1. Call to Order, Prayer, Pledge of Allegiance: Boy Scout Troop 54 from Garrison Memorial ARP Church will be present to conduct the flag ceremony.  Mr. Danny Gamble is Scoutmaster and Mr. Mike Sikes is Assistant Scoutmaster.

2. Adjustment & Approval of March Agenda: Items will be added or removed only upon approval of the Mayor and City Council.

3. Special Presentation: Page_________ Sean Mark Grigg will be recognized for achieving the rank of Eagle Scout.

4. Approval of Minutes: Page _________ Regular meeting of February 8, 2010.

5. Kiser Trust Fund Committee: Page_________ A letter of invitation was mailed to the committee on February 26.  Mayor Hovis will recognize the committee and charge them with their duties.

6. Opportunity for Public Comment: This is an opportunity for members of the public to express items of interest to the Mayor and City Council.  This is not a time to respond or take action.  Any necessary action will be taken under advisement.  Speakers are required to use proper decorum and asked to limit comments to no more than five minutes.  (There were no requests at agenda time).

7. Consent Agenda: The items of the “Consent Agenda” are adopted on a single motion and vote unless the Council wishes to withdraw an item for separate vote and/or discussion:

A)   Overnight Travel Request:  The Utilities Director requests approval of overnight travel for Gas Tech, Justin Barnes and Gas Tech/Locator, Mark Picklesimer to travel to Atlanta for “Leak Detection” training on April 7-9, 2010.

B)  Community Planning Project – Implementation Plan Adoption:  Mrs. Deb Ryan, Ryan-Harris & Associates reviewed the Draft Implementation Plan at the February Meeting.  The purpose of the plan is to prioritize the initiatives developed throughout the planning process.  Staff recommends approval.  (Please bring your handout from the February Meeting).

8. Public Hearing – Pedestrian Plan: Page_________ Mr. Blair Israel, Centralina Council of Governments Consultant will present the plan for which a $30,000 (80/20) grant was awarded in 2008.  The City entered into an agreement with NCDOT at that time and hired Mr. Israel to be the planning consultant for the project.   Following review of the plan a public hearing will be held to give the public another opportunity for comment.

9. Public Hearings – Text Changes to Unified Development Ordinance: Page _________ The City Planner requests a separate vote on each proposed change.

1)  Text Change (TC10.01) – Section 5.3 - Zoning Permit:  Addresses situations in which zoning permits are not required.  

2)  Text Change (TC10-02) – Section 8.1.5 – Dwelling, Two-Family:  Addresses supplemental regulations for two-family dwellings.

3)  Text Change (TC10-03) – Section 10.11 – Parking of Passenger and Commercial Vehicles:  Addresses regulation for parking of commercial vehicles in residential neighborhoods.

10. Gaston 2012 Marketing Logo: Review and approval of the Gaston 2012 unified marketing logo for all Gaston County Municipalities.

11. Sales Tax Distribution Agreement: Page__________ This is the Interlocal Agreement with Gaston County for the transition from per capita to ad valorem distribution of sales and use tax.

12. 2010 Grass Cutting Bids: Page_________ Grass Cutting bids were opened on February 25, 2010 as follows: Pro Turf - $1,229.00; Ken’s Landscaping - $1,240.00; Andy’s Landscaping - $1,490.00; Hometown Lawn - $1,952.00 and Mac’s Lawn Service - $3,370.00.  A list of bids along with a list of equipment for the three lowest bidders is enclosed for your review.

13. Council General Discussion: This is an opportunity for the Mayor and City Council to ask questions for clarification, provide information to staff, request staff to report back on a matter, or direct staff to place a matter on a future agenda.

14. Closed Session: NCGS 143.318-11(a)(5) – Real Estate Acquisition.

ADJOURN

Dates to Remember

City Planning Retreat – March 11-12, 2010, County Police Headquarters
Senior’s Bingo – March 15, 2010, Community Center
Essentials of Government Class – March 19-20, Renaissance Suites, Charlotte
Easter Holiday – Good Friday, April 2, 2010.
Meet the Candidates – Sponsored by the BC Chamber of Commerce, March 18, 2010

Members Present
Mayor Bob Hovis; Council Members: Donnie Griffin, Becky Smith, Melanie Colvin, Joe Will, Kay McCathen and Dan Boling. City Manager Allan Farris and City Attorney David Smith were also present.

Call to Order
Mayor Hovis called the meeting to order. Council Member Joe Will opened the meeting with prayer and Mayor Hovis led in the Pledge of Allegiance.

Adjustment & Approval of February Agenda
The February agenda was unanimously approved by motion of Kay McCathen and second of Melanie Colvin with the addition of a Proclamation honoring the 100th anniversary of the Boy Scouts of America and a request for approval of overnight travel by the City Planner.

Special Presentations
The following Proclamations were read aloud by Mayor Hovis:
A) Black History Month Proclamation – A proclamation in honor of Black History Month urged all citizens to pay tribute to the noble struggle of African Americans and to encourage appropriate programs and activities that honor the significant contributions African Americans have made nationwide. The proclamation was unanimously adopted by motion of Dan Boling and second of Melanie Colvin.
B) Valentine’s Day and Random Acts of Kindness – A proclamation urging all citizens to celebrate Valentine’s Day by demonstrating random acts of kindness and encouraging kindness throughout the world. The proclamation was unanimously adopted by motion of Kay McCathen and second of Becky Smith.
C) Proclamation to Eagle Scout, Hayden Bridges – A proclamation in recognition of Hayden Bridges for achieving the rank of Eagle Scout and for his outstanding work constructing the Nature Trail in Bessemer City Park for his Eagle Project. The proclamation was unanimously adopted by motion of Joe Will and second of Dan Boling. City Planner, Kevin Krouse presented the Council with pictures of the Nature Trail that was constructed by Hayden in the City Park. Council Member Dan Boling commented on the good Christian character displayed by Hayden
D) Boy Scouts of America Proclamation – A proclamation in honor of the Boy Scout’s 100th Anniversary
and in support of the designation of “Boy Scouts of America Day” on February 8, 2010. The proclamation was unanimously adopted by motion of Joe Will and second of Dan Boling. (Copies of all proclamations are on file at City Hall).

Approval of Minutes
The minutes of the January 11, 2010 meeting were unanimously approved by motion of Kay McCathen and second of Becky Smith.

Community Planning Project Phase 6 – Draft Implementation Plan
Mrs. Deb Ryan, Ryan-Harris & Associates reviewed the Draft Implementation Plan for the Mayor and City Council. The purpose of the Implementation Plan is to prioritize the initiatives developed throughout the planning process as described in the Strategic Vision Plan, Future Land Use Plan, Small Area Plans for Downtown/Edgewood Road Gateway and the Design Guidelines. The Implementation Plan is the sixth and final phase of the planning process that began back in November 2008. The prioritizing of initiatives was based on several assumptions; no new funding available until the new budget year beginning in July 2010; studies would be needed to explore the possibility of opening up Arrowood Lake to recreational use, developing a Revenue Generation Plan for Parks and Recreation and a Maintenance Plan for Public Works; spending would be limited in the next fiscal year given the country’s ongoing recession. Consequently, initiatives needing additional funding were grouped under a longer time frame than just one year to allow time for the local and national economy to recover. Finally, the last and related assumption was that small initiatives could have significant results. Many of the early proposals call for building partnerships, organizing volunteers and undertaking community based programming. With the assumption of limited funds and consequent feasibility, the initiatives have been subdivided into nine types of investments and spread over a ten-year period as follows: Ordinance Updates, Plans & Studies, Signage, Partnerships, Communications & Public Education, Events, Maintenance & Improvement, Capital Expenses and Personnel & Coordination. The Implementation Plan will be on the City’s website and Wikiplanning for public input. Discussion followed regarding the History & Arts Museum and the maintenance and cost involved in the planting of a large number of trees. The plan will be placed on the March agenda for adoption.

Farmers Market Discussion
City Planner Kevin Krouse addressed Council to ask for approval to proceed with the organization of a Farmers Market on City owned property. Mr. Krouse advised that with the help of citizens and staff the market could be a reality. Areas under consideration for the market are Virginia Avenue (across from Angels and the green park near the 11th Street underpass) and Pennsylvania Avenue. Criteria and procedures for the market will be brought back to Council in the future.

City Council Rules of Procedure
The “Suggested Rules of Procedure for a City Council” by A. Fleming Bell of the School of Government was presented for adoption following review and modification by the City Attorney. The rules, a modified version of Robert’s Rules of Order, were designed for use by a municipal council, especially small governing boards. They incorporate general principles of parliamentary procedure and applicable North Carolina laws. Following discussion regarding public comment, the City Council Rules of Procedure were unanimously adopted by motion of Becky Smith and second of Dan Boling.
Requests for Approval of Overnight Travel
Upon motion of Becky Smith, second of Kay McCathen and unanimous vote overnight travel was approved for 1) Donna Lumsden and Diane Jenkins to attend the NC Finance Officer’s Conference in Durham on March 3-5, 2010 and 2) Kevin Krouse to attend the NC Zoning Officer’s Conference in Cary on February 21 – 23, 2010.

Kiser Trust Fund Committee
Mayor Hovis provided Council Members with his suggestions for committee considerations in determining utilization of the funds from the Kiser Trust. He recommended that the committee be comprised of no more than ten members with City Staff providing support as needed. The following citizens were submitted for appointment to the Kiser Trust Fund Committee: Wayne Massagee, Robbie Putnam, Sunny Bolick, Eugene Bumgardner, Linda Willis, Tweety Stewart, Jim Long, Randy Wise, Tina McLauchlan and Kelly Madison. The Committee will be invited to attend the March Council meeting where they will be charged with the committee’s duties.

City Manager Report
In his written report, the City Manager provided the following updates: Water meter on Iowa Avenue has been replaced, the flashing light at 8th Street and Alabama has been repaired, the doors at the Community Center have been painted and the floors cleaned and waxed, the limbs on Logan have been removed, the pothole on Ashley Place Drive has been repaired, the potholes on Apple Lane are scheduled for repair, the gates at old waste plant have been locked and will be checked periodically, the storm drain on Helen Avenue has been cleared and washed out, a meeting has been scheduled with the County to discuss the Sales Tax Agreement.

Discussion of Open Items
Sales Tax Distribution Agreement: A meeting is scheduled with the County on February 9, 2010 to discuss and hopefully conclude the sales tax agreement; Substance Abuse Policy – Volunteer firemen can be subject to the City’s policy per Attorney Chris Whelchel.

Council General Discussion
Centralina Council of Governments announced that the City’s Community Planning Project is the winner of an Excellence Award in Planning and Sustainability. The City will be recognized for this project at COG’s Annual Board of Delegates Meeting on February 10. City Planner Kevin Krouse and Council Member Kay McCathen will accept the award; Joe Will and Becky Smith attended the Transportation Advisory Meeting; Donnie Griffin was thanked for his donation to Bessemer City High School to pay the tap fee at the new field house; the Community Foundation of Gaston County will host the 8th “Run for the Money” event in Gastonia on April 17 – Melanie Colvin advised of on-line voting where monies could be designated to non-profit groups, such as the Boys & Girls Club depending on the number of votes received; Joe Will elected as vice-chair of the Transportation Advisory Committee; what can the City and citizens do to help the Boys & Girls Club; thanks to Jo D. Franklin for the hard work at the Recreation Department; respect for Public Utilities Director, Lee Hayes; shrubs needed along S. 12th Street at newly remodeled business; consideration of opening City lake for picnics/fishing; place City logo on all City owned vehicles (by consensus of Council); Mayor Hovis expressed appreciation to the public for attending the City Council’s public meeting.

Adjourn
There being no further business to come before the Board, motion to adjourn at 8:00 PM was made by Kay McCathen, seconded by Becky Smith with unanimous vote.

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

1.    Call to Order, Prayer, Pledge of Allegiance

2.    Adjustment & Approval of February Agenda: Items will be added or removed only upon the approval of the Mayor and City Council.

3.    Special Presentations:

A)  Black History Month – Page___________ A Proclamation by the Mayor and City Council urging all citizens to pay tribute to the noble struggle of African Americans and encourage appropriate programs and activities that honor the significant contributions African Americans have made to the City of Bessemer City, the State of North Carolina and to the nation.

B)  Valentine’s Day and Random Acts of Kindness – Page ____________ A Proclamation by the Mayor and City Council urging all citizens to celebrate Valentine’s Day by demonstrating random acts of kindness and encouraging kindness throughout the world.

C)  Proclamation & Plaque of Appreciation to Eagle Scout, Hayden Bridges.

4.    Approval of Minutes:  Page____________ Regular meeting of January 11, 2010.

5.    Opportunity for Public Comment: This is an opportunity for members of the public to express items of interest to the Mayor and City Council.  This is not a time to respond or take action.  Any necessary action will be taken under advisement.  Speakers are required to use proper decorum and asked to limit comments to no more than five minutes.  (There were no requests at agenda time).

6.    Community Planning Project – Draft Implementation Plan, Phase 6: Ms. Deb Ryan, Ryan-Harris & Associates, will the review the Draft Implementation Plan that prioritizes the initiatives developed throughout the planning process.  (Handout included in agenda packet).

7.    Farmers Market Discussion: City Planner Kevin Krouse will discuss the creation of a Farmers Market in Bessemer City.

8.    City Council Rules of Procedure: Page____________ This item is being continued from the January meeting.  Corrections and clarifications have been made to the Draft Rules as attached.  Council may adopt the rules as presented or recommend further revisions.

9.    Request for Overnight Travel: Page____________ The Finance Director requests approval of overnight travel for her and Customer Service Representative, Diane Jenkins to attend the North Carolina Finance Officer’s Conference in Durham on March 3-5.

10.    Kiser Trust Fund Committee: At the January meeting, Mayor Hovis provided Council with suggestions for committee considerations in determining utilization of the funds from the Kiser Trust.  He asked that the Council forward their committee recommendations to him.

11.     City Manager’s Report: Page____________

12.    Discussion of Open Items: Sales Tax Distribution Agreement (meeting scheduled – see Manager’s report); Substance Abuse Policy – Volunteer firemen can be subject to this policy, which is in need of an update. Attorney Chris Whelchel (Personnel Law Attorney and David Smith’s associate) recommends interjecting some practicality into the process and focusing on: 1) Pre-appointment testing, 2) For cause testing, and 3) Post-accident testing; items listed under “General Discussion” at the January meeting have been completed and reported on either by email or enclosed written report.

13.    Council General Discussion: This is an opportunity for the Mayor and City Council to ask questions for clarification, provide information to staff, request staff to report back on a matter, or direct staff to place a matter on a future agenda.

Adjourn

Dates to Remember:

Tour of City Facilities - Friday, February 19, 2010 at 9:00 A.M. (Meet at City Hall)

City Planning Retreat – Thursday & Friday, March 11-12, 2010, County Police Headquarters

Chamber of Commerce Lunch & Learn – Thursday, February 18, 2010 (Noon at Grandma Hoyt’s)

Seniors’ Bingo – Monday, February 15, 2010 – Volunteers appreciated

Other Information Enclosed

Memo from City Planner, Kevin Krouse regarding Natural Selection/Centennial Park – Page_________

Memo from Recreation Director, Jo D. Franklin – Parks & Recreation Report – Page_________

Finance Report from Donna Lumsden, Finance Director – Page __________

BESSEMER CITY COUNCIL AGENDA

CITY HALL COUNCIL CHAMBERS

FEBRUARY 8, 2010 – 7:00 PM

1.    CALL TO ORDER, PRAYER, PLEDGE OF ALLEGIANCE

2.    ADJUSTMENT & APPROVAL OF FEBRUARY AGENDA

3.    SPECIAL PRESENTATIONS

A.  PROCLAMATION - BLACK HISTORY MONTH

B.  PROCLAMATION – VALENTINE’S DAY & RANDOM ACTS OF KINDNESS

C.  PROCLAMATION/PLAQUE OF APPRECIATION – HAYDEN BRIDGES, EAGLE SCOUT

4.    APPROVAL OF MINUTES

5.    OPPORTUNITY FOR PUBLIC COMMENT

6.    COMMUNITY PLANNING PROJECT – DRAFT IMPLEMENTATION PLAN, PHASE 6

7.    FARMERS MARKET DISCUSSION

8.    CITY COUNCIL RULES OF PROCEDURE

9.    OVERNIGHT TRAVEL REQUEST

10.  KISER TRUST COMMITTEE

11.  CITY MANAGER’S REPORT

12.  DISCUSSION OF OPEN ITEMS

13.  COUNCIL GENERAL DISCUSSION

ADJOURN

Individuals requiring special accommodations at this public meeting should contact ADA Coordinator, Janice Costner @ 704 83300361 or Countywide TDD @ 704 866-3300 or State Relay Service @ 800 735-8662.

The Bessemer City Council met in regular session on January 11, 2010 at 7:00 PM in the Council Chambers of City Hall.

Members Present

Mayor Bob Hovis; Council Members:  Dan Boling, Kay McCathen, Joe Will, Melanie Colvin, Becky Smith and Donnie Griffin.  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.

Adjustment & Approval of Agenda

Upon motion by Becky Smith and second by Dan Boling, the January agenda was approved with the “Council Rules of Procedures” being continued to the February meeting.

Approval of Minutes

The minutes of the December 14, 2009 meeting were unanimously approved by motion of Becky Smith and second by Kay McCathen.

Request to Speak/Opportunity for Public Comment

A)  Mr. Ted Saunders, Bessemer City High School Principal, 2514 Cherokee Court, Gastonia, addressed Council to request the waiver of the (gas) tap fee for the new field house at the high school.  Mr. Saunders advised that plans for the field house began fifteen years ago with funding mainly by the County, the Booster Club and donations.  Mr. Saunders stated it was likely that the project would not come in under budget due to some bad dirt and other unexpected expenses.  The City Manager advised that the tap fee, based on commercial rates, was $450.00.  During discussion, Becky Smith advised that she had worked many hours raising money for the project, but she also expressed concern over setting a precedent by waiving the tap fee.  Melanie Colvin and Dan Boling were in favor of the waiver.  (The City Attorney reminded the board that any requests for action should be placed on the next agenda for consideration). Donnie Griffin said he understood reservations about setting a precedent and said he would raise the funds himself.

B)  Officer Chad Owens, Gaston County Police, informed Council of a Business “Crime Prevention” Seminar being planned by the Gaston County Police Department for Thursday, February 4, 2010.  The seminar will be held in the Council Chambers of City Hall at 7:00 PM.  Topics will include:  Business Security, Burglary Prevention, Shoplifting, Employee Theft, Bad and Fraudulent Checks.  Light refreshments will be served.

Consent Agenda

Item C) Annual Certification of Firemen was pulled from the Consent Agenda for discussion by motion of Melanie Colvin, second of Kay McCathen and unanimous vote.  Council Member Colvin asked questions regarding required training, certification and drug screening of those listed on the Fire Department Roster.  Following discussion, the following items of the “Consent Agenda” were unanimously approved by motion of Kay McCathen and second of Dan Boling:

A)  Overnight Travel Request:  Approved request for the City Clerk to attend a Master Municipal Clerk Academy and the Annual City & County Clerk’s School in Durham on January 20-23, 2010.

B)  Appointment of Fire Chief:  Approved re-appointment of Jamie Ramsey as Fire Chief for 2010.

C)  Annual Certification of Firemen:  Approve roster of eligible firemen as submitted by the Fire Chief and required by N.C. General Statutes.

D)  City Council Rules of Procedure:  Removed from agenda for continuation at the February meeting.

Waste Management Recycling Presentation

Ms. Peggy Poston, Government & Community Relations for Waste Management reviewed options for a recycling program in Bessemer City.  Ms. Poston advised that while Waste Management services are large in scale, their focus is decidedly local.  It is their policy to custom-tailor services to the areas they service to ensure timely, effective response to customer needs.    The options presented were as follows:

Option 1 (Waste Management supplies all services, labor and capital) - 64-gallon cart serviced every other week (cart supplied by WM) - $4.30 per unit/month.

Option 2 - 96-gallon cart (supplied by City) serviced every other week - $3.60 per unit/month.

Waste Management provides public education and communication to residents with all necessary information regarding single stream recycling, a schedule of service and what can and cannot be recycled.  They are currently providing recycling service to Cramerton, Mt. Holly and Belmont.  In closing, Ms. Poston responded to questions regarding mercury lights which cannot be recycled at this time.   Recycling is collected and taken to a Material Recovery Facility (MRF) center for sorting and disposal.

Demolition Ordinance (HE04-302 E. Boston Avenue)

Jeffrey Kirchner, City Code Enforcement Officer, reviewed an order for demolition of property located at 302 E. Boston Avenue.  Mr. Kirchner advised that Code Enforcement had been dealing with the vacant property since 2000.  The owners are the heirs of Author Sellers, Author Sellers, Jr. and Kimberlyn Sellers.  All known heirs were all sent a “Notice of Hearing” for September 22, 2009.  No one attended.  The house has been abandoned since 1996 and has been a nuisance and blight to the City for years.  The house is structurally in o.k. condition, but a wreck on the interior.  The cost of repairing the house was over 50% of its value when originally estimated 5 years ago and it has deteriorated substantially since then.  The property currently has approximately $5,000 in unpaid taxes.  Mr. Kirchner stated that demolishing this nuisance structure seems to be the only option since the property really doesn’t have an owner and none of the heirs have tried to settle the estate in the past 5 years.  Upon motion by Joe Will, second by Melanie Colvin and unanimous vote, an ordinance was adopted directing the Code Enforcement Officer to demolish and remove the structure on the premises known as 302 E. Boston Avenue.  (Copy on file in Ordinance/Resolution Book at City Hall).

Kiser Trust Fund Committee

Mayor Hovis provided Council Members with his suggestions for committee considerations in determining utilization of the funds from the Kiser Trust as follows:

Task 1) Determine present use of existing Community Center by compiling a list of activities presently being housed to include details of facility needs for each event, number of persons served by activity, relative age of those being served, projected cost recovery of each activity and requirements of staff time for each activity.  This comprehensive listing of current activities and a scope of involvement will provide a base to understand utilization of the center.

Task 2) Generate the same projections for a new center or upgrade of present center. The initial list should be as broad as possible and later in the process it can be determined what activities meet the facility needs, be it existing or new space.

Task 3) Establish mode of new proposed activities and events and related facility needs.

Mayor Hovis recommended the committee be comprised of no more than ten members with City staff providing support as needed.  Following discussion, Council was asked to forward committee recommendations to the Mayor.

Discussion of Open Items

Sales Tax Distribution Agreement:  City staff will follow the signed agreement between the County and Gastonia to model Bessemer City’s agreement and meet in negotiations with the County Manager.  (Completion of the agreement is necessary for budget preparation for 2010-2011).

Council General Discussion

Check water meter at 704 E. Iowa Avenue for possible leaks; pothole at driveway at 5052 Ashley Place; numerous potholes on Apple Lane (paving thin); driveways being damaged on Jonathan Lane due to lack of turn-around space; why is City not hauling needed gravel in City owned dump truck; flashing light out at 8th Street and Alabama Avenue; question on removal of old water tower on mountain; Natural Selection Building - why was it condemned and why does the City still have it; thanks to Captain Myers for his report regarding the Youth Protection Ordinance; plan tour of City facilities before Planning Retreat and budget preparation; gate(s) not being locked at old sewer facility site - will that site eventually have to be cleared; 508 E. Virginia Avenue selling old sinks, etc. especially on weekends; pay more attention to grass (brush) cutting and cleaning of Indian Springs Park; limbs dumped on Logan; discussion of retreat dates; reminder of “Essentials of Government” class.

Adjourn

With no further business to come before the Board, motion to adjourn at 8:15 PM was made by Dan Boling, seconded by Melanie Colvin with unanimous vote.

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

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

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

The City Council met in Special Session on August 10, 2009 at 6:00 PM in the Council Chambers of City Hall. Proper notice was given.

Members Present
Mayor Bob Hovis; Council Members:  Wayne Massagee, Becky Smith, Melanie Colvin, Marilyn Best, Kay McCathen and Wayne Massagee.  City Manager Allan Farris was also present.

Call to Order and Purpose of the meeting
Mayor Hovis called the meeting to order and advised the purpose of the meeting was a review of the “Small Area Plan” by Deb Ryan of Ryan-Harris Consultants. The “Small Area Plan” is a part of the Community Planning Project.

Presentation of Small Area Plan
Ms. Deb Ryan presented the Downtown Small Area Plan (SAPD) and the Edgewood Road Gateway Plan (GP) to the Mayor and City Council.  The recommendations contained in the SAPD are based upon the Strategic Vision Plan, Marketing Study and Land Use Plan developed by the city and adopted by City Council in 2009.  Each plan was developed with extensive public input involving a local Steering Committee, public meetings, and online through Wikiplanning.  The feedback was very positive with widespread support expressed for the SAPD.  The plans seek to illustrate the city leaders’ and local residents’ desire to more actively guide growth and redevelopment in the community.

The Downtown Small Area Plan made seven recommendations which are as follows:

• Expand downtown boundaries

• Extend streetscaping and establish new trails, bike paths and sidewalks

• Strengthen and enforce local codes and design ordinances

• Undertake strategic interventions

• Improve and program open space

• Organize and support downtown merchants and service providers

• Improve landscape maintenance

The Edgewood Road Gateway Plan made four recommendations which are as follows:

• Strengthen and enforce local codes and design guidelines

• Undertake strategic interventions

• Establish a green buffer

• Design and install a way-finding program

A copy of the Small Area Plan is on file at City Hall and available for public inspection.

Adjourn

Mayor Hovis thanked Ms. Ryan for her presentation and the meeting was unanimously adjourned at 6:50 PM by motion of Jim Long and second of Becky Smith.

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