Common Council

AREGULAR MEETING OFTHE COMMON COUNCIL OFTHE CITY OFBECKLEY CONVENED AT 6:33PMONAUGUST 8,2023, INCOUNCIL CHAMBERS AND VIA WEB-X. PRESENT: Mayor Robert R.Rappold, Recorder-Treasurer Billie Trump, City Attorney BillFile, and Secretary Susan Miller. Council Members: Janine Bullock, Robert Dunlap, Sherrie Hunter, Cody Reedy, Tom Sopher, andKevin Price. The following Department Heads were present: Director ofITBillKelly, Assistant Director ofITAmy Evans, Anthony Martin (IT),Captain Coughlin ofBFD, Director ofBoard of Public Works (BPW) Pam Frey, Chief Code Enforcement Officer Donald Morgan, Chief ofBPD Dean Bailey, andDirector ofParks & Rec. Leslie Baker. Council member Robert Canter attended andparticipated viaWEB-X. The Mayor called themeeting toorder at6:30p.m.The public hadthe option tojointhe meeting either inperson orbyWEB-Xfrom theircomputer, orbyphone, using theweblink or phone number provided thedayofthemeeting ontheCity’swebpage atBeckley.orgorthe City’sFacebook page. Council dispensed with thereading ofminutes from theCity Council Workshop dated July 24, 2023, copies ofwhich had beendistributed toeachmember. Council unanimously approved theminutes aswritten onamotion byCouncilman Price andseconded byCouncilwoman Hunter. Council dispensed with the reading ofminutes from theCity Council meeting dated July 25, 2023, copies ofwhich hadbeen distributed toeachmember. Council unanimously approved theminutes aswritten onamotion byCouncilman Sopher andseconded by Councilman Price. Next, Mr.Filepresented andsummarized anordinance which regulates mobile food vendors intheCity ofBeckley. This amends theBeckley zoning lawinorder topermit mobile vendors tooperate within theCity limits. Mr.Filesaid thesecond reading andpublic hearing ofthisordinance willbeattheAugust 22, 2023, Council meeting. This ordinance was recommended bythePlanning Commission during itsmeeting earlier today. The Planning Commission unanimously approved theordinance and asked that itbeforwarded toCommon Council withthe recommendation thatitbeadopted. Mr.Fileread bytitlethe “Ordinance Amending City ofBeckley Code Chapter 15, Article I,ByInserting Section 15-37Mobile Food Vendors And ByAdding Mobile Food Vendors AsPermitted Use InThe B-1 Neighborhood-Highway Business District, B-2General Business District, B-3Courthouse Square And MManufacturing District.” The Mayor said thequestion hasbeen asked ifthis ordinance interferes with brick-and-mortar restaurants intheCity. Mr.File said thisordinance hasnobearing onanybrick-and-mortar restaurants intheCity. The Mayor asked Council if there were any questions orcomments regarding theordinance. Councilman Dunlap asked Mr.Fileifheagrees thatpage 3subsection 5excludes activities currently being performed by operators ofSchwan’sfoodtrucks. Mr. Fileresponded thatthisordinance would have no effect onthetype ofbusiness/activities that Schwan’sdrivers arecurrently conducting inthe City. The ordinance was unanimously approved onamotion byCouncilwoman Bullock and seconded byCouncilman Price. Acopyoftheproposed ordinance ishereby incorporated into these minutes. Next, theMayor asked Mr.Fileiftheproposed ordinance increasing thenumber ofdistricts in which long-term care facilities arepermitted intheCity would benefit theproposed VA Hospital long-term care facility. Mr.Filesaid thecurrently proposed VAHospital long-term carefacility would benefit from thiszoning change ifitsplanned location remains thesame. It would also increase thenumber ofdistricts available toanyone elsewanting toestablish a long-term care facility intheCity. Mr.File said there will beasecond reading andpublic hearing regarding thisordinance during theAugust 22nd Council meeting. Mr.Fileread the ordinance bytitle, “Ordinance Amending City OfBeckley Code Chapter 15, Article I,By Inserting Sections 15-14 (a)and15-15 (a)Adding Long-Term Care Facilities ToThe Permitted Uses InB-1Neighborhood-Highway Business District And InB-2 General Business District.” Mr. Filesaid thatthere areother districts intheCity already permitting long-term care facilities, butthese two particular districts didnotinclude itintheir permitted uses. Captain Morgan, Chief Zoning Officer, researched thezoning oflong-term care facilities in other cities. After doing thisresearch hesaid theCity ofBeckley isrecommending long-term care facilities beincluded inpermitted uses intheB-1andB-2Districts. TheMayor asked if there were anyquestions regarding thisordinance. There were noquestions. Council unanimously approved the ordinance onamotion byCouncilman Sopher seconded by Councilwoman Bullock. The proposed ordinance ishereby incorporated intothese minutes. Next onthe Agenda was thecompensation fortheBPD – Approval ofan $8,000.00across the board increase forsworn police officers. The Mayor asked ifthere was anydiscussion onthe Agenda item. There were nocomments. Council unanimously approved thepay increase of 8,000.00fortheBPD sworn officers onamotion byCouncilman Reedy seconded by Councilman Dunlap. OLD BUSINESS: Councilman Sopher commented onhow much King-TutDrive-In Restaurant willbemissed andhewishes Mr.McKay ahappy retirement. NEW BUSINESS: Councilman Dunlap said hespoke tothegentleman thatattends tothe City’sparking meters. Councilman Dunlap said hewas informed that75-80oftheparking meters arenotoperating asthey should. Heasked thatthe issue ofthe parking meters be looked intobytheCity. The Mayor said ifitwas uptohimtheCity would nothave parking meters. However, people thatwork downtown would takeadvantage ofthisandtakeup parking places inprime locations. The Mayor said thattheCity’sbond obligations have been metand paid off. Atone time theCity was required tohave revenue producing parking meters tohelp payoffthebonds thatwere putinplace forthings liketheBeckley Intermodal Gateway (BIG) Project andother parking projects. Recorder-Treasurer Billie Trump said the bond covenants forthe BIG Project (which aretieddirectly toparking revenue) was used to offset thepayments onthebonds. Hesaid when theCity paid thebonds offontheBIG Project similar projects were paid offearly also. Themoney from parking goes tothe general fund andisused formaintenance totheBIG Project forthings such ascameras andelevators there. He said theparking revenue pays tomaintain thethings theCity already has. Councilwoman Hunter asked Mr.Trump about interest being earned onthe $4Mthatisin reserve. Mr. Trump saiditisnotasavings account. He saiditisacarryover and theCity runs adeficit eight months oftheyear anditneeds that revenue tocarry over andtocarry forward. Sheasked ifitisinaninterest-bearing account. Mr.Trump said, no. Mr.Fileadvised Council thatthelawsuit filed bytheRaleigh County Commission against the City ofBeckley and Beckley Sanitary Board in2022 regarding legality ofStormwater feeshas been settled. Because theCity isadefendant, Comon Council isasked toapprove the settlement andauthorize theMayor tosign offonthesettlement. Theterms ofthesettlement include thedismissal ofthelawsuit with prejudice. There willbeajoint press release forthcoming. The Stormwater fees arelegal. Nomoney willexchange hands andeach party isresponsible foritsown attorney’sfees. Council unanimously approved authorizing the Mayor tosign offonthissettlement onamotion byCouncilman Dunlap seconded by Councilman Price. Mr.File said theBeckley Sanitary Board (BSB) willdiscuss and approve thissettlement tomorrow atitsmonthly meeting at9a.m. Councilman Reedy asked ifa Workshop regarding theBoard ofPublic Works (BPW) canbescheduled. The Mayor said a Workshop willbescheduled. Councilman Dunlap asked ifCouncil could receive thelink to jointheDepartment Head meetings. The Mayor saidyes. TheMayor said thatcomparisons have been made between realestate purchases bythe City andwhat theCity canpayits employees. The Mayor saidthepurchase ofHistoric Black Knight isarevenue producer for theCity ofboth B&O &1%sales taxes. TheMayor said theCity wasable tosave another building, theFruits ofLabor location, which isalso1%taxproducing anditalso pays theCity B&Otaxes. Hesaideither thisCouncil oraprevious Council approved both purchases bya majority vote. Councilman Dunlap clarified that what hepreviously said inthepastwas that Council’sconstituents didnotnecessarily understand andthey are conflating those twoissues assomething that would slight theCity’semployees. Councilman Dunlap saidthathepraised thefactthattheCitywas abletosecure itsbonds withrealestate which itcould notdo previously. The Mayor thanked Councilman Dunlap for hiscomments. Councilwoman Hunter asked ifCouncil could attend Department Head meetings. TheMayor saidthe Department Head meetings areonline. PUBLIC COMMENTS: The Mayor announced ifcalling inbyphone dial *3toraiseyour hand. Ifconnected bycomputer: Click the “hand icon” onyour participant’spanel. Mary West voiced herconcerns regarding drivers speeding onLarew Avenue. Shestated her concern regarding thefour way stop atEarhart Street andLarew Avenue. Chief Bailey said he islooking into thismatter. Tom Taylor, anemployee attheBoard ofPublic Works (BPW), said theemployees inthisdepartment needapayincrease. James Watkins, anemployee at Board ofPublic Works (BPW), said theemployees attheBPW need apayincrease. The Mayor agreed they need anincrease andhesaid herecommended toCouncil the BPD receive aninitial increase of $5,500.00, notthe $8,000.00, andthedifference beused asapay increase fortheBPW, butCouncil didnotaccept hisrecommendation. The Mayor saidtheCity will continue towork onthisissue. Frank Williams saidthere isanissue with theMulticultural Center (MC) inBeckley. Mr.Filesaid that hewillbeglad todiscuss thisatthemeeting scheduled fortomorrow at2:30p.m. inCouncil Chambers. Dustin Potter, anemployee atthe BPW, said theemployees attheBPW need apayincrease. Danielle Stewart spoke about pay increases foremployees ofBPW andother City employees. Shealso referred toSection II,2- 10Robert’sRules ofOrder. With there being nofurther comments, Council unanimously approved adjourning themeeting onamotion byCouncilman Sopher andseconded by Councilwoman Hunter. The Mayor adjourned themeeting at7:15p.m. Mayor Recorder-Treasurer