Regular Meeting – City Council – Feb. 12, 2018

REGULAR MEETING – CITY COUNCIL PRINCETON, MERCER COUNTY, WEST VIRGINIA

February 12, 2018

A Regular Meeting of the Common Council of the City of Princeton, Mercer County, West Virginia was held in the Council Chambers of the Municipal Building on Monday, February 12, 2018, at 6:30 p.m. In attendance were Mayor David Graham; Vice Mayor Tim Ealy; Council Members Marshall Lytton, Dewey Russell and James Hill; City Attorney Paul Cassell, Assistant City Manager Mike Webb and City Manager-Acting City Clerk Kenneth Clay. Absent were Council Members Jacqueline Rucker and James Harvey; and City Clerk Deanna Burdette. A quorum was constituted thereby.

 

I.     INVOCATION AND PLEDGE OF ALLEGIANCE

Marshall Lytton invoked divine guidance for the conduct of the meeting. James Hill led in the Pledge of Allegiance to the Flag of the United States of America.

 

II.     CALL TO ORDER

Mayor David Graham called the City Council meeting to order.

 

III.     PRESENTATIONS

  1. Resolution: Purple Heart City – Mayor David Graham read the following resolution into the record:

WHEREAS, the people of the City of Princeton have great admiration and the utmost gratitude for all men and women who have served or are serving their country and this community in the Armed Forces; and

 

WHEREAS, Veterans have paid the high price of freedom by leaving their families and communities to place themselves in harm’s way for the good of all; and

 

WHEREAS, the contributions and sacrifices of the men and women from the City of Princeton who served in the Armed Forces have been instrumental in preserving our rights and freedoms and way of life; and

 

WHEREAS, many men and women in uniform have given their lives while serving in the U. S. Armed Forces; and

 

WHEREAS, many citizens of our community have earned the Purple Heart Medal as a result of being wounded while engaged in combat with an enemy force and, as such, constitutes a singularly meritorious act of service to our country; and

 

WHEREAS, the City of Princeton desires to recognize and memorialize our Veterans who are recipients of the Purple Heart Medal.

 

NOW, THEREFORE, BE IT HEREBY RESOLVED:

 

 

The Common Council of the City of Princeton orders that, henceforth and forevermore, the City of Princeton shall be known as a “Purple Heart City.”

 

In witness whereof, I hereunto set my hand and caused the great seal of the City of Princeton to be affixed this 12th day of February, 2018.

 

David E. Graham, Mayor

 

MOTION: Marshall Lytton moved City Council adopt the foregoing resolution naming the City of Princeton a “Purple Heart City.”

 

Dewey Russell duly seconded the motion. The motion carried unanimously.

  1. Oaths of Office – Acting City Clerk Kenneth Clay administered the Oaths of Office to the following recently promoted Fire Department Officers:

 

  1. Fire Captain Dwayne Harvey
  2. Fire Captain Matthew Mould
  3. Fire Lieutenant Mark Thomason
  4. Fire Lieutenant Charlie Croy

 

IV.     PUBLIC INPUT

  1. Lori McKinney, Branding PresentationAs Lori McKinney played a visual program displaying various sites on downtown Mercer Street, she began her oral presentation by commenting that after the Branding conferences a new identity has been given to Mercer Street which provides a new way to talk about the downtown Princeton area. There is a new excitement about the ongoing transformation taking place in the “Grassroots District.”

Ms. McKinney continued by explaining how those involved in the Princeton Renaissance Project and Blueprint Communities are exploring various funding sources for the District; that new businesses are popping up with others making inquiry every week; and a completely new energy is present due to the a new day that has emerged on Mercer Street.

 

  1. Community Improvement Commission Report – As Chairperson of the City’s Community Improvement Commission, Lori McKinney reported the CIC is looking for ways to assist the other areas of the City this summer such as Stafford Drive, Brick Street and Rogers Street. However, she explained that in the meantime CIC member Brandon Hicks is drafting a letter to the businesses soliciting input to enable the CIC to assess specific needs for those areas of the City.

 

 

Ms. McKinney advised that some of the projects the Community Improvement Commission is working on include the following:

 

  1. Informational Kiosks are being designed for the Copeland Town Square and the Princeton Shopping Center;
  2. CIC Members Marqueta Mathena and Becky Kidwell are planning to plant flowers downtown this spring with a Planting Day scheduled for May 5, 2018; and
  3. Plans for additional trash cans downtown with doggy disposal bags attached for all the dog walkers.

 

Councilman James Hill remarked that some of the business people are not aware of the Façade Grant Program through the CIC and recommended a method be devised to inform the public.

  1. Recommendation for Appointment – Lori McKinney further reported that the Community Improvement Commission had approved and recommended to City Council the appointment of John Eller, 321 Turtle Creek Land, Bluefield, WV (in Glenwood) to fill and vacancy created by the resignation of Chris Clark.

 

MOTION: Tim Ealy moved City Council appoint Mr. John Eller as a member of the Princeton Community Improvement Commission.

 

James Hill duly seconded the motion. The motion carried unanimously.

V.     CONSENT AGENDA

Without correction, Mayor David Graham declared the Consent Agenda approved and committed the same to the record, as follow:

  1. Minutes of the November 13, 2017, Regular, Recessed Council Meeting;
  2. Minutes of the November 20, 2017, Recessed Council Meeting; and
  3. Minutes of the January 8, 2018, Regular City Council

 

VI.     POLICY AGENDA

  1. COMMITTEE REPORTS

1.      PUBLIC WORKS AND RECREATION COMMITTEE

In the absence of Chairperson Jacqueline Rucker, Committee Member Dewey Russell reported that the Public Works and Recreation Committee of Princeton City Council met on February 7, 2018, with the following to report out to Council for action or as information and called upon Public Works Director Bo Barker for his report:

 

 

PUBLIC WORKS DEPARTMENT

Monthly Report for January – Director Bo Barker reported that Public Works’ crews responded to twelve calls for assistance from City residents during January. Also, crews began preliminary work at the former Dean Company property by dismantling a structure at the front of the main building in preparation for moving the same to the rear corner of the property for the eventual storage of garbage trucks.

Mr. Barker also expressed congratulations to the four Princeton firemen who had been promoted recently and had taken their oaths of office this evening.

 

PARKS AND RECREATION DEPARTMENT

Mr. Russell presented the Parks and Recreation Report on behalf of Director Amanda McCabe, as follows:

Program Report – Boy’s Little League Basketball will be finishing up regular season play on Saturday, February 10th and then enter into a double elimination, post season tournament.

 

All basketball teams and cheerleading squads currently have two representatives each competing for the crowns of Snowflake King and Queen. They are collecting “penny votes” which will be donated to the Recreation Department. The winners will be crowned at the Snowflake Dance on Friday, February 16th. This fundraiser typically generates approximately $1,000 to $1,500 for the Department.

 

In addition, the cheerleading squads are preparing to compete in the department’s annual cheerleading competition that will be held in March.

 

Spring Basketball – The Recreation Department is registering for its four spring basketball leagues, Girl’s JV and Varsity Leagues, and Boy’s Middle School and High School Leagues. The deadline to sign up is February 16th.

 

Disc Golf – Two of the new tee box signs in City Park were vandalized and must be replaced. Also, the computer data for a large Disc Golf Course map has been received and the map is on order and will be placed in the new kiosk near Hole #1.

 

RAILROAD MUSEUM

Assistant City Manager Mike Webb presented the Railroad Museum report on behalf of Director Pat Smith, as follows:

Model Train Display – Dan Hosier continues working on the Model Train Display which is into Phase II of construction and will proceed directly into final Phase III this year with a target date for completion being November 2018. Mr. Webb invited everyone to drop in at the Railroad Museum to view the model railroad.

 

 

Nuisance Tree Request – Mr. Russell reported that, based upon the request of a City resident regarding issues related to a nuisance tree near his property, the Public Works and Recreation Committee approved and recommended to City Council, and Mr.

Russell so moved, authorization for the City Manager to write the WV Division of Highways and Appalachian Power Company requesting the removal of said tree at 717

  1. Wickham Avenue.

 

Tim Ealy duly seconded the motion. The motion carried unanimously.

2.    PUBLIC SAFETY COMMITTEE

Chairman Tim Ealy reported that the Public Safety Committee of Princeton City Council met on Wednesday, February 7, 2018, with the following report to present to City Council and called upon Code Enforcement Director Bill Buzzo to make his report, as follows:

 

CODE ENFORCEMENT DEPARTMENT

Monthly Report for January – Director Bill Buzzo presented the following report for the Code Enforcement Department:

 

Initial Complaints Received 100
Closed Complaints 103
Cases Active 35
Cumulative Complaints to Date 33,642

 

Demolition/Renovation Programs Status:

Condemnations/Unsafe in Process 6
Renovations in Process 4
Demolitions in Process 2
Demolitions in January 5
Total Demolitions to Date 626

 

Animal Control

Complaints this Month                               47

Impounded (5 dogs; 10 cats)                      15

Building Inspections

Total Building Permits 31
Total Inspections 40
Total Project Costs $208,493.90
Total Permit Fees $1,828.00

 

 

Zoning Official

Certificates of Occupancy Applications – 4

  1. CMS, 370 Rogers Street
  2. Aker’s Financial Services, 1300 South Avenue
  3. Spring Valley Plaza, 1202 Stafford Drive
  4. Pooreboys Small Engine Repair, 680 Beckley Road

 

Zoning Board of Appeals Applications

  1. John Hickman, install 7’x20’ wall sign at 199 12th Street Extension
  2. Arnold Palmer, operate a community center at 500 High Street
  3. Matthew Barnett, operate a brewery at 833 Mercer Street

 

FIRE DEPARTMENT

Monthly Activity Report for January – Fire Chief Chad Bailey informed he just had the statistical activity report to add to the monthly report reflecting that the Fire Department responded to 71 EMS calls and 37 fire calls, and issued 69 Fire Lane citations during the month of January.

 

POLICE DEPARTMENT

Monthly Activity Report for January – Deputy Police Chief T. A. Gray reported that during the month of January, officers responded to 487 calls for assistance, made 78 arrests and issued 337 citations, which reflects an increase of 150 over the previous month.

Police Substation – The Deputy Chief reported that he and Assistant City Manager Mike Webb would be meeting at the site of the new Police Substation on Mercer Street the following day to begin preparations for its eventual opening in March.

 

Police Detectives Commended – Deputy Chief Gray commended detectives Keith Compton and Chad Butler on their outstanding work investigating and solving the Christmas Day homicide that occurred on Mercer Street.

 

3.    FINANCE AND ADMINISTRATION COMMITTEE

Chairman Marshall Lytton reported that the Finance and Administration Committee of Princeton City Council met on Wednesday, February 7, 2018, with the following report to present to City Council and called on Finance Director Brian Blankenship to present the Financial Report for January:

 

FINANCE DEPARTMENT

January, 2018 Financial Report – Finance Director Brian Blankenship reported that as of the end of January, the seventh month of FY 2018, the actual revenues collected stood at 66% of the budgeted amount, while actual appropriations were expended at a rate of 60%, as compared to budget projections of 58.31% forecast for the end of January, 2018.

 

 

Total funds available for City operations at the end of January were $2,755,470.

 

Chairman Lytton continued by reporting that the Finance and Administration Committee approved and recommended the January, 2018, Financial Report to City Council, and he so moved.

James Hill duly seconded the motion. The motion carried unanimously.

Budget Revision #8 to the FY 2018 General Fund – The Finance Director presented for City Council’s consideration Budget Revision #8 to the FY 2018 General Fund to appropriate $276,000 of additional money from anticipated and unanticipated revenues.

Further, this revision brings the overall FY 2018 General Fund Revenue budget to

$8,189,827.

Expenditure adjustments include the following:

 

  • Appropriate $126,300 across various departments to keep line items in check for anticipated expenses; and
  • Appropriate $149,700 into contingency for a backup reserve if

The changes in appropriations create a net increase of $276,000; thereby increasing estimated expenditures to $8,189,827 and creating a balanced budget.

 

Mr. Lytton continued by reporting that the Finance and Administration Committee approved and recommended to City Council Budget Revision #8 for the FY 2018 General Fund, and he so moved.

 

Tim Ealy duly seconded the motion. The motion carried unanimously.

Approval of Sales Tax Funds – Based on the recommendation of the Finance Director the Finance and Administration Committee approved and recommended to City Council, and Mr. Lytton so moved, authorization for the Finance Director to deposit directly into the General Fund revenue stream the most recent Sales Tax allotment, as well s the next successive allotment, and dedicate the same to bringing the General Fund account balances up to a comfortable, working level.

 

Tim Ealy duly seconded the motion.

 

Council Member James Hill remarked that he preferred keeping the option open for

 

 

reserving the Sales Tax proceeds for the financing of bonds.

 

On voting, Tim Ealy, Marshall Lytton, Dewey Russell and Mayor David Graham voted in favor of the motion. James Hill voted against the motion. Therefore, the motion carried on a vote of four in favor and one opposed.

 

Merger of the Princeton-Mercer County and Greater Bluefield Chambers of Commerce – Mr. Lytton reported that the Finance and Administration Committee approved and recommended to City Council, and Mr. Lytton so moved, that the City of Princeton, as a member of the Princeton-Mercer County Chamber of Commerce, submit a “NO” vote on the proposed merger with the Greater Bluefield Chamber of Commerce.

Dewey Russell duly seconded the motion. The motion carried unanimously.

  1. ​& O. Tax Incentive Applications – On the recommendation of the City Clerk, the Finance and Administration Committee approved and recommended to City Council, and Mr. Lytton so moved, that the following businesses be approved to receive the one-year, 100% B. & O. Tax Incentive for new businesses in the City of Princeton:

 

  1. Michael Bauguess, Independent Contractor – Royal Fades Barbershop;
  2. Matt Gaither, Insurance & Investments – 200 Walker Street; and
  3. Kevin Rhodes, Insurance & Investments – 200 Walker Street.

 

Dewey Russell duly seconded the motion. The motion carried unanimously.

Resolution Declaring a Public Nuisance from the Unlawful Distribution of Prescription Controlled Substances – Mr. Lytton reported that, based upon the information and recommendation of Attorney Charles R. Webb of the Webb Law Centre, LLC, the Finance and Administration Committee approved and recommended to City Council, and Mr. Lytton so moved, adoption of the following resolution and authorization for the City Manager to sign the resolution on behalf of the City Council:

Vice Mayor Ealy duly seconded the motion.

 

Council Member James Hill requested that the resolution be read into the record.

 

RESOLUTION DECLARING THAT THE UNLAWFUL DISTRIBUTION OF PRESCRIPTION CONTROLLED SUBSTANCES HAS CREATED A PUBLIC

NUISANCE FOR THE CITIZENS OF THE CITY OF PRINCETON

 

 

WHEREAS, the Council of the City of Princeton is the governing body of the City, and

 

WHEREAS, the Council of the City of Princeton has the authority to take action to protect the public health, safety, and welfare of the citizens of the City of Princeton, and

 

WHEREAS, there exists a serious public health and safety crisis involving opioid abuse, addiction, morbidity, and mortality in the City of Princeton, and

 

WHEREAS, the diversion of legally produced controlled substances into the illicit market causes or contributes to the serious public health and safety crisis involving opioid abuse, addiction, and mortality in the City of Princeton; and

WHEREAS, the violation of any laws of West Virginia or of the United States of America controlling the manufacture and distribution of a controlled substance is inimical, harmful, and adverse to the public welfare of the citizens of Princeton and constitutes a public nuisance; and

 

WHEREAS, the Council of the City of Princeton has the authority to provide for the elimination of hazards to public health and safety; abate, or cause to be abated, any public nuisance including those acts that significantly interfere with the public health, safety, and welfare of the citizens of the City of Princeton; and

 

WHEREAS, the Council of the City of Princeton has expended, is expending, and will continue to expend in the future City public funds to respond to the serious public health and safety crisis involving opioid abuse, morbidity and mortality in the City of Princeton; and

 

WHEREAS, the Council of the City of Princeton has received information which indicates that the manufacturers and wholesale distributors of controlled substances have violated federal laws and regulations that were enacted to prevent the diversion of legally produced controlled substances into the illicit market; and

 

WHEREAS, the public nuisance continues to be unabated by those entities causing the public nuisance; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Princeton, West Virginia, with a majority of its members thereto concurring, DECLARES that opiate abuse, addiction, morbidity and mortality have created a serious public health and safety crisis in the City of Princeton, West Virginia and is a PUBLIC NUISANCE.

 

 

This resolution was duly passed on the 12th day of February, 2018.

 

/S/ David E. Graham, Mayor Tim Ealy duly seconded the motion to adopt the resolution.

City Attorney Paul Cassell explained that the resolution affirms the decision of City Council to address the continuing scourge of opioids flooding into the City of Princeton.

 

City Manager and Acting City Clerk Kenneth Clay, on a point of personal privilege, requested the motion be amended to authorize the Mayor to sign the resolution in light of the City Manager and Acting City Clerk being required to sign the affirmation.

 

MOTION: Marshall Lytton moved the foregoing motion be amended to authorize the Mayor to sign the resolution.

 

Dewey Russell duly seconded the motion.

 

The motions to amend the resolution carried unanimously.

 

On voting, the original motion to adopt the resolution carried unanimously.

 

Congressman Evan Jenkins Representative – Mayor Graham announced that Mr. Jordan Maynor, from the staff of Congressman Evan Jenkins, would be at the Princeton Municipal Building on Friday, February 16th, from 10:00 a.m. to 12:00 p.m. to meet with members of the public who need the Congressman’s assistance.

 

B.      CITY ATTORNEY

Ordinance to Adopt City Code Replacement Pages, 1st Reading – City Attorney Paul Cassell presented for first reading AN ORDINANCE TO APPROVE THE 2017 REPLACEMENT PAGES TO THE CODIFIED ORDINANCES OF THE CITY OF PRINCETON FOR THE CITY OF PRINCETON, WEST VIRGINIA.

Tim Ealy moved City Council accept the ordinance on first reading. Dewey Russell duly seconded the motion.

The motion carried unanimously.

 

C.     CITY MANAGER AND ACTING CITY CLERK

The City Manager and Acting City Clerk Kenneth Clay thanked everyone for attending the Council meeting.

 

 

D.     ASSISTANT CITY MANAGER

Assistant City Manager Mike Webb thanked the veterans for their service to the country and for attending the reading and adoption of the resolution naming Princeton a “Purple Heart City.”

 

E.     DEPARTMENTAL REPORTS

Human Resources – Human Resources Director Wanda Donahue presented the following OSHA report to City Council:

Each February, the City is required to prepare and post our Occupational Safety and Health Administration report for the previous year. For the year 2017, we thankfully only had 3 minor injuries that are recordable by OSHA standards, because they involved days away from work. There were a total of only 8 lost workdays involved from the 3 minor injuries. We have a total annual average of 67 full-time employees and an annual average of 29 part-time seasonal employees which includes Administration, Police, Fire Department, Public Works, Recreation Department and Library. We commend all our employees for working safely and our Department Directors for their attention to safety training and safety equipment for employees. This report will be posted in all departments and at the Library and Recreation Center, as required.

 

VII.     COUNCIL ROUNDTABLE

Vice Mayor Tim Ealy – Mr. Ealy commented that the ladies in the front office at City Hall are the first contact visitors have upon entering the building to conduct business. He added that while he was there one day this week a somewhat agitated individual came in on a fire lane citation and, through the initial contact and interaction, the ladies were able to calm him down until he admitted that he was wrong and should not have parked in the fire lane. Mr. Ealy commended, Reva, Teresa and Kaitlyn for the respectful way they deal with the public.

Mr. Ealy then acknowledged the veterans in attendance and remarked that they are some of the finest men he knows and thanked them for attending the Council Meeting.

 

Marshall Lytton – Mr. Lytton thanked everyone for coming out the Council meeting, especially the veterans for their show of support. Mr. Lytton continued by thanking all the City department heads for the super job they do, expressed that he also was proud of the City Hall staff for doing a good job and that he wished to congratulate the Fire Department Officers on their promotions.

 

Lastly, he commented that preliminary work was proceeding on the former Dean Company property and City Hall offices should be moved there this year.

 

James Hill – Mr. Hill thanked the veterans for attending, especially for the reading and adoption of the “Purple Heart City” resolution. Continuing, he remarked that Princeton is

 

 

changing for the better and one of the unsung City Departments in bringing this about is Code Enforcement. Since Code Enforcement’s Demolition Program began, 626

dilapidated structures have been removed, but it is more than just tearing down, it’s an opportunity to build back onto the vacant lots.

 

Mr. Hill commented on the soon to open Police Substation on Mercer Street and congratulated those involved in the project for doing a good job. He added that Princeton has a good future ahead, but to do the job broadband must be a part of the statewide efforts to bring it to fruition.

 

Dewey Russell – Mr. Russell acknowledged his brothers from the Vietnam Veterans of America, Blue-Gray Chapter, seated on the back row of the Council Chambers and stated that as a Vietnam Veteran himself that he looks up to them. Mr. Russell added that the VVA members are the unsung who work in their community, State and Nation, which makes him proud to be a part of such an organization.

 

Mr. Russell continued by congratulating the four Fire Department officers upon their promotions and noted that Captain Matt Mould is his son-in-law by virtue of his marriage to his daughter Valerie who is present with his new granddaughter.

 

After acknowledging Charlie Croy’s father, James Croy, who was present to watch his son take his oath of office, Mr. Russell concluded by remarking that he was glad to be back in town.

 

Mayor David Graham – Mayor Graham thanked all attendees for coming to the Council meeting and added that with the moderating temperatures Bo Barker and his Public Works’ crews are in greater demand, including additional work at the former Dean Company property.

 

Mayor Graham added that the City is off to a good start in the New Year. The budget is sound and the potential exists for new businesses on Mercer Street.

 

The Mayor continued by explaining that City Council and the Department directors have been involved in a series of biweekly architectural design progress meetings with the Architect, Todd Boggess, and could report that we are closing in on completing designs for the City’s administrative offices and should be going out to bid in a month or so.

 

Mayor Graham further expressed congratulations to the four Fire Department officers upon their promotions and commended the Detective Bureau at the Police Department for solving the Christmas Day homicide that occurred on Mercer Street.

 

The Mayor recognized Lori McKinney, Chairperson of the Community Improvement Commission, as well the entire CIC for doing a great job of improving the overall appearance of the City, as well as fostering economic development.

 

Lastly, Mayor Graham commended the City’s Department Heads, the City Attorney, City Manager, Acting City Clerk and Assistant City Manager for the jobs they do for the City.

 

VIII.     ADJOURNMENT

There being no further business, on motion, the February 12, 2018, meeting of the Princeton City Council adjourned at 7:26 p.m.