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Minutes of City Council

December 19, 2017

Regular Session

The Council of the City of Lewisburg met in regular session on Tuesday, December 19, 2017 at 7:30 p.m. in the Paul R. Cooley Council Chambers at 942 Washington St. West, Lewisburg, WV.

PRESENT: Mayor John Manchester; Recorder Shannon Patrick-Beatty; Council members, Heather Blake, Mark Etten, Joseph Lutz, Kim Morgan-Dean, Beverly White; Director of Public Works Roger Pence, Police Chief Tim Stover, Treasurer Susan Honaker, Fire Chief Joseph Thomas, Deputy Police Chief Chris Teubert and Zoning Officer Charles Smith.

VISITORS: Reporters Peggy Mackenzie with the Mountain Messenger; Robert Bordelon with the West Virginia Daily News and Tina Alvey with the Beckley Register Herald; Donna and Ed Johns; Doug Hylton, Bill Rothman, Suzanne Hancock, Susan Nutter, Donna Ream, Patrick Guills, Jesse Guills, Jr., Haven Allen, Becki Allen, Rhylan Guills, Connie Manchester, Richard Holliday.

CALL TO ORDER

Mayor Manchester called the meeting to order at 7:30 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Recorder Patrick-Beatty gave the invocation and Council member White led the pledge of allegiance.

VISITOR’S REPORT:

No reports were given.

APPROVAL OF MINUTES:

November 28, 2017

Councilmember Etten made a motion to approve the November 28, 2017 regular session minutes. Councilmember Lutz seconded the motion. With all in favor the motion carried.

COMMUNICATION FROM THE MAYOR:

Special Recognition for Jesse Guills, City Attorney

Mayor Manchester and City Council presented former City Attorney Jesse Guills, Jr. with an award and his nameplate for his 43 years of service to the City of Lewisburg. Mayor Manchester noted that Guills had been the City Attorney since 1974 and had guided the city government and many mayors and council members through decades of service. Manchester stated that part of what has kept Lewisburg strong had been the continuity and sense of history that Guills brought to the job as City Attorney.

RoCon LLC cell tower ground lease agreement

City Attorney Tom White stated he had reviewed and suggested changes to the proposed lease offered By RoCon, LLC to build a cell tower near the Ruffner Street water tank. White indicated he had spoken with officials from RoCon about his concerns and hopes the City and RoCon can come to an understanding and finalize a contract. Councilmember Etten queried Director of Public Works Pence asking if he felt the water system would be adversely affected by the installation of a cell tower on the Ruffner tank. Pence stated he had consulted the City engineering firm and the engineers did not feel the cell tower would present any problems for the water department and would not interfere with the radio read meters.

After a lengthy discussion about the proposed contract and questions adjacent property owner Ed Johns, it was decided to put the matter on the January 2018 City Council agenda and to meet with the adjacent property owners.

Councilmember Etten made a motion to authorize City Administrator Manchester and City Attorney White to continue negotiations with the proposed contract with RoCon, LLC for the installation of a cell tower at the Ruffner Water Tank. Councilmember Morgan-Dean seconded the motion. With all in favor the motion carried.

COMMUNICATIONS FROM COUNCIL COMMITTEES:

Finance Committee Report

Councilmember Mark Etten reported on the following events of the December 12, 2017 Finance Committee meeting:

• The Finance Committee recommended approval of an Arts & Humanities grant of $2,900 to advertise the annual Home and Garden Tour as requested by the Lewisburg House and Garden Club. The Finance Committee stipulated the club would need to partner with a 503c group to act as a pass through entity for the funds which grant guidelines indicate must be a 503c entity. Suzanne Hancock stated the club had partnered with the Greenbrier Historical Society.

Councilmember Etten made a motion to approve the funding request of $2,900 from the Lewisburg House and Garden Club for an Arts and Humanities grant to advertise the annual Home and Garden Tour. Councilmember White seconded the motion. With all in favor the motion carried.

COMMUNICATIONS FROM THE MAYOR CONTINUED:

Grant Update

Doug Hylton, grant administrator for the city of Lewisburg, distributed an update listing the status of all grants applied for by the City. He noted that efforts to improve pedestrian access via sidewalks have been held up at the State level He stated there are six projects in progress, composed of sidewalks and recreational trails funded through 10 awarded grants totaling over $1.5 million. He stated funding for the projects had already begun, with city engineers working on specifications for each project. He indicated that some of the projects were nearly ready to go to bid for construction while others are in the early stages of the grant process and have not signed a contract with the City.

Appointments to the Board of Zoning Appeals

Mayor Manchester offered the names of Darrwll Hughes and Tom Isaacs for reappointment to the Board of Zoning Appeals for a 3 year term expiring on December 30, 2020.

Councilmember White made a motion to appoint Darrwll Hughes and Tom Isaacs for reappointment to the Board of Zoning Appeals for a 3 year term expiring on December 30, 2020. Councilmember Lutz seconded the motion. With all in favor the motion carried.

ORDINANCES:

Ordinance 274, James R. Holliday, 252 Montvue Drive, rezone from C2 to C1, first reading

Recorder Beatty read the title of the following ordinance for first reading:

“AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF LEWISBURG, WEST VIRGINIA, TO CHANGE THE ZONING OF THE  C2 (GENERAL COMMERCIAL) PARCEL OF LAND DESIGNATED AS LOT 66 THROUGH LOT 71, (GREENBRIER COUNTY MAP BOOK 2, PAGE 61 SPECIFICALLY LOCATED ON MONTVUE DRIVE), MAKING THE LOT C1(NEIGHBORHOOD COMMERICIAL) (MAP ATTACHED).”

Zoning Officer Smith stated the property owner asked for the rezoning to allow residential occupancy at the business location so he can live on the property to be close to his funeral home.

Councilmember Etten made a motion to approve Ordinance 274 on first reading. Councilmember Morgan-Dean seconded the motion. With all in favor the motion carried.

COMMUNICATIONS FROM CITY COUNCIL MEMBERS:

City Council resignation

Councilmember Morgan-Dean announced her upcoming resignation from City Council. She stated she had accepted a job in Abingdon, VA and will be leaving Lewisburg in January. She stated it had been a very hard decision for her to make and she thanked the Mayor, City Council and employees who made her feel welcome and taught her the “ropes.”

Mayor Manchester stated that Kim’s personality had been a nice compliment to City Council. and that it had been a pleasure to work with her. He announced that City Council would be on the lookout for people who have interest in filling the first 18 month of her unexpired four year term until the next city election.

COMMUNICATIONS FROM BOARD AND COMMISSIONS:

Planning Commission report

Zoning Officer Chuck Smith reported on the following events of the December 7, 2017 Planning Commission meeting:

• Smith reported the only item on the agenda was the rezoning request from Richard Holiday which was addressed earlier in the meeting.

Parks Commission Report

Parks Chairperson Councilmember White reported on the following events of the December 5, 2017 meeting:

• The meeting was taken up with a discussion about the upcoming softball season.

• No meeting will be held in January.

COMMUNICATIONS FROM THE POLICE DEPARTMENT:

• Chief Stover reported the Department had held an “Active Shooter” training at Lewisburg Elementary in conjunction with the FBI on December 5.

• The Department received an overall award and Officers Hughes and Williams had received Traffic Enforcement Ace Award at a recent annual award ceremony.

• Stover announced he was proud to announce that his son had recently graduated from the academy and is now part of the Raleigh County Sheriff Department.

COMMUNICATIONS FROM THE FIRE DEPARTMENT:

Chief Thomas presented the Monthly Fire Department activity report.

He noted the Fire Department had recently learned of a possible scam. Reports of a subject calling requesting donations for the fire department. Phone numbers are coming up as local numbers and some numbers are showing up as “Fire Chief” on the caller ID. The Lewisburg Fire Department wants the community to know they are not soliciting donations and are not making these phone calls.

COMMUNICATIONS FROM COUNCIL COMMITTEES:

Finance Committee Report Continued

Finance Committee Chairperson Councilmember Etten reported on the following events of the December 12, 2017 Finance Committee meeting:

• The Finance Committee recommended approval of a grant request for the Video Lottery Revenue Program in the amount of $5,000 for Eastern Greenbrier Middle School to purchase new band uniforms.

Councilmember Etten made a motion to approve a Video Lottery Revenue Program request in the amount of $5,000 for Eastern Greenbrier Middle School to purchase new band uniforms. Councilmember Blake seconded the motion. With all in favor the motion carried.

• The Finance Committee recommended approval of Task Order #26 for City Hall settlement monitoring to Chapman Technical Group in the amount of $15,000.

Councilmember Etten made a motion to approve Task Order #26 in the amount of $15,000. Councilmember Morgan-Dean seconded the motion. With all in favor the motion carried.

• The Finance Committee recommended approval of Task Order #21 amendment for City Hall foundation repairs in the amount of $10,000.

Councilmember Etten made a motion to approve Task Order #21 in the amount of $10,000. Councilmember Lutz seconded the motion. With all in favor the motion carried.

• The Finance Committee discussed drafting a letter to REMBCO concerning issues that came up with the work that was completed on the City Hall Foundation repairs and to possibly demand a repayment. Mayor Manchester is trying to schedule a meeting to discuss the issues with REMBCO before a letter and final payment is made.

• The Finance Committee recommended approval of the Financial Statements for the period ending 9-30-17 as presented.

Councilmember Etten made a motion to approve the Financial Statements for the period ending 9-30-17. Councilmember White seconded the motion. With all in favor the motion carried.

Public Works Committee Report

Director of Public Works Pence reported on the following events of the December 12, 2017 Public Works Committee meeting:

• The RoCon proposed cell tower lease was discussed.

• An unaccounted for water report was given.

• An update was given on Public Works projects.

• The early warning monitoring system was installed.

Public Safety Committee Report

Councilmember Lutz reported that no meeting was held.

ADJOURNMENT: Councilmember Lutz made a motion to adjourn the meeting at 9:00 p.m. Councilmember White seconded the motion. With all in favor the motion carried.

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