City Council Minutes - November 9, 2009

November 9, 2009 – 1:05 pm

November 9, 2009

The City Council met in regular session on November 9,   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.  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.  Jim Long opened the meeting with prayer, followed by the Pledge of Allegiance led by Mayor Hovis.

Adjustment & Approval of November Agenda

Upon motion by Marilyn Best and second by Becky Smith, the November Agenda was unanimously approved.

Approval of Minutes

By motion of Kay McCathen and second by Melanie Colvin, the minutes of the October 12, 2009 meeting were unanimously approved.

Budget Amendment (Water/Sewer Fund)

October 2009 bids for water projects came in better than expected.  Bids approved at the October 12, 2009 meeting for the Water Line Replacement and Storm Drainage improvements were anticipated to be $200,000 but came in at $150,000; therefore, staff felt it would be an ideal time to get an additional project done at a more attractive price.  The Local Government Commission verified that funds in the amount of $100,000 could be transferred from Fund Balance as long as the amount was used for Capital Projects.  Upon motion by Jim Long and second by Wayne Massagee, the following amendment to the Water/Sewer Fund appropriations was unanimously adopted:

Account No.; Increase; Decrease

Water/Wastewater Treatment

61-91-7130-599; Capital Outlay $100,000

This will result in a net increase of $100,000 in the appropriations for the Water/Sewer Fund.  To provide the additional funds for the above, the Water/Sewer Fund Retained Earnings will be appropriated.

Other Financing Source

61-00-2990-000; Fund Balance Appropriated ($100,000)

Note: The City Manager reported that Davis Grading, Inc. had agreed to complete an additional project (1,200 feet of water line extension on 13th Street) at the same piece price as an addendum to their contract for the water line replacement on 13th Street, Maryland Avenue and Sherwood Drive.  Attorney David Smith advised that although the additional project had been engineered, it was not a part of the original bid.  Therefore, the usual bid process needs to be followed.

Community Planning Project Phase 5 - Design Guidelines

The purpose of the Design Guidelines is to help builders better understand how new construction can advance the City’s vision for its future.  The Design Guidelines are the fifth in a six phase planning process that began back in September 2008.  The Citizen Steering Committee met on October 22 and later held an advertised Public Meeting on October 29 to gather input on what type of new housing and new commercial buildings should be built in Bessemer City.  The City has also continued to use online input from Wikiplanning to draft the proposed guidelines.  This process included gathering information in field studies to determine the architectural character of Bessemer City and a Visual Preference Survey (VPS) was put together.  The VPS, which can still be viewed online, gives a clear direction in preparing the guidelines.  As with all the plans adopted to date, the guidelines are only a plan and not an enforceable ordinance.  They only provide direction and a vision about what the community feels is important to address in future development.  During discussion, City Planner Kevin Krouse addressed questions regarding the number of alleyways still in use, how many serve on the Steering Committee, what percentage of the public responds to the online surveys and what is defined as the Urban Area.  Being no further questions, the Design Guidelines were unanimously adopted by motion of Becky Smith and second of Jim Long.  (Copy of the Design Guidelines will be available in the City Planner’s Office at City Hall).

Kiser Trust Fund Committee

Mayor Hovis suggested forming two committees to work toward a proposal for the use of funds donated to the City by Dr.  Glenn Kiser.  One committee would look at renovation of the existing facility and the current programs offered.  The other would explore ideas for a new facility and/or using other City owned property.  Following discussion, it was determined that it may be better to start with one committee to later be divided into two sub-committees.  Mayor Hovis will begin work on “Mission Statements” to be used as a guideline for the committee.

Legislative Update Information - Local Government Ethics Requirements (GS 160A-83 & 84)

New G.S. 160A-83 requires the governing board to adopt a code of ethics to guide the actions of its members in the performance of their duties.  It specifies the broad areas that the code must address, including obeying applicable laws, upholding the integrity of the office, avoiding impropriety, faithfully performing the duties of the office, and conducting the board’s business in an open and public manner.  New G.S. 160A-84 requires all members of the governing board to receive a minimum of two clock hours of ethics education within 12 months after their initial election or appointment, and again within 12 months after each time they are subsequently elected or appointed to the governing board.    Ethics workshops taught by the NC League of Municipalities or the School of Government will be offered at the “Essentials of Municipal Government Course.”  The City Clerk reported that preliminary dates for the course, which will be offered at several locations across the state, have been received.  She will get the information out to the Council following the December meeting.

Discussion of “Open Items”

City Attorney David Smith advised that he had just received an emailed copy of the Sales Tax Distribution Agreement that was drafted by the County.   He will review the draft and forward it on to the Mayor and Manager for their review.

Council General Discussion

Check into business owner complaint regarding three different water rates; remember to spay and neuter; remove brush from stop sign on High Street; Community Thanksgiving Dinner at First Baptist Church on November 21 from 11:00 AM - 2:00 PM (all elected officials, fire, police and rescue personnel are encouraged to attend); schedule tour of City departments; the Industry Appreciation Breakfast hosted by the City on November 30 was very good;  school bus running in ditch at the corner of Pinchback and Louisiana Avenues; remember veterans on November 11; status of branding trademark (Mayor Hovis will get with Rachel Bagley for an update); open burning on Sharon Drive; Transportation Advisory Meeting scheduled for November 24, 2009;  conversation with Board of Elections regarding candidates being asked to leave the polling site before the tabulation was completed  (as a common courtesy candidates have always been allowed to stay for election results); due to construction, the High School polling site was dark (and dangerous to citizens).

Adjourn

Following a review of the upcoming events by Mayor Hovis, the meeting was adjourned at 7:50 PM by motion Jim Long and second of Kay McCathen.

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

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