Bessemer City News

City Council Meeting Minutes, June 2008

June 9, 2008
The Bessemer City Council met in regular session on June 9, 2008 at 7:00 PM in the Council Chambers of City Hall.
Members Present
Mayor Bob Hovis; Councilmembers: Jim Long, Becky Smith, Howard Jones, Kay McCathen and Wayne Massagee. Marilyn Best arrived late at 7:15 PM. City Manager Allan Farris and City Attorney David Smith were also present.

Call to Order, Prayer and Pledge of Allegiance
Mayor Hovis called the meeting to order. The Reverend Thurman Clark of Mt. Pleasant Baptist Church opened the meeting with prayer followed by the Pledge of Allegiance led by Mayor Hovis.

Approval of Minutes
By motion of Howard Jones and second of Kay McCathen, the minutes of the May 12, 2008 regular meeting and the Special Meeting (Budget Work session) of May 19, 2008 were unanimously approved.

Request to Speak/Opportunity for Public Comment
Ms. Kathy Beck, 517 E. Lee Avenue addressed Council regarding a carport she was instructed to remove from her property by the Code Enforcement Officer. Ms. Beck stated she had lived in Bessemer City all her life in that same location. Ms. Beck requested (in writing) proof of permits for carports that she had observed as also being illegal. She then presented a list of her findings. Ms. Beck also advised there was an illegal garage being operated on her street.

Consent Agenda
The following items of the Consent Agenda were unanimously adopted by motion of Howard Jones and second of Kay McCathen:

A. Budget Amendment – Council approved a budget amendment as recommended by the Finance Officer to account for the additional revenues and expenditures experienced by the success of the Down Home Festival:
Account # Increase Decrease
11-80-6170-290 Departmental Supplies $10,000
11-80-3610-890 Miscellaneous Revenue <$10,000>
B. Declaration of Surplus Property – Approved Resolution declaring one OKI Pacemark 3410 Printer as surplus property to be disposed of by any means allowable. (Copy on file in Resolution/Ordinance Book)
C. Water & Sewer Extension Policy – Council approved the Water & Sewer Extension Policy following a change to Section 5 regarding unclear language. (Copy on file in Resolution/Ordinance Book).
D. Transportation Improvement Program (TIP) Municipal Agreement – Council approved agreement with the Department of Transportation for improvements to NC 274 (Gastonia Highway) from Maine Avenue to West of NC 275. Councilmember Long informed Council of the 20% match on the sidewalk. (Copy on file at City Hall).
(Councilmember Best arrived at the meeting @ 7:15 PM)

Public Hearings (Following Proper Advertising)

A. Rezoning Request (RZ08-02) – A public hearing was held on request of Ms. Beatrice Crocker to rezone property located at 701 W. N.C. Highway 161 from RS-8 (Single-Family Residential Development) to C-1(Light Commercial District). The Planning Board reviewed the request at their meeting on June 2, 2008 and voted unanimously to recommend approval of the rezoning. Motion to open the Public Hearing was made by Jim Long, seconded by Wayne Massagee and passed unanimously. Speaking in favor: Ms. Beatrice Crocker, Petitioner, 311 S. Pinchback spoke in favor of the request stating the property would be used for neighborhood business (Photography Studio). There being no others to speak, the hearing was closed by motion of Howard Jones, second by Wayne Massagee and unanimous vote. City Planner, Kevin Krouse stated the change was necessary due to changes made with adoption of the UDO. He had no objection to the rezoning. Motion to approve was made by Jim Long, seconded by Howard Jones and passed unanimously.
B. Rezoning Request (RZ08-03) – A public hearing was held on request of Mr. Andy Lutz to rezone property located at 1302, 1308, 1312 and 1324 Puetts Chapel Road from RS-12 (Urban Residential) to R-1 (Rural Residential). The Planning Board reviewed the request at their meeting of June 2, 2008 and voted 6-1 to recommend approval of the rezoning request. On June 3, 2008 a Protest Petition in accordance with General Statute 160A-385 was presented by Melvin and Suzanne Kiser, 1411 Puetts Chapel Road. The City Clerk determined the petition to be valid and would therefore require a three-fourths favorable vote of all the members of City Council to become effective. Motion to open the public hearing was made by Wayne Massagee, seconded by Jim Long with unanimous vote.
• Speaking in favor: Mr. Andy Lutz, Petitioner, 160 Sedalia Dr., Bessemer City reviewed his request advising that the project began back in 2006 when a rezoning was approved by City Council. A perk test was approved and the County issued a building permit in the spring of 2008.

He began work on the project and when notified by the Planner that he did not obtain a zoning permit he stopped work. Mr. Lutz stated he then applied for a Conditional Use Permit and when it was denied he requested the rezoning from RS-13 to R-1; Mr. Doug Robinson, Attorney with Robinson & Wilson, 246 W. Main Street, Gastonia represented Mr. Lutz in his rezoning request.

Mr. Robinson stated that staff and the Planning Board recommended approval of the rezoning with good reason - the property is located across from a current R-1 zone; Mr. Lutz received a rezoning of the property two years ago to R-5 and Mr. Robinson said he did not feel it was the Council’s intention to not allow development of the property with the recent adoption of the UDO; when Mr. Lutz had the property surveyed and applied for his building permit he did not know that the zone had changed with the UDO. Mr. Robinson pointed out that Mr. Kiser (who filed the protest petition against the rezoning to R-1) owns the large parcel across from the proposed rezoning that is currently zoned R-1, the zone he is opposing.
• Speaking in Opposition: Mr. Melvin Kiser, 1411 Puetts Chapel Road stated he was an adjoining property owner and he felt there were enough apartments and rental property already in Bessemer City. His property was zoned R-15 for years and he was not aware the new rezoning allowed duplexes which in his opinion was not in harmony with land that could be developed for nice housing in the future.

While he currently had no plans to sell his property, he felt that construction of duplexes would affect his land value should he want to sell in the future. Mr. Kiser said he had no objection to the building of single family residences; Mrs. Suzanne Kiser, 1411 Puetts Chapel Road stated she had seen considerable improvement in the downtown area since she moved here. Mrs. Kiser reported that the area on 12th Street from Virginia Avenue to her property is currently single family residences. She felt multi-family would depreciate the value of the land.

Mrs. Kiser also expressed concerns regarding traffic in the area and the effect of duplex units on the future of Bessemer City. She closed by stating she had no objection to single family houses; Tracy Costner, 406 Bess Town Road advised that he owned property on ML Kiser Road which was about 600 yards from the proposed change. He bought the property (with deed restrictions) from Melvin and Suzanne Kiser. Mr. Costner felt that Mr. Lutz had options other than building duplexes which he felt were not in the best interest of the City;

Ms. Marsha Biggerstaff, 1322 Puetts Chapel Road stated new and expensive homes were being built in the area and traffic was already an issue. She felt that duplex units would bring down the property value and the ones to be built were only 800 square feet which is too small for a family. Ms. Biggerstaff said she loved her neighborhood because it was quiet and that she preferred single family housing for the area; Mr. Doug Arthurs, Attorney representing Mr. & Mrs. Kiser stated that there had been no evidence presented that would justify the property being rezoned. Only the best use of the property should be considered. One month ago a Conditional Use Permit was considered by the Board of Adjustments and was denied – now a rezoning request is being considered. Duplexes will set precedence and there is no reason to condemn the street. It is unfortunate that Gaston County Building Inspections made a mistake in issuing a building permit, but his clients should not have to bear the burden of that mistake. Mr. Arthurs advised that his clients would have objected to the first rezoning if they had been aware of it. There being no reason to diminish the neighborhood further, Mr. Arthurs requested that the rezoning be denied.
City Planner Kevin Krouse reviewed the rezoning request and then answered questions from the Mayor and Council. The Public Hearing was closed upon motion of Howard Jones, second of Kay McCathen and unanimous vote. During discussion City Attorney Smith advised Council that the previous action of the Board of Adjustments to deny the Conditional Use Permit should not be considered in the current request for a rezoning – a different set of rules and standards apply to the Board of Adjustments. He advised that Mr. Lutz had every right to come before Council with his rezoning request and that Council has the legislative authority to zone the property to whatever they think it should be zoned based on good land use planning. The Attorney also reminded the Council that the neighbors have the legal right to file a protest petition, which in essence changes the voting requirements from a simple majority to a ¾ voting requirement or super majority. Motion was made by Becky Smith to approve the rezoning request stating further that the proposed rezoning is consistent with the land use plan and is reasonable and in the public interest. Motion was seconded by Marilyn Best. Voting in favor: Becky Smith, Marilyn Best, Kay McCathen, Jim Long and Wayne Massagee. Voting opposed: Howard Jones.
C. Proposed FY 2008/09 Budget & Adoption of the Budget Ordinance –
A Public Hearing was held on the FY 2008/09 Proposed Budget as required under General Statutes. The City Manager reported that the changes as directed by Council at the Budget Work Session had been made. He thanked staff for all the hard work during the process. The budget’s total for FY 2008/09 is $10,011,617. Motion to open the Public Hearing was made by Jim Long, seconded by Kay McCathen with unanimous vote. There being no one to speak in favor or in opposition of the proposed budget, the hearing was closed by motion by Jim Long, second by Wayne Massagee and unanimous vote. Council commented that the budget appeared to be well thought out and conservative. Motion to adopt the 2008/2009 Budget Ordinance as presented was made by Jim Long, seconded by Kay McCathen and passed unanimously. (A copy is on file in the Resolution/Ordinance Book at City Hall).
Adoption of the 2008 Classification & Pay Study
Becky Veasey presented the new Classification and Pay Study as prepared by the
MAPS Group at the Budget Work Session on May 19, 2008. Following her presentation, Ms. Veazey advised Council of the items that would need their approval to incorporate the new study. Following a brief discussion of the new Classification and Pay Plan, motion was made by Marilyn Best, seconded by Howard Jones and passed unanimously to adopt the plan as follows:

A. Implementation of Option 3 (with minor adjustments)
B. The Salary Schedule
C. The List of Classes (Grades & Classifications)
D. Resolution adopting the Personnel Policy (with minor grammatical changes) (A copy is on file in the Resolution/Ordinance Book at City Hall).
Manager’s Report

1. The wooden structure on top of the old movie theater building (beside Central Drug Store) is going to be torn down in the next two weeks.
2. The parking lot expansion project at the new swimming pool complex has begun and should be completed in the next week or so.
3. The ABC Store audit report indicated that sales are up slightly as a result of changes made by the ABC Board in the operations of the store resulting in reduced overhead and operating expenses. The report was presented with a check in the amount $18,686.00.
4. Due to a recent incident, the City is investigating the addition of security cameras for the pool complex.
5. The Gas Department recently had a State Utility Inspection and passed all of the criteria. Implementation of suggestions for the overall operation of the department has begun.
Stage II Water Restrictions
Manager Farris distributed a Stream Flow Average Data Chart and explained that due to the reduced stream flow in Long Creek, he along with the Public Utilities Director were recommending that Stage II Water Restriction be put in place. Mayor Hovis added that he would call Kings Mountain’s Manager regarding his request for a plan for the long-term purchase of water should it be needed. He again expressed appreciation to the citizens for their conservation during the previous restrictions. Marilyn Best moved to endorse the recommendation of the City Manager and Public Utilities Director to enact Stage II Water Restrictions and further added authorization for them to take restrictions to the next level if necessary. Motion was seconded by Jim Long. Voting in favor: Marilyn Best, Jim Long, Kay McCathen, Wayne Massagee and Becky Smith. Voting opposed: Howard Jones.

Water Rate Study
Council was furnished with a Tiered Rate Schedule in regards to a Water Rate Study conducted by the Public Utilities Director, Lee Hayes. Manager Farris reported to receive any assistance from the State, they had recommended a 64% increase in water rates ($29/5,000). He and Mr. Hayes reviewed the State’s request and put together the tiered structure as distributed. Based on this structure the Manager recommended a .20/1000 gallons increase to current rates with an additional increase to be considered for the next two year period. Current rates for finished water would increase from $4.48 to $4.68 per 1000 gallons. Marilyn Best moved to adopt a Resolution to amend Water Rates Effective with Readings Beginning July 1, 2008 (August billing), seconded by Howard Jones. Voting in favor: Marilyn Best, Howard Jones, Becky Smith, Kay McCathen and Jim Long. Voting opposed: Wayne Massagee. (Copy of Resolution on file in Resolution/Ordinance Book at City Hall).

Note: Councilmember Best excused herself from the meeting at 8:50 PM to return to work.

Increased Water Usage by Dole Plant
The City Manager and Public Utilities Director reported on problems in keeping the million gallon tank on Skyland Avenue filled due to increased water usage by the Dole Plant. Mr. Hayes advised that he is experiencing a scheduling problem with his current staff and stated he may have to request approval of an additional operator’s position in the future to allow the plant to operate on two shifts to insure an adequate water supply.

Council General Discussion
(The following items were introduced during general discussion):

Look at and consider adoption of Animal Ordinance used by the Town of Holly Springs – a copy has been furnished to Captain Dunivan for review and input; watch Ozone levels plan outdoor events accordingly; discussion with the NPO Staff regarding a plan for a greenway in Bessemer City; need to pursue completion of the demolition project at McBess Industries – it is unsafe and a major eyesore with reports of someone living in tower; walls in Centennial Park in need of painting; look at opening swimming pool at 10:00 AM on Saturdays if cost effective;

Councilmember Jones expressed concerns regarding the bids for the parking lot expansion (at the swimming pool) not being brought before the Council for approval. Mr. Jones reported that he talked to the Manager who informed him that he had opened the bids and made the decision and that the $32,000 bid did not come to Council for a vote. Mr. Jones went on to say that Council is liable for decisions and he could not find anywhere in the rules or ordinances where Council can delegate their business to the staff. Mr. Jones then made a motion that all bids over $10,000 come before Council for a vote. (The City Attorney asked if this was a services contract and advised that State Law has procedures on bidding for acquisition of goods; however he would check on requirements for service contracts). Mayor Hovis advised that the motion on the floor needed a second for further discussion and being none, the motion died for lack of a second. Mr. Jones stated that if he could not do his job right he would not do it all and tendered his resignation (he advised Mayor Hovis that he would have a written resignation on his desk the following morning). Mayor Hovis replied he did not think this action was necessary as we would not always agree on things; however, we operate in a democracy where the majority rules. Mayor Hovis felt this was a hasty decision and while it was not his wishes for Mr. Jones to resign he would respect his decision. Attorney Smith suggested that the matter be discussed in another session, following a report to the Council on the Manager’s authority under State Statutes Mr. Jones said he had brought this matter up before and again advised he would have his resignation to the Mayor and the Board of Elections the next morning.

Adjourn
There being no further business, motion to adjourn at 9:10 PM was made by Kay McCathen, seconded by Becky Smith and passed.

Janice M. Costner, City Clerk William R. Hovis, Mayor