Bessemer City News

October 2008 City Council Meeting Minutes

The Bessemer City Council met in regular session on October 13, 2008 at 7:00 p.m. in the Council Chambers at City Hall. Following are the minutes from that meeting.

Members Present
Mayor Bob Hovis; Council Members: Wayne Massagee, Kay McCathen, Jim Long, Marilyn Best and Becky Smith.  City Attorney David Smith and City Manager Allan Farris were also present.  

Call to Order, Prayer and Pledge of Allegiance 
Mayor Hovis called the meeting to order and led in prayer, followed by the Pledge of Allegiance.

Adjustment and Approval of October Agenda
Upon motion by Marilyn Best and second by Kay McCathen, an addition was added to the Agenda as item #11 – Fill Ward 4 vacancy, and the agenda was unanimously approved as amended.

Special Presentation
Mayor Hovis read a Proclamation recognizing the week of October 20-24 as Medical Assistants Recognition Week.  The Proclamation was unanimously adopted upon motion by Marilyn Best and second by Wayne Massagee.  (Copy on file in Proclamation Book)

Approval of Minutes
Upon motion of Jim Long, second by Kay McCathen and unanimous vote, the minutes of the regular meeting of September 8, 2008 were approved.

Consent Agenda
The following items of the Consent Agenda were adopted upon motion by Marilyn Best, second by Becky Smith and unanimous vote:

1. Overnight Travel Request: Overnight travel for Firemen Jordin Barnes, Justin Barnes and John Revels to Piedmont Community College in Morganton, NC to the Fire and Rescue College on October 17 – 19.
2. Identity Theft Protection Program (Red Flag Rules): The Federal Trade Commission requires that all municipalities have a program adopted by November 1, 2008 to protect consumer identity and fight theft of customer account information.  A program to meet all FCC requirements was developed by the Finance Officer.
3. Chamber of Commerce Citizen of the Year Nomination:  Nominations for the award are due before Friday, October 31 at the Chamber Office. The Annual Dinner is scheduled for November 20, 2008.

Historic Preservation Agreement for Central School
Mr. Martin Meek and Mr. DeWayne Anderson, with Landmark Asset Services addressed Council regarding adoption of a Historic Preservation Agreement related to the property at Central School.  The relationship of the two city-owned buildings (gymnasium and cottage building) to the buildings owned by Landmark necessitates the approval of an agreement to allow Landmark to claim necessary Historic Tax Credits.   The NPS Evaluation of Significance approval includes all properties on the campus site. The majority of the funds for the project will be from the tax credits and the syndicators providing the funds will take serious issue without Council approval of the agreement.  This could affect the entire project.

The Agreement, which will terminate on December 31, 2013, requires that the City not alter, demolish or destroy, without approval of the State Historic Preservation Office and the National Park Service, either of the two city-owned buildings. In response to concerns voiced by Council members, Mr. Meek explained that this in no way prohibited normal maintenance of either facility.  Recreation Director Jo D Franklin explained that some internal improvements to the restrooms and plumbing and some roofing repairs are necessary now.  Mr. Meek advised that normal maintenance work would not have to be approved, and that any type repairs that would need approval normally only required a few days review process and had not been a problem with previous projects the group had worked on.  He advised that any structural changes to the footprint of the buildings could be considered after the five year time frame had expired.

Landmark offered to provide architectural assistance to the City for approval of any project during the five year time frame.  These terms can be added by the attorney prior to signing the Agreement.  City Attorney David Smith advised that he had reviewed the Agreement and that all terms were agreeable and would not prohibit normal maintenance of the facilities.  Upon motion by Jim Long, second by Marilyn Best and unanimous vote, the Historic Preservation Agreement, with added verbiage regarding the assistance of the LLC for any projects the city needs to undertake during the five year time frame, was approved.

Land Use Plan
Planner Kevin Krouse reviewed the Land Use Plan, highlighting the six elements of the plan, projection of time line for the project, services offered by Deb Ryan of the Ryan-Harris Firm and budget figures.  Marilyn Best stated that the City had been discussing this plan for years and this was a good starting point. Wayne Massagee inquired about budget figures and Kevin reported that all funds were budgeted in the 2008-09 budget year, but some may be moved to the next fiscal year. Being no further discussion, motion was made by Marilyn Best, with second by Kay McCathen and unanimous vote to approve the plan and timeline.  Jim Long reminded the Council that there are still no guarantees with regards to the Edgewood Road Exit area.  No plans will be final until the Garden Parkway Study is completed by the Turnpike Authority.  Kevin stated that the plans for that area would not begin until 2009.

Ordinance Regarding Registered Sex Offenders On/Or About Public Parks
Recreation Director Jo D Franklin addressed his recommendation for adoption of an ordinance prohibiting registered sex offenders from using Parks and Recreation facilities maintained by the City.  Several surrounding cities have adopted ordinances.  He advised that there is a bill before the NC House, HB 933, the Jessica Lunsford Act, which would go into effect in December, 2008, which would be a good tool to aid enforcement when needed.  Captain Steve Myers with Gaston County Police told Council that they had access to the current list of local offenders and he agreed with Mr. Franklin that the new Statute would make enforcement easier than a local ordinance.   The State Act will lift restrictions during times of voting if the site was a polling place but prohibit use at all other times.

Council General Discussion 
Animal Ordinance for Bessemer City still important issue; October is Breast Cancer Awareness Month; water restriction status; commendation to Jeffrey Kirchner for work on enforcement of high grass; time line for repairs at 13th Street and Washington Avenue and 6th Street and Florida Avenue; progress on demolition of McBess Industries buildings; update on information from League convention; reminder to vote; Halloween safety.