Common Council

AREGULAR MEETING OFTHE COMMON COUNCIL OFTHE CITY OF BECKLEY CONVENED AT 6:30PMONSEPTEMBER 27, 2022, INCOUNCIL CHAMBERS FOR COUNCIL MEMBERS AND BY WEB-XFOR THE PUBLIC DUE TOCOVID-19. 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, Robert Dunlap, Bob Canter, Kevin Price, Janine Bullock, andSherrie Hunter. The following Department Heads were present: Captain Parsons ofBeckley FD, Chief Bailey ofBeckley PD, Captain Morgan with theCode Office, andDirector ofBoard ofPublic Works, Pam Frey. Guest speaker Rob Steptoe with Cruise & Associates andTom Aman were present. The Mayor called the meeting toorder at6:30p.m.Council members, Department Heads and thepublic joined themeeting either inperson orbyWEB-Xfrom their computer, orbyphone, using theweblink orphone number provided thedayofthemeeting ontheCity’swebpage at Beckley.orgorthe City’sFacebook page. The Mayor ledthePledge ofAllegiance. Council dispensed with thereading andapproval ofminutes from theCity Council meeting dated September 13, 2022, copies ofwhich hadbeen distributed toeach member. Council unanimously approved theminutes aswritten onamotion byCouncilman Price andseconded by Councilwoman Bullock. Council dispensed with thereading andapproval ofminutes from the Workshop dated September 20, 2022, copies ofwhich had been distributed toeach member. Council unanimously approved theminutes aswritten onamotion byCouncilman Dunlap andseconded byCouncilman Price. Next, Councilwoman atLarge, Sherrie Hunter made amotion toaccept thebidfromLewis Automotive fora new four-wheel drive mid-sized SUV fortheBeckley Police Department intheamount of $30,344.42. The motion was seconded byCouncilman Sopher andunanimously approved byCouncil. The bidwas incorporated into theSeptember 13, 2022, minutes. Next, theMayor sought Council’sapproval forMr.Yahon Smith tojointheBeckley-Raleigh County Health Department Board ofDirectors. Amotion was made byCouncilwoman Hunter, seconded byCouncilman Canter, andunanimously approved byCouncil. Next, Mr.Filepresented thefirst reading ofanOrdinance toutilize Bonds tofinance the unfunded liability of theBeckley Police Department andtheBeckley Fire Department pension funds. Mr.File stated thatthe second reading andpublic hearing will beheld during Council’snextmeeting, October 11, 2022. Mr.File read theOrdinance bytitle ANORDINANCE AUTHORIZING AND APPROVING THE ESTABLISHMENT BY THE CITY OFBECKLEY (THE " CITY") OF APENSION FUNDING PROGRAM AND THE FUNDING OFSUCH PROGRAM WITH THE PROCEEDS OFTAXABLE PENSION FUNDING REVENUE BONDS ("THE BONDS") ISSUED BYTHE BECKLEY BUILDING COMMISSION (THE "BUILDING COMMISSION"); AUTHORIZING AND APPROVING THE ISSUANCE BYTHE BUILDING COMMISSION OFTHE BONDS, INONE OR MORE SERIES, INAN AGGREGATE PRINCIPAL AMOUNT NOT TOEXCEED $37,000,000 TOFINANCE THE COST OFA PENSION FUNDING PROGRAM INCLUDING THE FUNDING OF ADEBT SERVICE RESERVE FUND FOR THE BONDS, IFREQUIRED, THE PAYMENT OF COSTS OFISSUANCE OFTHE BONDS AND RELATED COSTS; AND TO PAY OTHER COSTS INCONNECTION THEREWITH, INCLUDING THE ESTABLISHMENT OF ACONTINGENCY RESERVE FUND WITH RESPECT TO THE BONDS AND, IFDEEMED ADVISABLE, THE PURCHASE OFBOND INSURANCE INCONNECTION WITH THE BONDS; AUTHORIZING AND APPROVING THE ACQUISITION OFREAL PROPERTY AND ASSOCIATED IMPROVEMENTS BY THE CITY FROM THE BECKLEY BUILDING COMMISSION; THE LEASING BYTHE CITY, ASLESSOR, OF CERTAIN REAL PROPERTY WITH ALL BUILDINGS, IMPROVEMENTS, FIXTURES, EQUIPMENT, RIGHTS OFWAY AND APPURTENANCES ASSOCIATED THEREWITH (COLLECTIVELY THE "LEASED PROPERTY") TO THE BUILDING COMMISSION, ASLESSEE, PURSUANT TO ASITE LEASE AGREEMENT TOBE EXECUTED AND DELIVERED BYANAUTHORIZED OFFICER OFTHE CITY; AUTHORIZING AND APPROVING ALEASE AGREEMENT BETWEEN THE BUILDING COMMISSION, ASLESSOR, AND THE CITY, ASLESSEE, WITH RESPECT TOTHE REAL PROPERTY (THE "LEASE") TOBE EXECUTED AND DELIVERED BYAN AUTHORIZED OFFICER OFTHE CITY; AUTHORIZING THE PREPARATION OFAPRELIMINARY OFFICIAL STATEMENT TOBEUSED INCONNECTION WITH THE SALE OFTHE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY BYTHE MAYOR OFTHE CITY OFACONTINUING DISCLOSURE AGREEMENT, ANOFFICIAL STATEMENT, AND ABOND PURCHASE AGREEMENT BETWEEN THE BUILDING COMMISSION AND THE PURCHASER OFTHE BONDS, AND ACKNOWLEDGED AND AGREED TOBYTHE CITY; APPROVING THE ADOPTION BY THE CITY OFCONTINUING DISCLOSURE POLICIES AND PROCEDURES WITH RESPECT TOTHE CONTINUING DISCLOSURE AGREEMENT TOBE EXECUTED BYTHE CITY INCONNECTION WITH THE ISSUANCE OFTHE BONDS; AND AUTHORIZING OTHER NECESSARY ACTIONS INCONNECTION WITH THE FOREGOING. The Mayor introduced Rob Steptoe with Cruise & Associates, Inc. who helped engineer thisprogram with Recorder-Treasurer Billie Trump andCity Controller Jessica Chandler. Mr.Steptoe thanked Council andthe Mayor forinviting himtothemeeting. He said thatheappreciates being part ofateam with three underwriters that have experience nationally and onthestate level. Hesaidthatwith thenew legislation which was passed inMarch 2022 byWV Legislature House Bill 4756municipalities areallowed toissue pension funding revenue bonds. Mr.Steptoe introduced Tom Aman with Steptoe & Johnson which dialed in byphone. The names ofthree other team members oftheunderwriting group are: Steven DiNicolas from Chicago, Piper Sandler from Charleston, WV, andCruise & Associates from Morgantown. Any questions by Council that may arise after tonight’smeeting canbediscussed atthepublic hearing October 11, 2022, when theCommon Council and Building Commission willhave theopportunity for input. The public also can voice anyquestions during thepublic hearing. Tom Aman said theBuilding Commission willissue the bonds andasitturns out already owns some oftheproperties that willbesecurity for thebonds. Part ofthis istoauthorize acquisition bytheCity ofthose properties from theBuilding Commission. There would be lease agreements between the City andthe Building Commission thatprovide thebasis toprovide the funds forthepension plans and paythelease rentals that willultimately repay thebonds, pledging those properties ascollateral. The bonds willbepublicly offered sothere arecertain continuing disclosure requirements the City willhave. There willbedisclosure filings ofannual audited financials andcertain basic information with respect tothebond issue thatwillcome outofthe City’sactuarial report. There isanagreement thatgoes along with thisthat explains what isanticipated. There isaschedule oftheproperties that areinvolved for theacquisition andtheleasing. Mr.Aman said that they willhave more details October 11, 2022, during the Council meeting. The Mayor said thatfrom hispersonal perspective hethinks thatthisishistoric forthe City ofBeckley andputs theCity inaleadership position toassure thesolvency ofourpolice andfirepension funds. The Mayor commented that hethinks theCity hasdone awonderful jobwith these pension funds over theyears and Billie hasfurther bolstered those funds with approximately $450K ofadditional contributions to thefunds intotal. The Mayor said thatthisissue isadark cloud thathangs over alotofcities butisvery optimistic itwillnolonger beanissue fortheCity ofBeckley. Councilman Sopher asked ifthisordinance requires three readings. Tom Aman saidthat under WV State Code 833andsome references toWV State Code 816, theordinance cannot become effective until adopted onthe second reading andalegal adis published with anotice ofpublic hearing after thesecond reading. Itcan’tbecome effective until after the public hearing. The City isproceeding inaccordance with theCity’sregular ordinance procedures with respect torevenue raising measures, which require alegal adbepublished andapublic hearing, butonly two readings foradoption. Councilman Sopher asked ifthebond isgoing tobesecured with $34M. The Mayor clarified thatupto $37M ofunincumbered property willsecure thebonds. The Mayor stated thatFire Station 1,Fire Station #2,andBlack Knight would beinvolved. Councilman Price said that throughout histenure andBillie’stenure attheFire Department thepension system was ashining spot intheState. However, during that time, Huntington’ ssystem failed. They were unable tokeep upwith thepayments asrequired by WV Code. Hesaid that Charleston was going downhill quick aswell asother municipalities. Councilman Price commended thePension Board andthe investments made bythe Bank ofRaleigh andCity National Bank. Councilman Price said that what thisCouncil decides todointhenextsixoreight weeks willallow Council members inthenext fifteen years tosaythatthey areglad thecurrent Council didthisbecause otherwise they would notbeable toafford it. Councilman Price said that ifCouncil does notdothisnow that itwillgetworse later. Hesaidthat thebreakeven point ofapproximately fourteen orfifteen years from now may notlook likemuch during that time butafter that itisall “gravy”. Councilman Price said noone knows what isgoing tohappen inCharleston iftheWV Legislation changes thelaw. Hesaid thiswindow could close very soon soCouncil needs totake advantage ofthisnow. Councilman Price said itisagood thing to secure thepension systems forthepensioners anditisagood fortheCity because oftheamount ofmoney they won’thave toputtowards thisintwenty years. The Mayor said thatunder thecurrent alternative plan that requires theseven percent annual increase itwould become unsustainable fortheCity. TheMayor saida point willbereached where notonly arethepension funds guaranteed forperpetuity, buttheCitywillbe achieving itinalessexpensive manner. Rob Steptoe said thatthenew legislation requires thereserve fund thecontingency reserve fund) intheamount oftenpercent oftheamount being financed. Thisisgood public policy. The way the market hasitsupyears anddown years, theCity could manage andcontrol the contingency reserve fund intheevent theCity hadtomitigate some ofthose situations inthemarket orin actuary changes andassumptions. Councilman Dunlap said thatafter attending theWorkshop twothings come tomind which are: 1)Hethinks this isagreat retention tool for Beckley Police Officers. Hethinks thisisasolid program tohelp the City attain, acquire, andattract better applicants andkeep our talent here in theCityPD. 2)Hesaid there hasbeen alotofpeople naysaying about theCityowning certain pieces ofreal estate, butoneonly needs toshow upand beinvolved toseetheacquisition ofproperty likeBlack Knight might have served ashort-term benefit, butitalso serves along-term benefit assomething thatcanbelevied against sothattheCity canfully fund thepension program. Herecognizes that very fewmunicipalities throughout thestate have afully funded plan. Itisapositive statement thatBeckley ismaking about being more solvent andfiscally responsible. The ordinance was unanimously approved byCouncil aswritten ona motion byCouncilman Price andseconded byCouncilwoman atLarge Sherrie Hunter. The ordinance is hereby incorporated into these minutes. OLD BUSINESS: The Mayor announced thatPam Frey willbethenew Director ofBoard ofPublic Works effective December 1,2022. Jerry Stump isretiring. The Mayor complimented theBeckley Fire Department onhosting the FallSummit lastweek thatwas attended byProfessional Firefighters from allover theState. Ricky Fisher istobecommended along with alltheFirefighters that participated indifferent elements of training. Councilwoman Bullock commented onwhat agreat jobTrena Dacal, Executive Director ofthe United Way didontheDancing With The Stars fundraiser. Councilwoman Bullock also thanked Mr.Jack Tanner with theRaleigh County Commission onAging forthegreat event held there observing National Senior Center Day. Councilwoman Bullock said that Margaret O’Neal withtheUnited Way wastheGuest Speaker. Councilman Sopher thanked Board ofPublic Works forthe paving work that isbeing done. He received acomment from acitizen that livesonMaxwell Hillquestioning theTeel Rd. intersection hoping theCity could communicate with the State toget thatarea paved. Pam Frey said thatJerry Stump contacted theState today regarding this. Councilman Sopher saidthat there issomuch traffic that flows through that area. NEW BUSINESS: Councilwoman Hunter congratulated thefirst female K-9Officer, Lauren Birchfield. The name ofherK-9isGabeo. Councilwoman Hunter thanked theBoard ofPublic Works forallthe recycling work thattakes place throughout the City. Councilman Sopher also commended Board ofPublic Works forthe community pride displayed onMaxwell HillRd. forallthe blue recycling boxes curbside on Monday mornings. Pam Freysaid thenewpacker truck hasmade itpossible tofinish Maxwell Hill inone day. The Mayor said Councilwoman Hunter was very involved inhelping secure thepacker truck. Councilwoman Hunter said thatitrequired alotofwork fromboth herand PamFrey. The Mayor said that JillMoorefield Director ofBeckley Events hasworked hardontheupcoming Chili Night. The anticipated hurricane ismaking itdifficult fortheBeckley Events Committee todecide whether tohold theevent October 1stasplanned ortopostpone it. Recorder-Treasurer Billie Trump said that hespoke toJillearlier today andshe iscontinuing toevaluate theweather forecast andwill make afinal decision Thursday. The Mayor announced that ifcalling inbyphone dial *3toraise your hand. Ifconnected bycomputer, click the hand icon” onyourparticipants panel tospeak. PUBLIC COMMENTS: Brian Brown commented about thearticle inthe newspaper regarding downtown parking being leased toFruits ofLabor (FOL). He said that hisoffice isdowntown at328 W.Neville St. He continued tocomplain about theCity’ssupport ofFOL andhecomplained about hisperception oflack parking spaces downtown. Mr.Brown said thatif youscroll the CityofBeckley online youhave accolades toFOL andBlack Knight andnoother businesses intown. Mr.Brown said that itisabsurd and ridiculous that aCitythesizeof Beckley only seeks togive acclaim totwo businesses when there isawhole City ofpeople andbusinesses righthere thatneeds attention and devotion. The Mayor said heattended anice function atFOL today where representatives with theBest National Restaurants chose FOL forthat award. Hesaid that FOLiscoming onstrong andasfarasMr.Brown’scomments, theparking lotdirectly behind hisnew office onNeville St. willbecompleted soon. Itislarger than theformer Zen’sparking lot. When the final work iscomplete onthelotacross from FOL itwillalso include enlarging thecurrent parking lotacross from Beckley Water Company byapproximately 2ft. TheMayor said thathethinks thatifMr. Brown is patient andwatches things progress thathewillfind that there ismore than enough parking. The lotdirectly behind hisoffice ismuch closer thanthe former Zen’slot. Councilman Dunlap saidthat after hespoke to Mr.Brown today hediscovered what the Mayor justsaid about theCity’splans toexpand theparking lotbehind hisbuilding. Hesaid that theCity was kind toCoffee OnMain when they opened. Hesaid that before theCity ever purchased theFOL building theCity attended theribbon cutting ceremony forCoffee On Main andasked thatwaste baskets bemoved away from thefront ofthat establishment andtheCity allowed atemporary mid-dayparking space forCoffee OnMain’scustomers. Hedisagrees that theCity hasonly benefited oneentity throughout itshistory. Hesaid there are alotofexamples where theCity hastried to help new businesses. Councilman Dunlap isexcited about theexpansive parking that isgoing tobeavailable behind Mr.Brown’sbusiness andthinks thatitwill helphimagreat deal. The Mayor said thatheagrees. Initially WVU Tech hadtalked totheCity andhadplans tolease alarge portion oftheEarwood Street parking lot. However, since then they have worked outanarrangement with theFirst Baptist Church, that isnolonger anissue. That parking lotwillbeavailable tothe public andisbasically atMr.Brown’s doorstep. TheMayor thinks thiswillhelp Mr.Brown. Amotion made byCouncilman Price andseconded byCouncilwoman Hunter was unanimously approved byCouncil toadjourn at7:05p.m. Mayor Recorder-Treasurer