Common Council

AREGULAR MEETING OFTHE COMMON COUNCIL OFTHE CITY OFBECKLEY CONVENED AT 6:30PMONJANUARY 09, 2024, 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, Kevin Price, Robert Dunlap, Tom Sopher, Sherrie Hunter, Bob Canter, andCody Reedy. The following City employees were present: Director ofIT BillKelly, Assistant Director ofITAmy Evans, Anthony Martin (IT),Chief Coughlin ofBFD, Director of Board ofPublic Works (BPW) Pam Frey, Chief Code Enforcement Officer Donald Morgan, Chief ofBPD Dean Bailey, Director ofBeckley Events JillMoorefield, andDirector ofParks & Recreation Leslie Baker. 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. The Mayor announced that theCity experienced acyber breach onor about January 1,2024. The City isworking with two law firms appointed bythe City’s insurance carrier, Traveler’sInsurance. The Mayor thanked theemployees with theCity who have helped during thistime andcontinue towork hard onresolving theissue. Council dispensed with thereading ofminutes from the City Council meeting dated December 12, 2023, copies ofwhich hadbeen distributed toeach member. Council unanimously approved theminutes aswritten onamotion byCouncilman Price and seconded byCouncilman Dunlap. . Next, City Attorney Mr.Filepresented aresolution andsaid theJustice and Community Services Grant (JAG) isfor $19,750.00andwillbeused toemploy aPrevention Resource Officer (PRO) atWoodrow Wilson High School. Mr.File read theresolution which was unanimously approved byCouncil onamotion made byCouncilman Sopher andseconded by Councilwoman atLarge Hunter. The resolution ishereby incorporated into these minutes. Next, Recorder-Treasurer Billie Trump saidtheCity isrequired toupdate its2024 Comprehensive Plan Update every tenyears. The City accepted bids from various companies. Three bidswere received. Acommittee was formed toevaluate the three finalists. After doing so, thecommittee recommended theCity retain theservices ofWGI, Inc. toperform its Comprehensive Plan Update. ThePlanning Commission reviewed therecommendation to hireWGI, Inc. IfCouncil approves hiring WGI, Inc. then theCity canbegin negotiations with WGI. Mr.Fileread theresolution bytitle, “Resolution Accepting Beckley Planning Commission’ sRecommendation That WGI, Inc. BeApproved AsThe Professional Consulting Firm ToConduct Beckley’sComprehensive Plan Update.” Councilman Sopher asked ifthere would bepublic input onthis. Mr.Trump said yes. The resolution was unanimously approved byCouncil onamotion made byCouncilman Dunlap andseconded by Councilwoman Bullock. The resolution andthebidfrom WGI, Inc. arehereby incorporated into these minutes. Next, Mr.Fileexplained aresolution regarding theopioid litigation settlement funds. Hesaid ifCouncil approves theresolution tonight theCity willcreate afundtodeposit any andall funds itreceives inthesettlement ofthe opioid cases. This fund willearn interest. Mr.File read bytitle, “AResolution Pertaining To Revenues From Opioid Litigation Settlement Funds, Creating The City OfBeckley’sOpioid Settlement Fund, And ForOther Purposes Related Thereto.” Councilwoman Bullock asked how much theCity expects toreceive. Mr.Trump said the City expects toreceive between $2.2Mand $2.3M. The resolution was unanimously approved onamotion byCouncilman Price and seconded byCouncilman Sopher. The resolution ishereby incorporated intothese minutes. Next, Mr.Fileexplained anordinance authorizing theMayor tosign adeed conveying property located at3082 Robert C.Byrd Drive to3082 R.C.B.,LLC. The property was soldto thehighest bidder inthe amount of $27,500.00. Itwas sold onDecember 14, 2023, atapublic auction. This auction was advertised twice inthenewspaper. There were twobidders. The bidstarted attenthousand dollars. Mr.Fileread theordinance bytitle, “Ordinance Authorizing The Sale Of3082 Robert C.Byrd Drive, Beckley, WV, AsShown OnBeckley Tax District Map 11, Parcel 189, ToThe Highest Bidder.” Tonight isthe first reading ofthis ordinance. Ifapproved tonight, thesecond reading and public hearing will beonJanuary 23, 2024. Councilman Dunlap asked ifthisistheproperty with twenty-seven parking spaces and thebuilding formerly known asthe ERA building next toDonut Connection. The Mayor said yes, thebuilding was most recently theOldColony Real Estate office. Theordinance was unanimously approved onamotion byCouncilman Sopher andseconded byCouncilman Price. The ordinance ishereby incorporated intothese minutes. Mr.Filepresented anordinance authorizing theCity topurchase three parcels ofrealestate giving theCity access tothe northern section ofthe Lewis McManus Rails toTrails. He explained thatwhen thenew intersection atRural Acres Drive was built andtheCity lost access tothetrail. Mr.Trump negotiated thepurchase ofthree parcels ofrealestate giving the City access tothetrail. Mr.Fileread the ordinance bytitle, “AnOrdinance authorizing the City To Purchase Property Adjacent ToThe Lewis McManus Rails ToTrails ToProvide The City Access ToThe Northern Part OfThe Trail.” Mr.File said the total price forallthree parcels is $20,500.00. This property was owned byLarry J.andMary V.Hurt. Mr. File opened thepublic hearing. There were nopublic comments. Mr.File closed thepublic hearing. The ordinance was unanimously approved byCouncil onamotion made by Councilman Dunlap andseconded byCouncilman Price. The ordinance ishereby incorporated into these minutes. Next, Mr.Filepresented anordinance forsecond reading thatchanges thezoning of13.063 acres located along Withrow Loop from “M” manufacturing district to “B-1” neighborhood- highway business district. Mr.Filesaid thefirst reading ofthisordinance took place December 12, 2023. This rezoning willallow forlong-term care facilities inthisparticular zone. Mr.Fileread theordinance bytitle, “AnOrdinance Amending The City OfBeckley Zoning Ordinance Of1971 And TheComprehensive Plan OfTheCity OfBeckley And The Zone Map OfThe City OfBeckley, AsFrom Time ToTime HasBeen Amended, ToProvide ForThe Re-zoning Of13.603Acres Located Along Withrow Loop InThe City OfBeckley, AsShown OnTax Map 49, Parcel 12, Beckley Corporation, Within The City OfBeckley, Raleigh County, WV, From “M" Manufacturing District, To “B-1” Neighborhood-Highway Business District.” Mr.Fileopened the public hearing. Danielle Stewart said generally sheis infavor ofit. Sheasked ifthis would haveany effect onthePinehaven Homeless Shelter. Mr.File said itshould nothave anyeffect onPinehaven Homeless Shelter. Mr.Smith asked if thiswould bebehind theJackie Withrow Hospital andhow many beds areavailable forusein theJackie Withrow Hospital. Hesuggested utilizing theJackie Withrow Hospital tofull capacity before considering building another facility. Captain Donnie Morgan, Chief Code Enforcement Officer, said alltraffic entering orleaving thisnew facility willdosofrom Ned Payne Drive. There were nofurther comments. Mr.File closed thepublic hearing. The Mayor said that thisisnotaproject theCity norJackie Withrow Hospital isundertaking. Itisaproject thattheVeterans Administration is responsible for. The ordinance was unanimously approved byCouncil onamotion made by Councilman Dunlap andseconded byCouncilman Reedy. The ordinance ishereby incorporated into these minutes. Next, Mr.Filepresented anordinance for 2nd reading thatchanges theform ofgovernment in Beckley from strong Mayor toCity Manager. Tonight, thesecond reading andpublic hearing willtake place forthis ordinance. Mr.File explained thatifthisordinance ispassed itwould authorize thecreation oftheCity Manager Form ofGovernment. Mr.Filestated thispossible change hasbeen thoroughly explained bythemedia. Mr.File readthe ordinance bytitle, “An Ordinance Establishing ACity Manager-Mayor Plan OfMunicipal Government And Amending The Code OfTheCity OfBeckley, AsAmended, ByAdding Thereto ANew Article, Designated “ Article IX. Manager-Mayor Plan” InChapter Two, Part Two, TheCity Code, ByAmending “ Section 2.2.Compensation OfOfficers And Employees; Allowing Time Off” InArticle I,Chapter Two, PartTwo OfThe Code; AllRelating ToProviding ForThe Qualifications, Duties, And Responsibilities OfThe City Manager, Allowing ForThe Appointment And Removal OfACity Manager, Providing Transition Rules From Strong- Mayor Plan ToAManager-Mayor PlanofMunicipal Government, Requiring TheCity Manager And Mayor ToBeBonded, Setting Compensation OfThe Office OfMayor And Members OfCouncil Under AManager-Mayor Form OfMunicipal Government, And Other Matters Related Thereto.” Mr.Fileopened thepublic hearing. Danielle Stewart saidshe thinks theitem should betabled andplaced onthe ballot toallow theresidents ofBeckley to decide ifthey want aCity Manager Form ofGovernment. Mr.Smith suggested leaving itasit is. Councilman Sopher said heisinfavor ofthisordinance and most ofthepeople he discussed thiswith arealso infavor ofit. Councilman Dunlap explained why hethinks itis time fortheCity toadopt thisordinance andspoke infavor ofit. Christina Baisden said that sheisnotinfavor ofthisordinance andrequested anamendment bemade sothatthisCouncil does nothave theopportunity tovoteonthisordinance. Councilman atLarge Reedy saidheis notinfavor ofthisordinance and most ofthepeople withwhom hespoke toregarding itare also against it. Hethinks thepeople should beallowed tovote onthis. Councilwoman Bullock said sheagrees with Councilman atLarge Reedy. Councilwoman atLarge Hunter said thatshe isnotinfavor oftheordinance andthinks thepublic willnothave input by adopting theordinance. Shewants the public todecide attheballot box. TheMayor asked for amotion toapprove theordinance aspresented. Councilman Sopher made themotion which wasseconded byCouncilman Dunlap. The Mayor asked forashow ofhands from Council members infavor oftheordinance. Councilman Price, Councilman Dunlap, Councilman Canter, andCouncilman Sopher raised their hand. The Mayor said with four votes infavor of theordinance theordinance passed. The Mayor asked anymember opposing theordinance to raisetheir hand. Councilwoman Bullock, Councilwoman atLarge Hunter, andCouncilman at Large Reedy raised their hand. The Mayor said theordinance passed withfour votes infavor, andthree opposed. The ordinance establishing aCity Manager form ofgovernment ishereby incorporated into these minutes. The next item ontheagenda isfor theFirst Reading ofAn Ordinance Authorizing Charter Amendment Establishing City Manager-Mayor Plan ofMunicipal Government tobeplaced on May 14, 2024, Municipal Election Ballot. TheMayor said thefact theCity Manager Form of Government Ordinance justpassed that thisisamoot point. Mr.Filesaidheagreed. Jennifer Hensley spoke out several times andwas declared outoforder bytheMayor and was escorted outofthemeeting byapolice officer atthe Mayor’srequest. ForCouncil’sedification, Chief Code Enforcement Officer Morgan read theWVABCA Zoning Form completed December 13, 2023, byBlack Circle Enterprises located at1318 Harper Road Beckley, WV. OLD BUSINESS: The Mayor congratulated Cam Johnson, sonofJeremiah Johnson, General Manager ofthe Beckley Sanitary Board. Cam raised over $5,600.00tohelp children attending Mabscott Elementary receive Christmas gifts. Councilwoman atLarge Hunter asked ifitis possible toamend thevote thatjusttook place regarding theCity Manager Form of Government andputitontheballot. Mr.Filesaid once thevote istaken ithasbeen decided andistoo latetomove toamend theordinance. NEW BUSINESS: Councilwoman Bullock congratulated Councilman Dunlap forhisnew restaurant, Upland Soul Food located inuptown Beckley. She acknowledged thePresident of hersorority, Tina Pannell, andsaid happy founders day. Councilman atLarge Hunter congratulated Councilman atLarge Reedy forcoaching abasketball team atGreater Beckley Middle School. This team won theNew River Community Technical College tournament. Councilman Sopher said anaccident happened onHoliday Drive andTeel Road. Aneighteen- wheel truck hitawater hydrant. Chief Bailey said thearea Councilman Sopher referred tois monitored andoncealarge truck takes thatroute there isnoareaforittoturn around. Councilman Sopher asked ifthedriver should beticketed. Chief Bailey said yes. Councilman Sopher asked ifbetter signage could beputthere alerting drivers inadvance. Councilwoman atLarge Hunter thanked theCity andtheCounty fortheir contributions inhelping the American Legion Cemetery andthanked theEpling family fortheirhelp inallowing food distributions totakeplace attheir stadium. Councilwoman Bullock thanked Officer Cuevas forresponding toanincident across fromStratton Elementary attheUrban Community Gardens. Shethanked theBoard ofPublic Works fortheir help intheclean upatthisincident. Councilman Dunlap said thewarming station isopen when the temperatures drop, anditisin need ofvolunteers. Councilwoman atLarge Hunter thanked Trena Dacal withtheUnited Way andPastor Betsy Evans fortheir help with thewarming station. PUBLIC COMMENTS: Mary West said shewants toseethecomprehensive plan fortheCity andvoiced herconcerns regarding speeding drivers onLarew Avenue. Shewants more involvement onLarew Avenue from animal control officers andisconcerned about the expansion ofWard 5. Danielle Stewart thanked Kelly Gunnoe with theRaleigh County Support Center foragrant she recently secured tohelp feed those inneed. Shewould liketo seetheoption given tothepeople ontheballot forCity Manger Form ofGovernment nowthat four Council members voted infavor ofit. Sheishoping there isalotofpublic input regarding how theopioid funds will bespent. Lewis Morris saidthere isonemosque in Beckley. Heasked theCity tohelp start anew one. Councilwoman Bullock asked ifthey have aheadquarters. He said no. The Mayor explained thattheCity cannot getinvolved in religion and theConstitution requires separation ofChurch andState. Councilman Dunlap said now thatMr. Morris hasraised awareness atthismeeting perhaps others may beable tohelp. Heexplained that asagovernmental entity, theCity would notbe permitted tohelp. Rose Hicks showed Council members pictures ofpotholes that need repair onQueen Ann Drive which isinfront ofBridgeport Arms located near Walmart. This isnot City owned property. Itbelongs tothedeveloper. The Mayor said theCity willassess the potholes andsee ifitcan offer any emergency helpthis time. Mr.Smith voiced hisopinion disagreeing with theissue ofChurch andState being separate. The Mayor asked ifthere areanycomments online. The Mayor announced ifcalling inby phone dial *3toraise your hand. Ifconnected bycomputer: Click the “hand icon” onyour participant’spanel. There were nocomments. Amotion toadjourn was made byCouncilman Price andseconded byCouncilman Reedy. The Mayor adjourned themeeting at7:30p.m. Mayor Recorder-Treasurer