City Council Minutes - December 14, 2009
December 14, 2009 – 1:10 pmDecember 14, 2009
The Bessemer City Council met in regular session on December 14, 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
Mayor Hovis called the meeting to order and led in the opening prayer, followed by the Pledge of Allegiance.
Approval of Minutes
The minutes of the November 9, 2009 meeting were unanimously approved by motion of Jim Long and second of Marilyn Best.
Presentation of Audit Report
Mike, Shipman, CPA with Collis & Associates, presented the Audit Report for the year ending June 30, 2009. Mr. Shipman first expressed appreciation to staff for their assistance stating that it “is truly a pleasure to work with such a cooperative, pleasant and qualified staff”. He then thanked Council for the opportunity to serve them. Mr. Shipman pointed out highlights of the audit starting with the opinion. The audit received a “clean opinion” meaning that the auditor can report that the City’s financial statements are fairly stated in all material respects. At June 30, 2009, the City had cash and equivalents of $3,668,831, an increase of $685,100 over last year. The total liabilities of the City were decreased by $4,795. The City’s assets exceeded its liabilities by $18,058,780, an increase of $1,184,197. Of the $18,058,780, $13,641,408 is invested in capital assets net of related debt. The governmental funds reported combined ending fund balances of $2,381,327, an increase of $67,426 in comparison with the prior year. Of the ending fund balances, $156,000 of the General Fund is budgeted for year ending 6/30/2010 and the balance of $764,913 in the General Fund is available for spending at the City’s discretion. The Capital Reserve Fund has unreserved fund balance of $649,429. The Storm Water Fund, at the recommendation of the Local Government Commission, was converted to a proprietary fund like the Water/Sewer Fund and Gas Fund. Both the Governmental and Business-type activities generated surpluses for the year: Governmental - $346,821, Business-type combined - $837,376 (Water/Wastewater - $410,490, Gas - $362,989 and Storm Water - $63,897). The General Fund had an excess of expenditures over revenues of $219,196 with a transfer in from Capital Reserve of $111,065 and a transfer out of $33,226 resulting in a net decrease in fund balance of $141,357. The net change in the Capital Reserve Fund was an increase of $20,573 after transfers out of $512,808. The City’s long term debt was decreased by $113,845. There were no budgetary or other type violations. There is a new disclosure this year concerning other postemployment benefits. A comment was made for those unfamiliar with governmental accounting concerning the “material weakness” in the note disclosures. The note is common for small municipalities who do not have CPA’s on staff. Mr. Shipman concluded with an offer to address any questions and again expressed thanks for the opportunity to serve the City.
Acceptance of Official Canvass (Abstract of Votes)
Upon motion by Kay McCathen, second by Marilyn Best and unanimous vote, the “Abstract of Votes” (official canvass from the Gaston County Board of Elections) from the municipal election held on November 3, 2009 was approved as follows:
Mayor: Greg Farris, 221 votes; Bob Hovis, 238 votes
Ward 1: Dan Boling, 192; Matthew Hovis, 78; Wayne Massagee, 186
Ward 2: Kay McCathen, 383
Ward 3: Joe Will, 414
Ward 4: Melanie Colvin, 255; Howard Jones, 201
Ward 5: Andy Herring, 178; Becky Smith, 278
Ward 6: Donnie Griffin, 173; Jim Long, 148; David Lutz, 141
Presentation to Jim Long, Transportation Advisory Committee (TAC) Chairman
Mr. Hank Graham, Coordinator for the Gaston Urban Area Metropolitan Planning Organization was present to recognize the work that Council Member Jim Long had done over the past eight years as Chairman of the Transportation Advisory Committee (TAC). Mr. Graham stated it had been a pleasure to work with Chairman Long, and that he and the entire MPO was proud to be represented by Mr. Long, not only in Gaston County but also in Raleigh. Mr. Graham presented Mr. Long with a crystal plaque for his outstanding service to the citizens of Gaston County through his work with the Transportation Advisory Committee. (Mr. Graham was accompanied by MPO staff members Cass Roberts and Vincent Wong).
Presentation and Thanks to Retiring Council Members
Mayor Hovis presented plaques of appreciation to retiring Council Members Marilyn Best, Jim Long and Wayne Massagee for their years of service as Elected Officials. Mayor Hovis stated it had been a pleasure to serve with the retiring members and that the City was indebted to all of them for their dedication and hard work over the years. During closing comments Marilyn Best stated it had been an honor to serve the City. Jim Long stated he had worked hard for the City and could leave office with his head held high. Wayne Massagee stated it had been a pleasure to serve and ended with his usual - please spay and neuter your pets.
There being no further business to come before the board, Jim Long moved to adjourn, seconded by Wayne Massagee with unanimous vote.
Adjourn Sine Die of the 2007 - 2009 Bessemer City Council
December 14, 2009
*Meeting continues with the Oath of Office being administered to the newly elected Mayor and City Council Members.
Oath of Office
The Honorable Timothy L. Patti, Resident Superior Court Judge, Gaston County, administered the Oath of Office to Mayor Bob Hovis and to Council Members Dan Boling, Kay McCathen, Joe Will, Melanie Colvin, Becky Smith and Donnie Griffin.
Call to Order
The newly elected board was seated and Mayor Hovis called the meeting to order. Mayor Hovis took a minute to reflect on the passing of Miss Kathryn Eury at her home on December 2, 2009. Her death is a sad loss as she was truly the “heart of the City”.
Adjustment & Approval of Agenda
Upon motion by Becky Smith and second by Melanie Colvin, the December Agenda was unanimously approved.
Rules of Procedure
Mayor Hovis recommended adoption of the “Suggested Rules of Procedure for a City Council” by A. Fleming Bell of the School of Government. Mayor Hovis advised these rules were recommended at the recent Mayor’s training he attended at Western Carolina. The rules are a modified version of Robert’s Rules of Order and designed for use by a municipal council, especially small governing boards. City Attorney David Smith recommended that the “suggested rules” be customized to Bessemer City and agreed to develop a document for approval at the January meeting.
Mayor/Council Appointments
a) Mayor Pro-Tempore: Joe Will was unanimously elected Mayor Pro-Tempore by motion of Becky Smith and second of Dan Boling.
b) Transportation Advisory Committee (TAC): Joe Will was unanimously appointed to serve on the TAC Committee with Becky Smith serving as alternate by motion of Kay McCathen and second by Becky Smith.
c) Centralina Council of Government Delegate (COG): Kay McCathen was re-appointed to serve as the COG Delegate and Melanie Colvin appointed as alternate by motion of Dan Boling and second of Donny Griffin. Vote was unanimous.
d) ABC Board Liaison: Dan Boling was unanimously appointed to serve as liaison to the ABC Board by motion of Becky Smith and second by Kay McCathen.
e) Elected Officials Steering Committee: Mayor Hovis was unanimously appointed to serve on the Elected Officials Steering Committee by motion of Becky Smith and second by Joe Will.
Consent Agenda
The following items of the Consent Agenda were unanimously approved by motion of Becky Smith and second by Melanie Colvin:
a) Bid Award - Water Distribution Improvements: Bid awarded to Neill Grading and Construction Company in the amount of $97,141.00. Bids were received on December 3, 2009 for water distribution improvement projects for the 13th Street and 11th Street 6-inch water distribution lines as follows: BRS, Inc. - $199,732.50; Davis Grading - $99,465.30; Neill Grading - $97,141.00; Hickory Sand - $197,923.00; Kennedy-Long - $185,713.00. Hazen and Sawyer completed the review and tabulations of the bids and they, along with staff, recommended approval of the low bid to Neill Grading and Construction Company.
b) Bid Award - Solar Power Mixers: Bids awarded to Utility Services, Inc. in the amount of $32,400.00 for the million gallon storage tank and to Southern Corrosion, Inc. in the amount of $44,710.00 for the Arrowood Reservoir. Bids were received on December 8, 2009 for the Solar Power Mixers for the million gallon storage tank and Arrowood Reservoir. A total of four bids were received for the ground storage tank as follows: J.A. Hyman & Company - $50,700.00; Southern Corrosion, Inc. - $37,555.00; Utility Service Company - $32,400.00; Walker Construction Group - $32,645.00. Only one bid was received for the reservoir (Southern Corrosion, Inc.) and since this was the second bid opening on these projects, one bid is allowable by the State. Cavanaugh and Associates completed their review and tabulation of the bids and they, along with staff, recommended the low bids of Utility Services, Inc. and Southern Corrosion, Inc.
c) Bid Award - Southridge Industrial Park Improvements (Construction of Public Infrastructure for Dole): Bid awarded to Davis Grading, Inc. as follows: 12″ Water Line - $82,333.00 and 8″ Sewer Line - $44,881.42. A total of ten bids were received by the County on November 19, 2009 as follows: Davis Grading - Sewer - $44,881.42 and Water - $82,333.00; Scurry Construction - Sewer - $60,047.00 and Water - $94,394.70; Earnhardt Grading - Sewer - $67,740.80 and Water - $123,805.00; United Construction - Sewer - $63,5466.00 and Water - 141,279.00; Cox & Floyd Grading - Sewer - $43,508.00 and Water - $114,145.50; McWhirter Grading - Sewer - $64,278.00 and Water - $95,006.34; J.O. Flow Grading - Sewer - $48,701.29 and Water - $93,882.92; Hunter Construction - Sewer - $69,738.00 and Water - $109,637.20; Dellinger, Inc. - Sewer - $65,631.00 and Water - $108,485.00; C.K. Contracting, Inc. - Sewer - $66,259.20 and Water - $98,273.20. The County and staff recommended approval of the low bid of Davis Grading. Base on the Memorandum of Understanding signed in July 2006, the County will be responsible for costs beyond the available (Industrial Development Fund) grant funds.
d) Ridge Runners Resolution of Authorization: Council approved the annual Resolution authorizing the New Year’s Shooters to perform their opening ceremonies across from City Hall from 12:00 AM until 12:30 AM. Additional shootings will take place within the City Limits between the hours of 9:00 AM and 6:00 PM on New Year’s Day. (Copy on file in Ordinance/Resolution Book at City Hall).
e) 2010 City Meeting Schedule: Council approved the meeting schedule for the City Council and Planning Board for 2010.
Public Hearing - Rezoning Request, Whitley (RZ09-02)
Following proper advertising, a public hearing was held on request of Mr. Brad Whitley to rezone two parcels (151387 & 151391) located at 1605 & 1609 Puetts Chapel Road, in the ETJ, from R1 (Residential) to IU (Urban Industrial). The combined property size is 3.79 acres. The City Code Enforcement Officer reviewed the rezoning request and advised that the Planning Board had recommended approval. He also advised that while entertaining the rezoning request to Urban Industrial that all permitted uses should be considered. Any future owner would also be permitted to perform any use listed in the zoning district. The property was rezoned from residential to business in 1997 at the request of the owner. A machine shop operated on the land for the next few years but the use ended and has been closed and vacant since 2000. During the City-wide rezoning in 2007, the land was again rezoned to residential because residential was the best use of the property based on the surrounding conditions and rural location. As with any ordinance change, a 2/3 majority vote must take place to approve the rezoning on the first reading.
Mayor Hovis opened the public hearing and Mr. Brad Whitley, 1278 Worthington Place, Lincolnton, NC spoke in favor of the rezoning. Mr. Whitley stated he applied for a rezoning to business in 1997 and was then forced out of textiles due to his health. He didn’t know about the City-wide rezoning in 2007 when the property was changed to residential. Mr. Whitley also advised that it was not his intension to do anything negative with the property. He stated may market it for a small distribution center or machine shop. There being no one to speak in opposition to the rezoning request, Mayor Hovis declared the hearing closed.
Motion was made by Dan Boling to adopt a resolution approving the rezoning request. He further stated that the request was in accordance with the City’s Land Use Plan and in the overall public interest because previous uses were in conformity with the new IU Zone, and the property was rezoned in bulk when the UDO was adopted. Motion was seconded by Becky Smith with unanimous vote. (Copy of Resolution on file in Ordinance/Resolution Book at City Hall).
Kiser Trust Fund Committee
Mayor Hovis reviewed plans for the Kiser Trust Fund Committee with the newly elected board. He reported that the City received the trust funds in the amount of $740,275.09 on August 17, 2009. The task before the committee will be how to use the trust funds to best meet the needs of our citizens. The committee will explore ideas for a new facility and/or renovation of the current building. Mayor Hovis stated once again, the best place to begin would be with a report on how the current facility is used and to what extent. Mayor Hovis is developing a “Mission Statement” for the committee which will be sent to all board members prior to the January Council meeting.
Consideration of Date and Time for Planning Retreat
Mayor Hovis advised that the 2009 Planning Retreat was held on April 23 & 24. He asked Council to begin thinking about a date for the 2010 Retreat (possibility March) and items they would like on the agenda. Ideas, questions or concerns regarding the 2010 Retreat should be directed to the City Clerk.
Naming Consideration for Bessemer City High School Gymnasium
Mayor Hovis advised that BCHS Principal, Ted Saunders and staff had requested community input on naming the BCHS gymnasium after long-time Coach and former Middle School Principal, Jackson Parker.
The entire City Council agreed by consensus with naming the gymnasium after Mr. Parker.
Discussion of Open Items
1. Texas Avenue Encroachment - The City Manager advised that this item was discussed several months ago. If grant money is not soon approved for water/sewer projects, the City will move forward (in January) with bids for rerouting the sewer line around the lot owned by Mr. Harold Robinson.
2. Sales Tax Distribution Agreement - The City Attorney stated the County had finally approved the agreement with the City of Gastonia. He is now working to finish the agreement for Bessemer City.
City Manager’s Report
1. Pinchback & Louisiana - The problem of the school bus running into the ditch at the corner of Pinchback and Louisiana Avenue will be resolved soon. Public Works will extend the piping in the area and then add additional paving to increase the turning radius.
2. High Street - The brush at the stop sign on High Street has been removed and additional brush will be cut and removed in the ditch area.
3. Water/Gas Rates - Discussion was held at the November meeting regarding a local business having three different water and gas meters. The matter was checked on and it was found that the business does actually have three water and gas meters and was being billed a minimum for each meter that wasn’t being used. The City is now only billing for the one water and two gas meters that are in use.
4. Water Discoloration - The Public Utilities Director was present and explained that the recent discoloration of the water was due to Manganese (caused by all the recent rain and runoff of eroding soil). After battling the problem approximately two - three weeks, staff added new piping so that Sodium Hydroxide could be added on top of the filters to convert soluble to non-soluble Manganese and thus remove it by filtration. This process is more expensive and requires more water for filter backwash, but it cleared up the discoloration within two days.
Council General Discussion
Recycling meeting held at the Citizens Resource Center was very good; drain problem in front of Boys/Girls Club Building (Public Works is looking into upgrade of current line); please be attentive to what’s going on in other towns; think about changing youth curfew (Youth Protection Ordinance) to 9:00 PM on school nights (Captain Myers advised the ordinance is controlled by City Council, but he will take a look at the situation and prepare a report for the January meeting); rotation of police officers (rotation is determined by turnover).
Adjourn
With no further business to come before the Board, motion to adjourn at 8:35 PM was made by Becky Smith, seconded by Melanie Colvin with unanimous vote.
Janice M. Costner, City Clerk; William R. Hovis, Mayor
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