Bessemer City News

City Council Meeting – August 10, 2009

The Bessemer City Council met in regular session on August 10, 2009 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. Also present were City Manager Allan Farris and City Attorney David Smith.

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 August Agenda

By motion of Becky Smith and second of Kay McCathen, the August agenda was unanimously approved as submitted.

Approval of Minutes

By motion of Marilyn Best and second of Melanie Colvin, the minutes of the July 13, 2009 meeting were unanimously approved.

Requests to Speak/Opportunity for Public Comment

Ms. Terry Albright Kenny, Animal League of Gaston County and Spay/Neuter Clinic Coordinator, addressed Council regarding the new low cost Spay/Neuter Clinic that recently opened on Franklin Avenue in Gastonia. Ms. Kenny thanked the members of City Council and City Staff who attended their grand opening and for their support. The Animal League of Gaston County (ALGC) is involved in nearly every aspect of animal welfare in the county. Since 2002, the ALGC has worked to reduce the number of animals euthanized at animal shelters in the area. It is their goal to reduce euthanasia by increasing the number of adoptions/rescues at the shelter and to make spay/neuter services available at a low cost. With the exception of a veterinarian and vet-tech, the staff is made up of volunteers. In closing, Ms. Kenny stated that the clinic provided services to 150 animals in the opening week and that they are in need of volunteers and donations. Donations of food and medical supplies should be dropped off at the clinic. Council unanimously adopted a “Resolution in Support of the Animal League of Gaston County and the Low-Cost Spay/Neuter Clinic” by motion of Wayne Massagee and second by Marilyn Best. (Copy of Resolution on file at City Hall).

Consent Agenda

The following items of the “Consent Agenda” were unanimously approved by motion of Jim Long and second of Becky Smith:

A) Solicitors and Canvassers Application – A telephone poll was conducted on July 20, 2009 regarding applications for Solicitors/Canvassers Permits to sell residential Home Security Systems/Products. The applications were forwarded to Police Captain Steve Myers for background checks. The applications were signed off on by Captain Myers who also indicated that the applicants were to complete their door to door sales on July 28, 2009. Council ratified the telephone poll that resulted in the vote to deny the permits for door to door solicitation as follows. Voting to deny was Wayne Massagee, Becky Smith, Jim Long, Melanie Colvin and Marilyn Best. Council Member Kay McCathen was out of town.

B) Stimulus Application Approval – A telephone poll was conducted on July 27, 2009 following receipt of a letter from the NC Department of Treasurer announcing the approval of $96,500 for solar mixers that was applied for in the City’s Stimulus Application Package. The approval came in the form of a State Revolving Loan in which one-half of the principle would be forgiven and the City given twenty years to pay back the other half at zero percent interest. The City was given until August 7, 2009 to decide if they wanted to accept the State’s offer. Council ratified the telephone poll that resulted in a unanimous vote to accept the funds.

Bessemer City Fire Department Rules and Regulations

The last update to the Volunteer Fire Department’s Rules and Regulations was approved by City Council in 1991. Following review of the eighteen year-old policy, the City Manager and Fire Chief developed the update in conformance with General Statutes and the Bessemer City Code of Ordinances. The City Manager advised that the update was presented as a draft and he welcomed feedback from the City Council. By motion of Marilyn Best and second by Jim Long, the updated rules and regulations were unanimously approved as submitted. (Copy of BCVFD Rules/Regulations on file at City Hall).

Bessemer City Optimist Club Agreement

The City Manager was asked at the June 8, 2009 Council Meeting to work with the Recreation Director and the Optimist Club to develop an agreement for use of the City’s ball fields. An agreement was drafted using a combination of guidelines that had proven effective in other cities. The resulting agreement was presented to City Council for their consideration. Discussion of the agreement included proof of insurance and verification of bathroom cleaning along with development of a generic agreement for anyone requesting use of City facilities. The City Attorney will review the agreement and make legal changes as needed. When the draft is complete, the City Manager and Recreation Director will meet with the Optimist Club for further review.

Residential Door to Door Solicitation

The City occasionally receives requests from people and organizations who wish to go door to door for the purpose of solicitation. The City’s Code of Ordinances does not address door to door sales; however, there has been a long standing practice where an application is completed and Council action is required to approve or disapprove the request. This practice places Council in a precarious position to make a decision on an individual basis and usually with little time to consider the request. City Attorney, David Smith advised that General Statute’s 160A-178 allows the City to develop an ordinance to regulate or restrict solicitation from the public. City Planner, Kevin Krouse asked for direction prior to the development of an ordinance regarding residential solicitation. Council expressed that while it was not their desire to restrict the sale of Girl Scout cookies, school projects, etc. they definitely wanted restrictive guidelines developed. Staff will gather ordinances from other municipalities for Council’s review at the September meeting.

NCLM Risk Management Wellness Initiative Agreement

The NC League of Municipalities announced a “Wellness Initiative Program” at their Spring Workshop that was held in Morganton. The Wellness Initiative is a multifaceted program designed to improve the quality of life by evaluating present health status and making realistic suggestions and recommendations for future improvement. Bessemer City currently participates in the League’s Municipal Insurance Trust, Property/Liability Insurance Trust and Worker’s Comp programs; therefore, the $150.00 fee per participant would be waived. The City Clerk agreed to serve as the on-site coordinator if Council approved the agreement. The NCLM’s Wellness Initiative Participation Agreement was unanimously approved by motion of Jim Long and second by Kay McCathen. (Copy of Agreement on file at City Hall).

Council General Discussion

Items discussed as follows: Appreciation expressed for the vision presented on the “Small Area Plans” by Deb Ryan; good comments continue on the City’s new digital sign; telephone poles on Virginia Avenue need removing; talk with Duke Power regarding their tree cutting policy; graffiti on buildings around town; Community Watch information; slow down – it’s back to school time; Central School residents may be interested in volunteer work at new Spay/Neuter Clinic; the new Spay/Neuter Clinic is a wonderful asset to the area; Linville Court needs more police patrol; appreciation expressed for the Community Police Outreach Program held on West Ormand Avenue and for speed zones; add “Open Items” list on future agendas.

Closed Session

Council voted unanimously to hold a “Closed Session” to conduct the City Manager’s review under GS 143-318.11(A)(6) by motion of Marilyn Best and second of Jim Long. The City Manager, City Clerk and City Attorney were excused from the session.

Upon return from “Closed Session” Mayor Hovis reported that the City Manager’s review was conducted with no action taken. Council will review their findings with the City Manager at the September meeting.

Adjourn

Being no further business, the meeting was adjourned at 9:04 PM by motion of Marilyn Best, second by Kay McCathen and unanimous vote.

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