May 11, 2009 City Council Meeting

June 10, 2009 – 11:35 am

The Bessemer City Council met in regular session on May 11, 2009 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.  Council Member Marilyn Best was absent due to illness.  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 prayer asking special blessings for Council Member Best who is facing surgery and for the families of Wilber Owens who passed away on May 10 and Dr. Glenn Kiser who passed away on May 8.  Mayor Hovis then led in the Pledge of Allegiance.

Adjustment & Approval of May Agenda
By motion of Jim Long and second of Kay McCathen, the May agenda was unanimously approved as submitted.

Special Presentation
Mayor Hovis read a proclamation proclaiming the month of May, 2009 as Motorcycle Awareness Month in Bessemer City.  Mayor Hovis then recognized Mr. Bill Starnes of the Concerned Bikers Association and presented him with a signed original of the proclamation.  Mr. Starnes expressed his appreciation for the proclamation and stated it was deeds such as adoption of a proclamation that promoted motorcycle safety awareness in communities and schools.

Approval of Minutes
By motion of Jim Long and second of Kay McCathen, the minutes of the April 13, 2009 meeting were unanimously approved.

Consent Agenda
The following items of the Consent Agenda were unanimously adopted by motion of Wayne Massagee and second of Becky Smith:
A)  ABC Board Appointments:  Council reappointed Curt Williams and Roy Rhyne, Jr. to serve another three year term on the Bessemer City ABC Board.  Terms will end in May, 2012.
B)  Schedule Budget Work Session:  Council scheduled the 2009/2010 Budget Work Session for May 18, 2009 beginning at 8:30 AM at City Hall.
C)  Collis & Associates – Audit Contract:  Council approved the contract of Collis & Associates to audit City accounts for the fiscal year ending June 30, 2009.  Contract fee is $20,050 with an additional $2,200 if a “Single Audit” is required.  (A Single Audit is required when federal or state grant funds of $500,000 or more are received).  Preparation of the financial statements is an additional $7,695.
D)  Planning Board Appointments:  Council approved reappointments of inside board members Bonnie Gehring and Ronald Burleson.  Council also approved the inside appointment of Danny Garrett to complete the term of Shilo Canipe who recently resigned.  Mr. Garrett’s term will end in June 2011.  The outside reappointments of Ben Best and Mack Jenkins will be recommended to the Gaston County Commissioners.  (Council asked that applicants to City Boards appear at the Council Meeting and that new applications be obtained on members interested in reappointment).
E)  Request for Text Change (TC09-02) to Chapter 93 of the City Code:   Council adopted an ordinance on a staff initiated text change for Chapter 93 of the City Code which will include more detailed and stricter regulations on domestic animals.  (Copy on file in Ordinance Book at City Hall).

Demolition Ordinance for 105 North 11th Street
Code Enforcement Officer, Jeffrey Kirchner reviewed an order for demolition of property located at 105 N. 11th Street.  Mr. Kirchner advised that Code Enforcement had been dealing with the vacant property for at least six years.  The property had not been repaired and appeared to be used by vagrants, who had further damaged the interior of the structure.  Mr. Tim Anderton, the property manager and the person in control of the property, did not attend a hearing scheduled for November 13, 2008.  The Findings of Fact stating the structure was dilapidated and ordering it demolished within sixty days was mailed to Mr. Anderton on November 26, 2008.  It has been almost six months and the structure has not been repaired or demolished.  Mr. Anderton has advised he was trying to sell the property, but as of the Council meeting there were no plans to repair or demolish any time soon.  Upon motion of Jim Long and second of Wayne Massagee and unanimous vote an ordinance was adopted directing the Code Enforcement Officer to demolish and remove the structure on the premises known as 105 N. 11th Street.  (Copy on file in Ordinance Book at City Hall).

Façade Improvement Grant Program (FIG)
City Planner, Kevin Krouse reviewed the Façade Improvement Grant Program with Council.  The purpose of the program is to encourage private investment in the restoration of building facades in the downtown area.  A 50/50 matching grant up to $2,500 would be awarded for projects such as canvas style awnings, paint removal from brick surfaces by chemical and water wash methods, tuck-pointing of brick, repair of cornices, repair/replacement of windows and doors with compatible materials and design.  Once the program is approved and funded, applications for the FIG would be accepted by the Planning Department and awarded to eligible applicants until all funds are expended.  Upon motion of Wayne Massagee and second of Becky Smith, the Façade Improvement Grant Program was unanimously approved.

24-Hour Parking in Downtown Are
Planner Krouse advised that complaints continue regarding cars parked in the downtown area for extended periods of time (sometimes up to weeks at a time).  Under the Abandoned Vehicle Ordinance, a car must be parked in the same location for seven days before it’s declared abandoned and removed.  The City’s parking restrictions (City Code, Section 73.04 – Parking Restrictions) allow the City to post signs restricting parking by length of time.  Mr. Krouse recommended that signs be posted and that the penalty for violation be amended to $25.00 per violation.  Discussion followed regarding where to place the signs, parking for mixed use (business/residence), overlay area, opening the issue up for public input, and a number of other exceptions.    Following discussion, Jim Long moved to order and post 24-hour parking signage in the City’s overlay district, seconded by Becky Smith with unanimous vote. 

Discussion on Adoption of the Land Use Plan
Planner Krouse advised that the map and power point presentation for the Land Use Plan are complete and ready to be presented to the Mayor and City Council.  The presentation will take approximately one hour and could be done either in a special meeting or at the regular June Council meeting.  At the Mayors recommendation, a work session will be held at 6:00 PM prior to beginning the regular June 8th Council meeting.

Council General Discussion
Look into and report back on dog kennels in the front yard of a residence on Texas Avenue; need update on old Natural Selections building (the City Planner advised that the building could be given to a non-profit group and at the present time James Luster of Centralina Council of Government is looking into this possibility); new digital sign needs protection from road traffic; facilities at Kevin Millwood Park need attention – several complaints received; speeding up & down Virginia Avenue; old bus parked at Al’s Garage; meeting was held on the environmental impact of the proposed Garden Parkway and the recommended route;  Down Home Festival Committee did a great job – only problems noted were dogs, bicycles, skateboards and golf carts;  Crowder’s Mountain Fire/Rescue requested to be moved to the 12th Street area for next years’ festival; check on fire report (times in/out), draft letter (for Mayor & Council to sign) to Summerdaze Band regarding the wonderful show they put on during the Friday night festival;  work on permit system for golf carts at festival; Natural Selections Building – 90 days to have plan for the building or remove; City Manager was approached regarding purchase of 8.7 acres next to the Surf & Turf Restaurant (to build a church) – the Manager was directed to check into having the parcel appraised and report back to Council.

Closed Session: Acquisition of Property Under GS 143-318.11(a)(5)
Upon motion of Jim Long and second of Becky Smith, a Closed Session under General Statutes 143-318.11(a)(5) was held.Upon return from Closed Session, Mayor Hovis announced that no action was taken during the session.

Adjourn
There being no further business, the meeting was adjourned at 8:30 PM by motion of Jim Long, second of Becky Smith and unanimous vote.
Janice M. Costner, City Clerk
William R. Hovis, Mayor

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