Bessemer City News

April 13, 2009 City Council Meeting

The Bessemer City Council met in regular session on April 13, 2008 at 7:00 pm in the council chambers of City Hall.

Members Present
Mayor Bob Hovis; Council Members: Wayne Massagee, Kay McCathen, Marilyn Best, Melanie Colvin, Becky Smith and Jim Long. 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 led in the opening prayer, followed by the Pledge of Allegiance.

Adjustment & Approval of April Agenda
By motion of Marilyn Best and second of Wayne Massagee, the April agenda was unanimously approved with the addition of a “Personnel Matter.”

Special Presentations
The following proclamations were unanimously adopted by motion of Jim Long and second of Kay McCathen: 

Approval of Minutes
By motion of Becky Smith and second of Melanie Colvin, the minutes of the March 9, 2009 Council meeting were unanimously approved.

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

Award of Bid & Approval of Resolution Approving Financing Terms
Bids were opened March 25, 2009 for the financing of the Truck Mounted Sewer Cleaner and Positive Displacement Vacuum Trailer that was ordered earlier in the year. Bids for financing were received from First National Bank (3.5%), SunTrust Bank (3.25%), RBC Centura (4.08%) and BB&T (3.44%). By motion of Marilyn Best and second by Becky Smith, the low bid of SunTrust Bank in the amount of 3.25% was unanimously approved by Resolution. (Copy on file in Resolution/Ordinance Book at City Hall).

Kiser Appeal of Code Enforcement Decision (BE08-01 – 311 E. Virginia Avenue)
A Notice of Appeal of the decision of the Code Enforcement Officer was received on February 6, 2009. Ms. Jenny Kiser filed the appeal in regards to property located at 311 E. Virginia Avenue (Bessemer City Oil Company). City Attorney David Smith advised that this is an appeal from the decision of the Code Enforcement Officer to remove dilapidated structures. Under General Statutes, the appeal comes before the City Council as the determining body. The hearing was conducted as quasi-judicial, meaning all testimony was sworn, the meeting recorded and the evidence produced would be introduced into evidence. Attorney Smith stated that Council’s decision should be based on the evidence and it was their job to decide whether to affirm or reverse the Code Enforcement Officer’s decision to order removal of dilapidated structures. The vote on this one issue will be by majority vote. Attorney Smith would advocate the City’s position and Attorney Doug Arthurs would advocate Ms. Kiser’s position. The following people were sworn by the City Clerk: Jeffrey Kirchner, Kevin Krouse and Jenny Kiser.

Code Enforcement Officer, Jeffrey Kirchner, reviewed the timeline associated with the case. The Findings of Fact and Order dated on January 23, 2009 found that the structures (which are the remnants of a gas station that was located on the property) referenced in the Code Violation List are in violation of Sections 160A-426 through 160A-432 of the North Carolina General Statutes. It was the finding of the Code Enforcement Officer that the structures associated with the closed gas station, located at 311 E. Virginia Avenue, were vacant and the original use had been abandoned. The structures were dilapidated because they had not been maintained or repaired since the closing of the gas station. The structures and the use are obsolete and non-conforming to the Unified Development Ordinance. The Findings of Fact ordered a corrective action of demolition within ninety days of the letter. This remedy is allowed in G.S. 160A-429 and it was the Code Enforcement Officer’s opinion that demolition is the only way to remove the blight caused by the structures. It should be noted that the order to correct the sign violations, as listed on the Code Violations Form, was rescinded by the administrator since appeals of the UDO must be heard by the Board of Adjustments.

Attorney Arthurs questioned the Code Enforcement Officer regarding the Findings of Fact in regards to the current condition and safety of the structures. He also questioned the possible uses permitted on the property and its conformity to the Unified Development Ordinance. Attorney Arthurs advised that the structures are not a hazard or unsafe and that Ms. Kiser had made some improvements to the property. He felt removal of the structures was unwarranted.

Planner Kevin Krouse stated it was a directive of the City Council to clean up properties in the redevelopment area (CDTA). In his opinion, the property in question was abandoned and contributed to the blight of the area.

Ms. Jenny Kiser provided current photos of the property and stated the tanks were removed in the early 90’s and the property was fenced in after vandals damaged the cashier’s shelter.

Attorney Smith stated that the Planning Department’s position in this matter is simple. It is their job to enforce the ordinance inside the Community Development Target Area, which in this case is the central business district. According to General Statutes, an unsafe structure is any structure that is either vacant or abandoned and blighted. The property is not serving any purpose and hasn’t for the past seventeen years or more. No plan has been submitted for the use of the property. Attorney Smith reviewed, once again, that Council, based on the evidence, should affirm or reverse the decision of the Code Enforcement Officer. Motion was made by Jim Long to affirm and uphold the decision of the Code Enforcement Officer, seconded by Marilyn Best. Voting in favor: Marilyn Best, Jim Long, Becky Smith, Melanie Colvin and Kay McCathen. Voting in opposition: Wayne Massagee.

Council General Discussion
Request to keep Mike Horne in our prayers; new generator being installed at Crowder’s Mountain Fire Department; spay and neuter; ditches running over due to debris; dumpster screening at Central School should be completed this week; LED Sign should be up by festival; guardrail needed at drop off on 9th Street; wrecked cars parked on E. Virginia Avenue; trucks have trouble turning around in the 300 block of W. Virginia Avenue – barricade or reflective signage needed; Mayor and Councilmember Colvin attended the Manager and Council Self-Assessment seminar that was recently held in Asheville; revisit contract with Phoenix Tank Company regarding removal of East-end tank; Attorney Smith appointed to Sales Tax Distribution Committee – he needs additional information from City prior to next meeting.

Personnel Matter
By motion of Jim Long, second by Marilyn Best and unanimous vote, a Closed Session was held for discussion of a personnel matter under G.S. 143-318.11(a)(6). Upon return from Closed Session, Mayor Hovis reported that a personnel matter was discussed with no action taken.

Adjourn
There being no further business, motion to adjourn at 9:00 PM was made by Jim Long, seconded by Kay McCathen and passed.