City Council Meeting Minutes
 August, 11 2008
The Bessemer City Council met in regular session on August 11, 2008 at 7:00 pm in the council chambers of City Hall.
Members Present
Mayor Bob Hovis; Council Members: Jim Long, Becky Smith, Marilyn Best, Kay McCathen, Wayne Massagee. Also present were City Manager Allan Farris and City Attorney David Smith.
Call to Order, Prayer and Pledge of Allegiance
Mayor Hovis opened the meeting with prayer remembering family members of Marilyn Best (Alfred Best) and Becky Smith (Gwyn Steelman). Mayor Hovis then led in the Pledge of Allegiance.
Approval of Minutes
Upon motion of Jim Long and second of Kay McCathen the minutes of the July 14, 2008 Council meeting were unanimously approved.
Request to Speak/Opportunity for Public Comment
A) Ms. Kathy Beck, 517 E. Lee Avenue addressed City Council regarding a carport she was instructed to remove from her property by the City’s Code Enforcement Officer. Ms. Beck wanted to know what had been done with the list she submitted of zoning and non-compliance violations. Mayor Hovis recognized Code Enforcement Officer, Jeff Kirchner who reported that notices had been sent out and he had already had responses from three of the people on the list. Mr. Kirchner advised he was not sure what the resolution would be at this time, but the enforcement process is underway. Ms. Beck also questioned rights-of-way and variances in relation to her property and was advised to meet with the City Manager and/or Planner for clarification. In closing, Ms. Beck asked for partial reimbursement of her expenses incurred with the removal of the carport. (Mayor Hovis stated that when a citizen brings issues to the City Council that a written response is warranted and Council collectively agreed).
B) Captain John Dunivan, Gaston County Police - Bessemer City Station advised the Mayor and City Council that he was leaving County employment effectively immediately to accept a position with Gaston Memorial Hospital. Captain Steve Myers accompanied Captain Dunivan and will be the new Captain for Bessemer City beginning August 18. Captain Dunivan advised that he and Captain Myers had met to discuss all aspects of the position and was confident that he would have an open dialog with the staff and Council. In closing, Captain Dunivan stated that he loved Bessemer City and had enjoyed his service here.
C) Ms. Beth Minter, 404 Caswell Avenue voiced concerns regarding several issues as follows: A fire in the dumpster at the basketball courts, removal of basketball goals, turning kids away from pool due to overcrowding, reports of alcohol/gambling at “corn hole” events, holding people accountable for damage done to City property. Ms. Minter concluded by suggesting that Council consider some other action for the destruction in the park besides removal of the basketball goals. Posting signs for people to call anonymously to report damage should be considered.
Consent Agenda – Upon motion of Marilyn Best, second of Kay McCathen and unanimous vote, the Consent Agenda was amended to add an item “D” – Overnight Travel Request. The Consent Agenda was then unanimously approved by motion of Wayne Massagee and second of Jim Long.
A) Budget Amendment- In accordance with Section 24b of the 2007-2008 Budget Ordinance, a budget amendment was needed to comply with state statutes for the Fire Department and Public Works Department in the General Fund. The Budget Officer is authorized to transfer amounts up to $7,500 between departments with a report of such transfers furnished to the City Council. The following amendment was made as of June 30, 2008:
Transferred from Department 4110 – Governing Body $(6,200.00)
Transferred to Department 4340 – Fire Department 3,100.00
Transferred to Department 4510 – Public Works Department 3,100.00
B) Municipal Agreement for Mickley Bridge – Approved a Municipal Agreement between the NCDOT, Norfolk Southern Railway and the City for the Mickley Bridge Project. The bridge project is an 80/20 matching grant. Norfolk Southern will contribute $100,000 for the closure of “E” Street. The Rail Division will contribute $150,000 to also help the City will their 20%. NCDOT will loan the City the remaining part of their 20% contribution. Bessemer City will administer the grant and project and then reimburse NCDOT for the loaned amount in 3 annual payments. (Copy of Agreement on file in the Planning Department and Clerk’s Office).
C) Declaration of Surplus Property – Approved a Resolution to declare surplus approximately 250‘of 10’ high chain-link fencing that belonged to the Recreation Department, along with a five-year old Olympus Digital Voice Recorder that has recently been replaced in Administration.
D) Request for Overnight Travel – Approved overnight travel for the City Manager to attend the Effective Management Class at Western Carolina University on September 8-12, 2008 and the Public Employment Law Class at UNC Chapel Hill on September 22-26, 2008.
LED Sign Purchase
Three quotes were obtained for the LED sign to be placed at the corner of 12th Street and Virginia Avenue as follows: Sign Connection - $23,780; Fitch Sign Company - $23,487; Hatley’s Sign Service - $25,095. The quotes included a color LED message board, wireless remote with software, cabinet to enclose the sign and installation. (Quotes did not include masonry work, decorative lamps or the removal of existing signage/masonry). Becky Smith moved to approve the bid of Sign Connection in the amount of $23,780. Second was by Marilyn Best and vote was unanimous.
Washington Avenue/13th Street & Florida/6th Street Storm Water Projects
Bids were received on August 5, 2008 for the above mentioned drainage projects as follows: Husky Construction - $198,760; John E. Jenkins - $ 183,575’ Lawndale Sand Company - $180,947; Neill Grading & Construction - $135,112; Trans-State Construction - $157,912; Wesson Septic Tank - $188,506.90; Clarke Ledbetter - $172,000. Ben Thompson of Hazen & Sawyer reviewed the bid documents submitted and did not find any mathematical errors or other irregularities which may have affected the bid prices or order of the bids received. Staff recommended approval of the low bid of Neill Grading. In a letter to the City Manager, Mr. Thompson advised that he had spoken with Neill Grading and Construction and was satisfied with their bid amount of $135,112 for the project. Their bid was approximately 16.5% lower than the second low bid. He also recommended a contingency amount of $30,000 be reserved for any unforeseen items that may be encountered during construction of the project. Motion was made by Jim Long to approve the low bid of Neill Grading in the amount of $135,112 with second by Marilyn Best and unanimous vote.
Discussion of Option to Purchase Dameron Property for Additional Reservoir
The City Manager reported that he and Public Utilities Director, Lee Hayes met with the Lee Dameron Family regarding the possibility of purchasing a 16 acre tract of land located on Sherwood Drive in Bessemer City. The tract is part of the Dameron Farm property and joins the City’s property at the in-take point on Long Creek. The property is described as wetland and has two tributaries passing through it. The City’s intention, if a sale could be negotiated, would be to construct an additional reservoir that could capture an estimated 56,000,000 gallons of water to carry the City through times of drought. The Dameron Family has verbally offered to sell this property to the City for $5,000 per acre and they are open to discussion of a payment option. Staff requested authorization to get engineers involved and to proceed with negotiations for the purchase of the property. Marilyn Best moved to authorize City Staff to pursue the project as discussed, seconded by Wayne Massagee with unanimous vote.
Request to Lease City Property
The City Manager advised Mr. Roger Gee of Piedmont Paving had approached staff regarding the possibility of leasing City owned property that is adjacent to his business located on the corner of Maryland Avenue and 9th Street. Mr. Gee is interested in clearing the property of underbrush and then fencing it to store equipment and also as an attempt to reduce the number of break-ins at his business. Money and a lease option have not been discussed but will be explored if City Council is open to agreement. Following discussion which included the zone not being conducive to storage and concerns regarding the fencing or changing of the zone, the City Manager will get with Mr. Gee to find out exactly what his intentions for the property are.
Discussion of Animal Ordinance
City Council discussed amending or developing an Ordinance that would cover cruelty to animals and stricter enforcement of lease-law violations. City Code Enforcement Officer, Jeff Kirchner questioned how the City would enforce such an ordinance since animal control is a County function. Following discussion of different and/or conflicting ordinances, Police Captain Steve Myers advised he would contact the County’s Animal Control Supervisor, Reggie Horton and invite him to attend the September meeting. All County Ordinances can be viewed on their website.
Council General Discussion
Complete cleanup of McBess Industries (pursue legally, person still living on site, condemn under nuisance); spray or paint walls in Centennial Park; thanks to Captain Dunivan for a job well done; work on cleanup of Kiser property in conjunction with McBess cleanup; plan pool night for employees; information on greenway was passed out; “Connect Gaston” project and information on greenways; swimming pool report; water restrictions and meeting to move forward with Stage III Restrictions (get something to restaurants on use of disposable products and not serving water unless requested); information distributed on the NC League of Municipalities “Centennial Conference” to be held in Charlotte on October 12-14.
Stage III Water Shortage Restrictions
Council advised not to wait for a meeting to discuss water situations but to proceed with Phase III Restrictions immediately. Public Utilities Director, Lee Hayes will email Notice of Restrictions to press first thing the next morning (Tuesday morning).
Closed Session – Personnel Matter (GS 143-318.11(A) (6)
Marilyn Best moved for a “Closed Session” as permitted under GS 143-318.11(A)(6), seconded by Kay McCathen with unanimous vote. Upon return from Closed Session, Mayor Hovis announced that the City Manager’s performance review was conducted. The Mayor and Council will meet with the Manager to discuss the results of his evaluation at the September meeting or on another date to be determined. Motion was made by Jim Long, seconded by Marilyn Best and passed unanimously to increase the Manager’s salary by 3.5% effective immediately.
Adjourn
With no further business to come before the board, motion to adjourn at 9:20 PM was made by Marilyn Best, seconded by Jim Long and approved.
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| City Council Members |
Bob Hovis, Mayor
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Wayne Massagee, Ward 1
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Kay McCathen, Ward 2
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Marilyn Best, Ward 3
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Melanie Colvin, Ward 4
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Becky Smith, Ward 5
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Jim Long, Ward 6
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