Bessemer City News

December 2008 City Council Meeting Minutes

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

Members Present
Mayor Bob Hovis; Council Members:  Wayne Massagee, Kay McCathen, Melanie Colvin, Becky Smith and Jim Long.  Marilyn Best arrived late.  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 and opened with prayer.  He asked that a moment of silent prayer be observed in special remembrance of the lives lost on Dec. 7, 1941.  Mayor Hovis then led in the Pledge of Allegiance.

Adjustment and Approval of December Agenda
Upon motion by Wayne Massage, second by Kay McCathen and unanimous vote, the December agenda was amended to add “Item 9B” – Request approval for Council Member Jim Long to attend “Facilitation Training.”  

Approval of Minutes
The minutes of the November 10, 2008 meeting were unanimously approved by motion of Jim Long and second of Kay McCathen.

Consent Agenda
The items of the Consent Agenda were unanimously approved upon motion by Wayne Massagee and second of Becky Smith as follows: 

• a)   Enforcement Response Plan – Council approved the revised Enforcement Response Plan as reviewed by the Division of Water Quality who indicated the plan was adequate and in line with State requirements.   This plan, along with the Sewer Use Ordinance, gives the City the necessary authority to take any necessary action to insure that all permit requirements are in compliance.
• b)   Utility Agreement with Department of Transportation (NC 274 Highway Project) – Council approved the agreement with the DOT for highway improvements under Project U-3405, from Maine Avenue to west of NC 275.  The utility work is to be performed by the DOT with the City responsible for the cost of piping which is estimated at $118,566.20.  One-half of this amount is currently approved in the 2008/2009 budget and since the project won’t go out for bid until March of 2009, the remaining cost will be included in the 2009/2010 budget.
• c)   Appointment of Delegate and Alternate to Centralina COG – Council appointed Kay McCathen to serve as the City’s 2009 delegate to Centralina COG and Bob Hovis was appointed as alternate.  

(Council Member Best arrives at the meeting) 

CONNECT Status Report & Resolution
Mr. Bill Duston, Centralina COG, made a presentation regarding the CONNECT Vision and Action Agenda and asked for the City’s endorsement by adoption of a Resolution of Support.  CONNECT is a regional vision that’s been in the works for the past two years.  It is the first regionally-adopted comprehensive vision for the Greater Charlotte Bi-State Region and covers 17 counties, 2 states and 2.5 million people. CONNECT sets the framework for working together to solve problems and organize coming growth. Mr. Duston outlined the CONNECT Core Values and explained what the process could do for the community.   A complete copy of his proposal will be available at City Hall or online at  www.cogsconnect.org.  A Resolution of Support was unanimously adopted by motion of Jim Long and second of Kay McCathen.  (Copy on file in Resolution/Ordinance Book at City Hall).

Safe Routes to School Supporting Resolution
The “Safe Routes to Schools Program” is a Federal-Aid program of the U.S. Department of Transportation’s Federal Highway Administration (FHWA).  The program is funded at $612 million over five Federal fiscal years (2005-2009) and is to be administered by the State Department of Transportation.  The program provides funds to the States to substantially improve the ability of primary and middle school students to walk and bicycle to school safely.  The infrastructure grant program is a cost reimbursement program.  This competitive reimbursement program is 100% federally funded – no local match is required.  Grant recipients must be able to cover the costs of the project and will be reimbursed during the course of project implementation.  All costs submitted for reimbursement are subject to eligibility requirements and must comply with a reimbursement agreement executed between NCDOT and the recipient.  North Carolina is providing infrastructure grants in the amount of $100,000-300,000 to selected applicants.  City Planner, Kevin Krouse, is working with the Gaston MPO and Blaire Israel in preparing a grant application.  Council unanimously adopted a resolution in support of the project and the grant application by motion of Jim Long and second of Marilyn Best.

Award of Contract for Truck Mounted Sewer Cleaner & Trailer
Following proper advertising, bids were opened at City Hall on November 18, 2008 at 2:00 PM for

1. A Truck Mounted Sewer Cleaner and 
2. A Positive Displacement Vacuum Trailer.  Total bids received were as follows:  J.F. McDermott Corp.  - $261,830.00; Adams Equipment Company - $260,723.25; Rodders & Jets Supply Co. – $259,408.28.  

Council unanimously approved the low bid of Rodders & Jets Supply in the amount of $259,408.28 by motion of Becky Smith and second of Marilyn Best.

An Ordinance to Amend the City Code Regarding Regulation of Alarm Systems
False alarm fire calls were discussed at the November Council meeting. The reasonable regulation of alarm systems is necessary to reduce false alarms, avoid the unnecessary and costly commitment of City resources, and preserve the emergency response capability of the City.  At the direction of City Council, staff prepared an ordinance for consideration. 

Service charge assessments for false alarms were as follows:  

• Excessive False Alarms: It is hereby found and determined that the occurrence of three (3) or more false alarms from any one user within a year is deemed excessive and constitutes a public nuisance.
• Year Term:  A year is any period of 12 consecutive months following the occurrence of a false alarm.
• Schedule of Fines for excessive false alarms requiring Fire Department response:
  • False alarm #1 & #2……………………..fines waived
  • #3, #4, & #5 false alarms………………$50.00
  • #6 & #7 false alarms…………………….$100.00 each
  • #8 & #9 false alarms…………………….$250.00 each
  • #10 & consecutive false alarms………$500.00 each

Upon motion of Marilyn Best and second of Wayne Massagee, An Ordinance Regulating False Fire Alarms was unanimously adopted with an effective date of January 1, 2009.  (Copy on file in Resolution/Ordinance Book at City Hall).

Request to Attend Facilitation Training
Council Member Long’s request to attend Facilitation Training (offered through the Gaston County Chamber of Commerce) at a cost of $55.00 was unanimously approved by motion of Marilyn Best and second of Kay McCathen.

City Manager’s Report

1. Washington Avenue & North 6th Street Projects:  Neill Construction has completed the Washington Avenue and the North 6th Projects.  The re-paving of Washington Avenue is scheduled.
2. Water System Study:  MacTec Engineering has completed the first phase of the City’s Water System Study.  Findings show that the City has approximately 17% of unbilled water going through the system.  While this is not an unusually large percentage, it certainly deserves corrective measures.   The second phase of the study could not be approved by DWR until these numbers were realized.  The City has approval to proceed with the Leak Detection Study.
3. Water System Grant:  Work is ongoing with Cavanaugh Associates regarding a $30,000 grant (20% match by the City) to be used for identifying leaks in the water system.  It has recently come to light that the North Carolina Rural Center has excluded Gaston County from receiving grant funds.  Because of its close proximity to Gastonia and Charlotte, Bessemer City is classified as an “Urban Area”.  There is federal funding that is to be shared by all 50 states and the North Carolina portion could be as much as $150 million.  This funding would be used for leak detection and actual repairs along with other water related infrastructures.

City Attorney Report
City Attorney, David Smith reported that the City won the appeal by Morris Communications (Fairway Outdoor Advertising) when it went to court on October 31.  However, Morris Communications appealed the decision to the North Carolina Court of Appeals.  Attorney Smith estimated the cost of defense to the City for continuing to the higher court at $2,000 to $5,000.  Following discussion regarding funds already spent on this issue, motion to continue the case was made by Becky Smith, seconded by Melanie Colvin with unanimous vote. 

Council General Discussion 
Good comments regarding the clearing of the McBess Industries property; thanks from the Women’s Club for help on the Christmas in the City event; thanks to the Gaston County Police for their assistance with the event, especially traffic control; dumpster at Central School Apartments needs screening; trash still a problem on the Richardson property located beside the City’s ball fields; website emails regarding transportation and other issues; animal concerns.

Adjourn
There being no further business, motion to adjourn at 8:00 PM was made by Jim Long, seconded by Wayne Massagee and passed.

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