Bessemer City News

September 2008 City Council Meeting Minutes

The Bessemer City Council met in regular session on September 8, 2008 at 7:00 PM in the Council Chambers of City Hall.

Members Present
Mayor Pro-tem Marilyn Best; Council Members: Wayne Massagee, Kay McCathen, Becky Smith and Jim Long.  City Attorney David Smith was also present.  Mayor Bob Hovis and Manager Allan Farris were out of town to attend training.  

Call to Order, Prayer and Pledge of Allegiance
Mayor Pro-tem Best called the meeting to order.  Kay McCathen opened the meeting with prayer followed by the Pledge of Allegiance.

Adjustment and Approval of September Agenda
Upon motion of Wayne Massagee and second of Jim Long, a “Resolution of Surplus” was added to the “Consent Agenda” and the agenda was unanimously approved.

Special Presentation
Mayor Pro-tem Best read a Proclamation declaring the week of September 17-23, 2008 as Constitution Week in Bessemer City.  She asked all citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedom guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.  The Proclamation was unanimously adopted upon motion of Jim Long and second of Kay McCathen.  (Copy on file in Proclamation Book at City Hall).

Approval of Minutes
Upon motion of Kay McCathen and second of Jim Long the minutes of the regular meeting of August 11, 2008 and the Special Meeting of August 25, 2008 were unanimously approved.

Requests to Speak/Opportunity for Public Comment 

• Mr. Davy Lowman, Candidate for the House of Representatives – 110th District advised that he was running for Debbie Clary’s old House seat.  Mr. Lowman stated he grew up and still lives outside of Waco, North Carolina.  He formerly worked as the Election Liaison for the State where he assisted Counties in the development of policies and procedures.  He currently teaches at Gaston College.  Mr. Lowman stated that he is running for the 110 District because he wants to serve and he promised to do whatever he could to help Bessemer City and the community.  Mr. Lowman can be contacted through his website at davylowman.com where his address and phone number are both listed.
• Ms. Kathy Beck, 517 E. Lee Avenue reported that she had received a letter from the City Manager stating that as a result of the actions taken, her concerns were addressed and concluded.  Ms. Beck stated this was unacceptable and that only seven of her forty-one issues were addressed in the letter.  City Attorney, David Smith advised Ms. Beck that she had been before the City Council on four occasions about the same matter and the Council is well aware of her concerns.  He further advised that the City Manager had addressed her concerns and considers the matter closed.  Attorney Smith suggested that if Ms. Beck didn’t feel she was treated properly that she deal with the matter privately by consulting with her attorney.  Attorney Smith concluded that in his opinion, this was not the time for Ms. Beck to continue airing her carport dispute with the City.  Ms. Beck stated that she was not getting results and that she had asked to see the law on mobile homes being moved into Bessemer City.  Attorney Smith informed her that all laws are a matter of public record and accessible in a number of places.  
• Ms. Vida Holland, 103 Sherwood Drive spoke on behalf of her Mother, Mrs. Inez Richardson who resides at 403 E. Maryland Avenue.  Her Mother’s property is adjacent to City ball fields.  Ms. Holland advised that she recently gathered four bags of trash from the area, some of which was very old.  She visited the City Manager to ask that something be done about this problem and was advised that the Optimist Club was responsible for cleaning the area.  Ms. Holland went on to state that due to the ball fields, vehicles were parked on her Mother’s property, people were walking through her yard and children were being allowed to entertain themselves on the property.  In closing, Ms. Holland stated she was concerned for her elderly mother and asked that a barrier be put up to divide the ball fields from her property.

Consent Agenda  
The Lease Agreement (Item B) with Donald R. Carpenter for property located on N. 14th Street (Hwy. 274) was removed from the Consent Agenda by motion of Wayne Massagee, second of Kay McCathen and unanimous vote.  (The property is zoned C-1 Light Commercial where farming or agricultural purposes are not a permitted use).  The remaining items of the Consent Agenda were unanimously approved by motion of Wayne Massagee and second of Kay McCathen.

• a)  Approval of Overnight Travel – Overnight travel was approved for the City Planner to attend the Municipal Administration Course in Chapel Hill beginning September 8-12, 2008.  Other week-long sessions include October 20-24, December 8-12, January 26-30, March 2-6 and April 21-23.  The Planner received a $750 scholarship from the Local Government Federal Credit Union to offset cost involved.  (Council Members did request an itinerary for the course and more details on the cost of the course).
• b)  Lease Agreement – removed from Agenda.
• c)  Firemen’s Relief Fund Trustee Appointments – Lester Costner and George Hook, Jr. were appointed to serve another two year term on the Firemen’s Relief Fund.
• d)  Telephone Poll – Budget Amendment – Council ratified a telephone poll that was conducted and unanimously approved on August 21, 2008 regarding a budget transfer to fund Image Committee Projects previously approved.
• e)  New Year’s Shooters – Approved Resolution of Authorization for the Ridge Runners to hold their annual event as part of the local New Year’s celebration.  A schedule of events and a current roster of member names is required prior to New Year’s Eve. 
• f)  Surplus Resolution – Approved a Resolution declaring the 1987 Dodge Pick-up Truck (VIN # JB7FL54EOHP023334) as surplus.  (Copy on file in Records Retention Schedule).

Discussion of County Animal Control Ordinance
Prior to hearing from Mr. Reggie Horton, County Animal Control Administrator, Wayne Massagee reviewed animal cruelty concerns as previously discussed by the City Council.  Concerns included charges and prosecution of those individuals arrested in the animal cruelty incident several months ago; making sure people are held accountable for the treatment of their animals; and putting more bite into the local ordinance so that all matters of animal cruelty will be addressed.  Mr. Massagee stated he had reviewed the State and local ordinances, ordinances from other towns and the County Police Contract for Services.  He found that the County Police have the authority to enforce all County ordinances and have the same power as Animal Control for enforcement.  

Mr. Massagee said he basically wants to see all matters addressed and people held accountable and prosecuted for animal cruelty.  In addressing the Council, Mr. Horton stated it was obvious that Bessemer City cared about its animals.  On the matter of the dog fighting arrest he advised that those arrested were charged with felony animal cruelty, the highest penalty in the State. That matter was passed on to Superior Court by the Grand Jury and will soon be coming to trail.  Mr. Horton agreed that individuals should absolutely be held accountable for their actions and he felt that the County Ordinance was very comprehensive and would cover all animal issues including the one identified tonight.  The “Anti-Tethering” law is being discussed across the state and concerns regarding the development of this law have been brought to the Animal Control Task Force which is appointed by the County Commissioners.  

In closing, Mr. Horton again stated he felt confident that the County Ordinance would cover any incident and that there is clear authority on the books for enforcement of the ordinance.  Animal cruelty is a high priority call and the public’s help in this issue is very necessary.  Mayor Pro-tem Best asked Council Member Massagee to consider heading up a local committee of citizens to get involved in animal issues and ordinances.

Off-Road Fuel Report 
Mayor Hovis requested the City Manager to prepare a report for the September meeting regarding the number of gallons of diesel fuel purchased over the past six month period.  In addition, he requested that a plan be put together for contracting with one of the area fuel distributors to monitor the large generator fuel tanks and for the placement of an above ground tank to provide off-road fuel for tractor and other non-tagged equipment using diesel fuel.  Manager Farris furnished Council with a report of diesel fuel purchases for FY 2007-08 and advised that he had investigated the possibilities of purchasing off-road fuel for City tractors and off-road equipment.  Contact was made with seven oil supply companies for details on purchasing off-road fuel with varied results.  While fuel prices vary daily, the Manager thought the City could realize a savings of approximately $1.00 per gallon.  The City currently has a 500 gallon tank with a double wall that is usable.  The tank has been taken to the Public Works/Gas Department for cleaning and painting.  A smaller tank is also available for use in transporting fuel when necessary.  With some details yet to be worked out, Manager Farris felt everything would be finalized in the next few days.

Historic Preservations Agreement for Central School 
Mr. Bill Scantland of Landmark Development requested approval of a Historic Preservation Agreement for City owned property (gym & cottage).  Approval of the agreement basically states that the City will not alter, improve, demolish, destroy, or develop the City Property unless they first obtain the approval of the State Historic Preservation Office and the National Park Service. Attorney Smith advised that such agreements can be pretty broad and sometimes very restrictive.  Council then discussed the possible replacement of the gym’s bleachers and bathrooms over the next few years and finally continued this item until the October meeting upon motion of Wayne Massagee, second of Becky Smith and unanimous vote. 

Deed Restrictions for Natural Selection Building
By memo to the Council, Planner Kevin Krouse reported that Mr. Andy Herring had expressed interest in the Natural Selections property.  The disposal of this property would be by the upset bid process.  It is the Planner’s desire to establish deed restrictions on the property that would guide the type of development that would be allowed.   While design and appearance standards are in place for new development, the deed restrictions are needed to preserve and protect the downtown’s overall interest and to see the best development possible in an appropriate amount of time.  Planner Krouse was seeking approval to work with the City Attorney in placing appropriate deed restrictions on the Natural Selections property located at 114 W. Virginia Avenue.  Motion to approve was made by Jim Long, seconded by Kay McCathen with unanimous vote.

Council General Discussion
106 S. 8th Street in bad shape (owned by Ben-Mar Properties); bad odor on 500 block of S. 10th Street; get mill property removed prior to Christmas parade.  Attorney David Smith briefed Council on the Jerry Keller Property stating that the building was placarded (posted as unfit and hazardous) and a hearing was scheduled with Mr. Keller on September 16, 2008.  Following the hearing, an order will be issued requiring the owner to remedy the situation.  After sixty days, if not remedied, the City will seek demolition of the mill property and all associated parcels.  A contractor will be hired and a lien will be placed on all property involved.  So that the City would have some idea of the cost involved, the John Jenkins Company was asked to look at the site and submit an estimate on the cost of demolition and clearing of the property.  That estimate was received in the amount of $100,000 and if the City seeks demolition, two additional quotes will be obtained.   

Adjourn
There being no further business, the meeting adjourned at 8:35 PM by motion of Jim Long, second of Wayne Massage and unanimous vote.

Janice M. Costner, City Clerk,  Marilyn H. Best, Mayor Pro-tem