City Council Meeting – September 14, 2009
September 14, 2009 – 11:50 amThe City Council met in regular session on September 14, 2009 at 7:00 PM in the Council Chambers of City Hall.
Members Present
Mayor Bob Hovis; Council Members: Wayne Massagee, Melanie Colvin, Becky Smith and Jim Long. Marilyn Best arrived late at 7:20 PM. Kay McCathen 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 the opening prayer, followed by the Pledge of Allegiance.
Adjustment & Approval of September Agenda
Upon motion by Jim Long and second by Becky Smith, the September agenda was unanimously approved as submitted.
Special Presentations
A) Special Award to Hannah Baldwin - Mayor Hovis introduced Miss Hannah Baldwin of Bessemer City who recently won the title of Miss Gastonia’s Outstanding Teen 2010. He invited Hannah’s parents, Mr. & Mrs. John Baldwin and Todd Hagans, Business Manager for the Miss Gastonia Scholarship Association to join Hannah at the podium. Hannah’s bio, read by Mr. Hagans, included her public appearances, her college plans and church activities along with her community service program titled No Pet Left Behind which promotes the importance of pet adoption and responsible pet ownership. A talented singer, Hannah has recorded a six-song demo CD. She is a member of Extreme Productions, was a finalist for the Colgate Country Showdown talent competition, and has performed at Lowe’s Motor Speedway and for the Charlotte Knights and Gastonia Grizzlies. Mayor Hovis presented Hannah with a special heart shaped award from the City congratulating her on her achievement. Hannah thanked the City for their support and spoke briefly on her community service program.
B) Constitution Week Proclamation – Mayor Hovis read a Proclamation declaring the week of September 13-19, 2009 as Constitution Week in Bessemer City. The Proclamation was unanimously adopted by motion of Becky Smith and second of Wayne Massagee.
Approval of Minutes
By motion of Jim Long and second by Melanie Colvin, the minutes of the August 10, 2009 meetings were unanimously approved.
Requests to Speak/Opportunity for Public Comment
Ms. LaVerne Partlow, Education Coordinator for the Gaston County Health Department, spoke regarding overweight or obese children and adults in Gaston County. She pointed out a number of increased health risks associated with obesity, including elevated health care cost. Ms. Partlow read a resolution by the Gaston County Board of Health declaring obesity to be a major public health problem and a serious threat to the health and well being of children and adults. The Board of Health asked that all schools, government agencies and private businesses adopt and implement policies to reduce the consumption of excessive calories and promote physical activity. Wayne Massagee asked about the recommended policies that were mentioned in the resolution. Ms. Partlow apologized for not bringing the policies, but stated she will be sure that Bessemer City gets a copy. Motion was made by Jim Long to endorse the Board of Health’s Resolution by joining in and supporting the fight against obesity, seconded by Becky Smith. Voting in favor: Jim Long, Becky Smith, and Melanie Colvin. Voting in opposition: Wayne Massagee. (Copy on file in Resolution/Ordinance Book at City Hall) (Marilyn Best arrives at the meeting at 7:20 PM).
Consent Agenda
The following items of the “Consent Agenda” were unanimously approved by motion of Becky Smith and second of Wayne Massagee:
A) Overnight Travel Request – Approved request of City Planner to attend the 2009 NCAPA Conference in Greensboro from September 30 – October 2.
B) Demolition Ordinance for S. Mickley Avenue (Tax Parcel #122522) – Approved Demolition Ordinance for property on S. Mickley Avenue, Tax Parcel # 122522. This property owned by Gwendolyn Smith has been vacant for more than ten years. It has been vacant so long that it does not have an assigned address and does not have a water meter. A hearing was held on the property on August 15, 2005. Representatives of Ms. Smith did attend the hearing. The “Findings of Fact” was mailed on August 16, 2005 and stated the structure was dilapidated and ordered the structure to be demolished within sixty days. After four years, the structure has not been repaired or demolished. Attempts to contact Ms. Smith and her family have failed. The house is in violation of every minimum housing code section. It is dilapidated and far beyond the 50% cost of repair mark. In recommending demolition, Code Enforcement Officer Jeff Kirchner advised that if the structure was not removed, it would stay in this nuisance condition until it collapsed. Mr. Kirchner estimated the cost of demolition at $2,500. (Copy on file in Resolution/Ordinance Book at City Hall).
Cleveland County Water Impoundment Presentation
Kings Mountain Mayor Rick Murphrey and Mr. Ron Geiger, Representative with HDR & Associates, made a presentation regarding Kings Mountain’s proposed new reservoir. Mayor Murphrey stated that this visionary project looks out over a fifty-year period for a clean and safe water supply for Kings Mountain and the surrounding municipalities. Intense planning began after the drought of 2002 and at this time the project is in the planning and regulatory compliance stages. Following a meeting with the Army Corp of Engineers several weeks ago, Kings Mountain received the verbal go ahead to begin an Environmental Assessment Study. The actual letter of approval is expected within the next two weeks. Both Mayor Murphrey and Mr. Geiger stated that this reservoir is a regional concept and Kings Mountain will need as much municipal support as possible to get the project approved. The reservoir would be located on Muddy Fork where it intersects with Persimmon and Little Persimmon Creeks. In conjunction with the existing Moss Lake, the project will be a 3.9 billion-gallon reservoir with a safe yield of 27 million gallons/day. The estimated construction cost in 2004 was approximately $16.6 million; however, the cost today will be much higher. In closing, Mayor Murphrey advised that if all planning and permitting goes as expected, the estimated time frame for construction to actually begin will be 8-10 years from now. Kings Mountain is asking for the support of Bessemer City and other municipalities to make this project happen. Kings Mountain will continue to share information and keep everyone informed as they move forward with the project.
Dr. Glenn Kiser’s Unitrust Fund
Dr. Glenn Kiser established a Unitrust in 1992 with Wachovia Bank. One-half of the trust would be a gift to the City of Bessemer City upon the deaths of both Dr. Kiser and his wife. The Unitrust stated that the trust funds were to be used toward the acquisition or construction of either a community building or a public library, as the governing body of the town shall choose. Both Dr. and Mrs. Kiser are now deceased and the City received the trust funds in the amount of $740,275.09. Recreation Director, Jo D. Franklin addressed Council regarding possible directions the City could take to utilize the trust funds. He spelled out options which included either renovating the existing building or construction of a new building with additional funds applied for through a PARTF grant. Mr. Franklin presented drawings from architect Troy Luttman showing a proposed renovation project for the current building and drawings from Gary Worth & Associates for Phases II and III of the Park Master Plan, which included construction of a new building. Mr. Franklin suggested that a committee of staff, Council and citizens be formed to look at all options for the use of the funds. Mayor Hovis agreed that a good plan was necessary. To accomplish this, he recommended that the City conduct a review of programs and services currently being provided at the Community Center to show 1) programs and the number of citizens participating in the programs 2) average number of people at weekend rentals to show how the space should be divided 3) an analysis of cost recovery of the past 12 months of operation (dollars received from events, compared to operations cost for the facility. Mayor Hovis asked Council to put some thought into appointing a committee as recommended.
Solicitors/Peddlers Ordinance
This item was discussed at the August meeting with the consensus being that restrictive guidelines should be developed; however, it was not Council’s desire to restrict the sale of Girl Scout cookies, school projects, etc. City Planner researched a number of ordinances across the country and provided Council with one used by the Town of Davidson that he felt would work well for Bessemer City. Following review of the ordinance, Council recommended several minor changes including setting a 14 day limit to sales and removal of bond requirements for civic, religious and patriotic persons. The ordinance will still allow charitable, civic and religious solicitation but will not allow general door to door sales. The Planner will make the requested revisions and present the ordinance for final review and approval at the October meeting.
City Managers Report
A) Optimist Club Agreement – The Optimist Club has reviewed the agreement on the use of the ball fields. Representatives of the Optimist Club have indicated they have some concerns regarding the agreement and some revisions they would like to see made. A meeting has been scheduled for Wednesday, September 16 at 4:00 PM to continue discussion on the agreement.
B) Property Purchase – The City has a storm drain that crosses property at 110 Georgia Avenue. The City has negotiated with the property owner to purchase the property for $4,000 and the property owner has agreed. The City Attorney is preparing a purchase agreement for the property.
C) Sewer Line Replacement Bids – Bids will be accepted in September for the following: sewer line replacement on Texas and Tennessee Avenues (the Texas Avenue sewer line replacement will correct the line that crosses property owned by Harold Robinson); new 6” water lines on 13th Street and Maryland Avenue (between 13th & 14th Streets); new 6” water line on Sherwood Drive; storm water work on Georgia Avenue.
D) Removal of Utility Poles – Duke Power has been contacted and furnished a map showing the location of poles that need to be removed. An engineer for Duke has marked the poles that can be removed immediately as well as the ones which will require the service relocated to adjacent poles.
E) Kiser Oil Company – Ms. Kiser has until the 18th of September to bring her property on E. Virginia Avenue into compliance. If no action is taken the Code Enforcement Officer will contact Ms. Kiser the following day and begin preparing demolition proceedings for the property.
Discussion of “Open Items”
City Manager Allan Farris reported that he is making a list of open items that will be included on the October agenda.
Council General Discussion
Concern that the tree cutting by Duke Power was causing damage to our trees (Duke Power leaves the tree cutting discretion to their contractor); appreciation to Angel Autry for the decorations placed at the City’s digital sign; when will digital sign be completed – light pole still not installed; sign at 7th and Florida turned around; old toilet on side of road on 7th Street; who is providing supervision at the City’s gym on Washington Avenue; County Police “Rhino ATV” was on patrol over the weekend; Crowder’s Mountain Fire and Rescue has purchased a “Polaris Ranger ATV” for use as a field transport vehicle; theft at old waste plant at the end of 9th Street; pit bull out on 600 block of Florida Avenue on September 13.
Closed Session – Personnel Matter, GS 143-318.11(A) (6)
Upon motion by Becky Smith, second by Wayne Massagee and unanimous vote, a “Closed Session” was held to discuss the results of the Manager’s review with the Manager. The City Clerk and the City Attorney were excused from the session.
Upon return from Closed Session, Mayor Pro Tempore Marilyn Best reported that Council reviewed with the Manager the results of his annual evaluation that was conducted at the August meeting. No action was taken.
Adjourn
Being no further business, the meeting was adjourned at 9:00 PM by motion of Marilyn Best, second by Jim Long and unanimous vote.
Janice M. Costner, City Clerk; William R. Hovis, Mayor
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