Common Council

AREGULAR MEETING OFTHECOMMON COUNCIL OFTHE CITY OFBECKLEY CONVENED AT6:30PMONDECEMBER 13, 2022, INCOUNCIL CHAMBERS AND VIAWEB-X. THOSE PRESENT: Mayor Robert R.Rappold, Recorder-Treasurer Billie Trump, City Attorney Bill File, andSecretary Susan Miller. Council Members: Robert Dunlap, Sherrie Hunter, Cody Reedy, Bob Canter, Tom Sopher, andKevin Price. Thefollowing Department Heads were present: Director ofITBill Kelly, Assistant ITDirector AmyEvans, Corey Lilly Director ofOutdoor Economic Development, Captain Ernie Parsons withBFD, Chief ofPolice Dean Bailey, andChief Code Officer, Donald Morgan. ABSENT: Councilwoman Bullock. The Mayor called themeeting toorder at 6:30p.m.Council members, Department Heads and thepublic joined themeeting either inperson orbyWEB-Xfrom their computer, orbyphone, using theweblink orphone number provided theday ofthe meeting ontheCity’swebpage at Beckley.orgorthe City’sFacebook page. The Mayor ledthePledge ofAllegiance. Council dispensed with thereading and approval ofminutes from theCity Council meeting dated November 22, 2022, copies ofwhich hadbeen distributed toeach member. Council unanimously approved theminutes as written onamotion byCouncilman Price andseconded byCouncilman Sopher. Council dispensed with thereading and approval ofminutes from the Workshop dated December 5,2022, copies ofwhich hadbeen distributed toeach member. Council unanimously approved the minutes aswritten onamotion by Councilwoman Hunter andseconded by Councilman Canter. Next, onthe Agenda wasthe Supplemental Resolution forthePension Funding Bonds. TheMayor said thatdue torising interest rates and changes inthe stock market thiswould bedelayed until market conditions improve. Next, Mr.Fileread bytitle only and summarized ANORDINANCE AMENDING THE CITY OFBECKLEY ZONING ORDINANCE OF 1971 AND THE COMPREHENSIVE PLAN OF THE CITY OFBECKLEY AND THE ZONE MAP OFTHE CITY OF BECKLEY, ASFROM TIME TOTIME HAS BEEN AMENDED, TOPROVIDE FOR THE RE-ZONING OF1024th STREET, ASSHOWN ONTAX MAP 32, PARCEL 97, BECKLEY CORPORATION, WITHIN THE CITY OFBECKLEY, RALEIGH COUNTY, WEST VIRGINIA, FROM “R-1”,ONE FAMILY DISTRICT TO “B-1”, NEIGHBORHOOD HIGHWAY BUSINESS DISTRICT. Mr.File opened thepublic hearing. The Mayor announced thatifcalling byphone dial *3 toraise yourhand. Ifconnected by computer, click the “hand icon” onyour participants panel tospeak. Danielle Stewart said that sheisinfavor ofthe re- zoning. Danielle asked iftheentire block atthatlocation will getrezoned orjust thatspecific area. Mr. Filesaid thatit only re-zones theproperty thatis described intheordinance. Danielle asked thateven though aninsurance company wants tooccupy thatproperty, bymaking it “B-1”,would thisallow any authorized business tooccupy that location. Mr. Filesaid that iscorrect. Any permitted useof “B-1” would be appropriate fortheproperty, andthesame foranyconditional use. There were no other public comments. Mr.Fileclosed thepublic hearing. Theordinance was unanimously approved byCouncil ona motion made byCouncilman Reedy and seconded byCouncilman Sopher. The ordinance ishereby incorporated into these minutes. Next, Mr.Filepresented anOrdinance approving theCity entering into anon- exclusive franchise agreement with Cebridge Acquisition, LLC (dba Optimum). Mr.Fileread theordinance bytitle, ANORDINANCE GRANTING ARENEWED NONEXCLUSIVE FRANCHISE TOCEBRIDGE ACQUISITION, LLC DOING BUSINESS ASOPTIMUM TO CONSTRUCT, OPERATE AND MAINTAIN ACABLE TELEVISION SYSTEM INTHE CITY OFBECKLEY, RALEIGH COUNTY, WEST VIRGINIA. Mr.Filestated thatif approved, thisagreement willallow the City toreceive five percent ofOptimum’s gross revenue generated intheCity limits. Mr.Filestated thatthisisforaperiod of fiveyears. Mr.Fileopened thepublic hearing. TheMayor announced thatif calling byphone dial *3toraise your hand. Ifconnected bycomputer, click the hand icon” onyour participants panel to speak. There werenopublic comments. Mr.File closed the public hearing. The ordinance was unanimously approved by Council onamotion made by Councilwoman Hunter andseconded by Councilman Sopher. The ordinance and theagreement arehereby incorporated into these minutes. Next, Mr. Fileread bytitle a RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE RALEIGH COUNTY COMMISSION, THE CITY OFBECKLEY, AND THE RALEIGH COUNTY SOLID WASTE AUTHORITY. Mr.Filesaidthatthe owner oftheproperty isresponsible for thecost ofthedemolition. TheCity isnot required topay theRaleigh County Solid Waste Authority forthecost ofthe demolition until the owner ofthe property pays theCity. TheCity would then pay theRaleigh County Solid Waste Authority. Mr.Filesaid thatthisisa resolution thatCouncil approves annually. The resolution was unanimously approved byCouncil onamotion made byCouncilman Canter andseconded by Councilman Price. The resolution is hereby incorporated into these minutes. Next, Mr.Fileread aresolution inits entirety regarding apotential partnership between theCity andCounty on the proposed development ofanoutdoor athletic complex inwhich theCity will consider contributing three million dollars iftheState ofWest Virginia contributes twenty million dollars, and theRaleigh County Commission agrees tocontribute uptothree million dollars. The resolution was unanimously approved byCouncil on amotion made byCouncilman Price and seconded byCouncilwoman Hunter. The Mayor said thatthe resolution describes thecaveats thatwould need totake place bythe State andCounty before theCity would agree tocontribute three million dollars towards theathletic complex. Mr. Filesaid thatbefore anyfunds from the City would becontributed, thematter would bediscussed anddecided by Council atthat time. Theresolution is hereby incorporated intothese minutes. Next wasthe receiving and opening of bids fortheOutdoor Economic Development Master Plan. Theonly bid received was byDestination ByDesign with agrand total ranging from two hundred seventy-seven thousand, one hundred dollars tothree hundred thirty- seven thousand, onehundred dollars, depending onwhat services are needed. The City’sDirector ofOutdoor Economic Development Corey Lilly explained that thebidincludes aprice range which allows theCity tocustomize andselect from avariety ofproducts andservices offered byDestination ByDesign. They Mayor said thatDestination ByDesign hasagreed towork concurrently with the City onother projects, while working towards aplan forbranding fortheCity ofBeckley. Thebidwasforwarded to Recorder-Treasurer Billie Trump, Councilwoman atLarge Sherrie Hunter, Councilman atLarge Cody Reedy, and theCity ofBeckley Outdoor Economic Director Corey Lillyforfurther review andpossible award atafuture Council meeting. Thebid ishereby incorporated into these minutes. Next onthe Agenda was thereceipt andopening ofbids fortherefurbishment oftennis courts atNew River Park andtheconversion oftennis courts intopickleball courts atNew River Park. The firstbidwasfrom ASE Asphalt Surface Enterprises, Inc.intheamount ofsixty-eight thousand dollars. The Mayor said thatpickleball has become huge across thenation andDave Barksdale has done awonderful jobwith pickleball inourarea. The bidfrom ASE ishereby incorporated into these minutes. The nextbidreceived wasfrom Innovative Sport Surfacing, LLC intheamount offifty-seven thousand, nine hundred fifty-fivedollars. This bidishereby incorporated into these minutes. Mr.Filestated thatthe bidistobesealed anditwilltake further consideration toseeifthebidmayormay notbeconsidered. The final bid isfrom Exterior Services SWV, Inc. inthe amount ofsixty-four thousand, three hundred seven dollars andfifty cents. Thebidfrom Exterior Services SWV, Inc. ishereby incorporated into these minutes. These bids willbegiven toCouncilwoman atLarge Hunter, Councilman atLarge Reedy, Recorder Treasurer Billie Trump, andParks & Rec. Director Leslie Baker forpossible award atafuture Council meeting. OLD BUSINESS: Councilman Dunlap asked ifthe facilities onEwart Avenue could berepurposed. Hesaid young children liveinthatareawho could useitasa park/entertainment area, anditwould bewithin walking distance forthem justastheYouth Museum and Exhibition Coal Mines are. TheMayor said thishas been atopic ofdiscussion over the years andEwart Avenue suffers from serious Stormwater anddrainage problems andsome erosion ofthetennis courts has occurred. There hasbeen interest inputting anoutdoor theatre there. TheMayor said thatinthe1980’sa significant amount ofmoney was invested inthose tennis courts tohave them refurbished. Due totheerosion of thecourts, Stormwater, and drainage issues thishas become astorage area forparks andrecreation. The Mayor said that Ewart Avenue isaprominent location andsomewhat ofaproblem location. TheMayor saidin thepast, asuggestion wasmade toputagocart track there. However, theneighbors were notinfavor dueto theincrease innoise itwould produce. Councilman Dunlap said noise barrier walls could beused. He suggested that theCity put something there forkids to enjoy. Mr.Dunlap alsosaid Hargrove Street has dilapidated structures andwith temperatures dropping people aregoing inunder porches. Hecan’timagine how frustrating thisisfortheCity’slawenforcement officers being putinharm’sway byrepeatedly clearing outadilapidated house. TheMayor saidthat Hargrove Street hasbeen aproblem forquite some time, and heis asking Code officials tolook into it. NEW BUSINESS: Nonew business was discussed. PUBLIC COMMENTS: Nopublic comments were made. Mr.Fileasked ifCouncil would meet December 27, 2022. The Mayor said no. With there being nofurther comments theMayor adjourned themeeting at7:07p.m. Mayor Recorder-Treasurer