing The City Of Beckley To Accept From Pinecrest Development Corporation ACertain Tract OrParcel OfLand Consisting Of142.27Acres. Mr.Filestated thatinadopting thisordinance that theCity willassume thedebt against thislandintheamount of $325,645.72which istheamount that Pinecrest Development Corporation (PDC) owes onthisproperty. The City will assume the $1,500.00permonth rent payment toForward Southern West Virginia which isonbehalf oftheNRGRDA solong asNRGRDA occupies office space there. PDC willbeassigning totheCity allitsleases andanyrights ithasregarding thePinecrest Plaza South. The income thatisgenerated from Pinecrest Plaza South more than covers thedebt obligation andmore than covers therental obligation theCity willhave toForward Southern West Virginia. Mr.File read the ordinance bytitle AnOrdinance Authorizing The City OfBeckley ToAccept From Pinecrest Development Corporation ACertain Tract OrParcel OfLand Consisting Of142.27Acres. Mr.Fileopened apublic hearing. There were nopublic comments. The public hearing was closed. Theordinance wasunanimously approved byCouncil onamotion made byCouncilman Price and seconded byCouncilwoman Bullock. The Mayor announced thattheclosing onthisproperty isatBlack Knight March 31, 2022, at10:00a.m. Council members andDepartment Heads were invited toattend. The ordinance ishereby incorporated into these minutes. Next Mr. Fileread bytitleonly AnOrdinance Re-Enacting And Amending City OfBeckley Code Chapter 4 Article I,Sections 4-9,4-9.1,4-10, 4-11, And 4-12. Hestated that theordinance updates theCity's building code andbrings itincompliance with theState of West Virginia's code. Mr.Filesaid that thisisdone periodically when theWV Legislature updates theState Building Code toinclude theamendments and revisions made bytheWV State Fire Commission. Mr.Fileopened apublic hearing. There were nopublic comments. Mr. Fileclosed thepublic hearing. Chief Code Officer, Captain Morgan, reiterated thatthis ordinance keeps theCity incompliance with theState code. The ordinance was unanimously approved by Council onamotion made byCouncilman Price and seconded byCouncilman Canter. The ordinance is hereby incorporated intothese minutes. Next, Councilman Reedy said the Cityreceived only onebid, which was from Frye Roofing, Inc,.inthe amount of $96, 987.00toreplace the roofontheWJLS building. Councilman Reedy made themotion to accept thebidandCouncilman Price seconded it. Councilman Sopher asked iftheCity isgoing towait to seeifthegrant money isawarded before theroof isinstalled. The Mayor said yes. Recorder-Treasurer Billie Trump said that FryeRoofing hasnotyetgiven atimeline forthe work, butonce theyhave been informed that their bidisapproved, they willbeable togive amobilization timeline. Mr.Trump said thattheCity will bemeeting with WJLS officials toseeifthere isanysuperfluous equipment ontheroof thatcould be removed while Frye Roofing hasacrane onsitetoraise their materials toroof level. Mr.Trump said that considering theavailability andshipping delays formaterials, itmay take awhile toreceive them. The Mayor said that The Hive islooking atthepossibility ofgetting grants. The Hiveisinterested inoccupying a considerable portion ofthat building andifthat grant isawarded itwould allow The Hive todosome nice things tothatbuilding. Councilman Sopher agrees that funds from thegrant should bereceived before the roof work begins. Councilwoman Bullock asked ifanyofthesurrounding storefronts were inspected. The Mayor said thatthere arefour storefronts onthemain levelandtheDirector ofBoard ofPublic Works, Jerry Stump, andsome ofthe stafffrom thatdepartment haveassessed thebuilding. Council unanimously approved thebid, which was incorporated into theminutes ofthe March 8,2022, Council meeting. OLD BUSINESS: The Mayor announced thatSpring Cleanup begins April 4,2022. The Mayor reminded Council members oftheChamber ofCommerce dinner attheRaleigh County Convention Center March 31, 2022, andasked Council members tolethimknow iftheyplan onattending andifthey arebringing aguest. The Mayor saidthat during thelastCouncil meeting Councilman Reedy andCouncilman Dunlap brought up thetopic ofcompensation fortheBeckley Police Department (BPD). The Mayor said thatheandMr.Trump metwith theBeckley Police Department Pension Board (BPDPB) andhave mettwice with Chief Christian andDeputy Chief Bailey regarding this. The Mayor suggested that Councilman Reedy meet with Chief Christian after tonight's meeting. The Mayor said that Corey Lilly, Beckley's Outdoor Economic Development Director, hasbeen involved with WV Land Trust which owns andgoverns asizable piece ofproperty inthePiney Gorge. Preliminary indications arethattheWV Land Trust Board isinterested inthisproperty being annexed intotheCity. Corey andMr.Fileareworking onthis. The Mayor announced that Chief ofPolice Lonnie Christian isretiring. The Mayor said thatChief Christian willbemissed, andhecan't sayenough about theorganization thatChief hasbrought totheCity's Police Department, hislong-range planning, therespect thathehasthroughout thedepartment, hisforward thinking, attention todetail, andhisinput onanew police headquarters which resulted inagreat facility. TheCity is thankful forChief's Christian'sleadership. Chief Christian said that heappreciates theopportunity towork with theCouncil members. Chief gave eachCouncil member, aswell astheMayor, aletter expressing his gratitude fortheopportunity toserve theCity. Chief thanked everyone forallthey have done over theyears. Councilman Canter asked foranupdate onFruits ofLabor (FOL). The Mayor said thatTammy Jordan, President ofFOL, hasexperienced adelay ingetting the building ready toopen due tothesupply chain shortage andshipping delays. Shehadnew kitchen equipment ordered which has beenput ondelay forupto oneand ahalf years, sosheproceeded topurchase used kitchen equipment. Mr.Trump said thatregarding suppliers andvendors, Tammy isvery close tohaving everything sheneeds acquired. Sheidentified some equipment inthebuilding which was surplus which hasnow been sold ontheauction siteandtheCity has realized some gains fromthat. Mr.Trump said that hethinks FOL willopen inMay. Councilwoman Bullock thanked Chief Christian, theCode Office, andtheBoard ofPublic Works foralltheir help. The Mayor acknowledged theBlack History Celebration attheRaleigh Playhouse Theater. He said thathehad previous engagements andwas notable toattend. Councilwoman Bullock asked foranupdate onwhere the City isintraining andcertifying lifeguards. Ms. Leslie Baker said thatshewill email herthe information that shehasandthey arecontinuing towork onthisasthey have since before Christmas. NEW BUSINESS: Councilman Sopher announced that hisdaughter, Kate Sopher, Matt Mullins, and some others have been working onputting together aconcert fortheBillWithers event. TheMayor saidthatthe morning oftheevent JillMoorefield, City Events Planner, willhold theSweet Treats event. Councilman Sopher also announced that theHistorical Society iskicking offFounders Day May 21,2022. Councilman Price asked that now thatCouncil ismeeting inperson could itresume starting themeeting with thePledge of Allegiance andprayer. The Mayor said thathethinks they should dothePledge. However, hehas read so many articles from around thecountry concerning thisissue that heisalittle ambivalent regarding this subject. Hesaid hewould beopen todiscussing thistopic with Council members. Councilman Reedy said helikes theidea ofhaving local Pastors fromvarious churches come toCouncil chambers which gives Council members theopportunity tospeak tothem about thecommunity. TheMayor agreed that healso enjoyed spending afewminutes with thePastors before meetings. PUBLIC COMMENTS: Danielle Stewart said that oneissue isthat theproposed rateincrease isbeing perceived asthough itisduespecifically totheissues atHartley Avenue andsheknows thatitisalotmore than that. Shehopes that theCity and theBSB caneducate thecommunity better about why theincrease is necessary. Sheasked Council toconsider raising therates forbusinesses above andbeyond what residents arepaying. Sheasked ifthepool atNew River Park isbeing maintained. Ms. Baker saidthatthey have started draining thepools, regular maintenance istaking place andthey arecarrying onasthough thepools willopen ontime. The Mayor said thatthecommercial storm water rates forimpervious areas have increased. Jeremiah said theimpervious arearate forstorm water didincrease. Councilman Sopher saidthat heread intheordinance that ifabusiness wastodevelop astormwater runoffsystem that their ratewould be adjusted accordingly. Jeremiah said that fornew developments thathave structures inplace thatmanage stormwater there isacredit policy inplace allowing them toapply fordiscounts. Hesaidthatanexisting business could request itsapplication bemade retroactive andapply fordiscounts. Ms. Baker saidthatin 2001 theYouth Museum received theInstitute ofMuseum andLibrary Services National award andthatthe Beckley Exhibition Coal Mine willbenamed byUSA Today asoneofthetenbest history museums inthe country. The Mayor congratulated Ms. Baker andherstaff. With there being nofurther business todiscuss theMayor adjourned themeeting at7:18p.m.made onamotion byCouncilwoman Bullock andseconded by Councilman Sopher. Mayor Recorder-Treasurer