March 10, 2008

Members Present
Mayor Bob Hovis; Councilmembers: Wayne Massagee, Kay McCathen, Marilyn Best, Howard Jones, 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. He opened the meeting by observing a moment of silence in remembrance of the Assistant City Manager in Matthews who was killed in an accident on Saturday and the fallen Fire Fighters who lost their lives in the line of duty while fighting a mill fire in Salisbury. Mayor Hovis then led in the Pledge of Allegiance.

Approval of Minutes
Upon motion of Howard Jones and second of Jim Long, the minutes of the February 11, 2008 meeting were unanimously approved.

Request to Speak
Mr. Ted Saunders, Principal of Bessemer City High School addressed Council regarding concerns involving fund raising/donations for the school. As a matter of information, Mr. Saunders reported on a situation where funds had been raised by individuals in the name of the school but outside the school’s control. While the matter has been resolved, the person responsible was upset and had complained to officials and the school board. To protect the school’s name, all fund raising must be approved by the Principal. Mr. Saunders spoke briefly on fund raising efforts for the purpose of building a field house and the dilemma caused by requirements of the county and associated project cost. He also reported on a program that he was very proud of that will offer approximately forty students, not performing at grade level, the opportunity to participate in a five-year program. Upon completion of the program, students would not only graduate from High School but would also receive a two-year college diploma in the arts. Mr. Saunders thanked the Elected Officials and City Staff for their support over the years.

Consent Agenda
The following items were approved unanimously by motion of Jim Long and second of Kay McCathen:

Declaration of Surplus Property & Proposal for Removal of the East End Water Tank
Upon recommendation of the City Attorney and action by the City Council at the February 11, 2008 meeting, a Resolution declaring the East End Water Tank as surplus property and a formal proposal for the tank’s removal was presented for consideration. City Attorney David Smith advised that GS 160A-266 allows the City to sell personal property worth less than $30,000 by private negotiation and sale. Upon motion of Howard Jones and second of Marilyn Best, a Declaration of Surplus Property and a proposal from Phoenix Fabricators & Erectors, Inc. was unanimously approved. As per GS 160A-267 a notice of sale by private negotiation will be published in the local paper and the sale not consummated for ten days following the publication. (Copy on file in Resolution Book at City Hall).

Contract for General Tree Work & Soil Management
City Council reviewed a proposal for General Tree Work and Soil Management from Bartlett Tree Experts. The proposal was a result of a meeting between Brian Frierson, a representative of Bartlett Tree and the Christmas Committee who requested the City’s Christmas tree be evaluated prior to decorating it for the 2008 Christmas season. Mr. Frierson recommended general tree care to include trimming and fertilizing and he saw no problem with decorating the large Deodara Cedar tree as long as nails or staples were not used. The proposal included other trees in the area of the Christmas tree that were also in need of soil management. Upon motion of Marilyn Best and second of Becky Smith the Bartlett Tree proposal in the amount of $2,840.00 was unanimously approved.

Down Home Festival Report
Recreation Director Jo D. Franklin presented City Council with a report on plans for the City’s Down Home Festival (20th Anniversary). The City took over the festival in 2007 and $18,000 was appropriated in the Parks & Recreation’s 2007/08 budget for its operation; however, much of this money will be recovered through sponsorships, vendor fees and ticket sales. The 2008 festival is being expanded to include a Friday night street dance, hot air balloon rides and a fireworks display. Rides and amusements will also open on Friday night with discounted ticket rates. Saturday’s event will be held from 10:00 AM until 5:00 PM and will again host three stages with scheduled entertainment, activities, food and craft vendors. The festival committee meets every other Thursday at 9:30 AM at City Hall with the next meeting scheduled for March 20th.

Mickley Avenue Bridge
Planner Kevin Krouse presented an update on the Mickley Bridge Project at the February 11, 2008 Council meeting advising that NCDOT was requesting a decision on whether or not to proceed with the bridge replacement. Mr. Krouse also reported that the updated cost estimate for the project was $2,830,632. The City’s responsibility is 20% of the project cost or $566,126. Norfolk Southern and NCDOT (Rail Division) have committed $250,000 to be applied to the City’s cost in exchange for the closing of the “E” Street crossing, thus reducing the City’s out of pocket expense to $316,126. Following discussion of the fact that the project can be financed over a three-year period at 0% interest, Howard Jones moved to proceed with the bridge project, seconded by Kay McCathen with unanimous vote.

Discussion on Current State of Water Shortage and Stage III Restrictions
Mayor Hovis reported that Council had received emails from the City Manager and Mayor regarding the state of the City’s water shortage and current restrictions. The last report from the Public Utilities Director advised that all storage reservoirs were at full pond and in fact, overflowing. With this in mind, the Manager and Mayor felt it important to bring the matter of restrictions to Council for consideration of lifting or easing current Stage III Restrictions. Mayor Hovis stated that citizens had worked with the City in efforts to conserve water and limit the amount of water that had to be purchased from Kings Mountain and now needed some relief for spring plantings and projects. The Public Utilities Director recommended the Stage III Water Restrictions be lifted based on the fact that storage reservoirs were overflowing and stream levels had a moderate to heavy flow on a continuous basis, including tributaries. Councilmember Long and other members expressed concern that lifting restrictions would give the impression that there’s plenty of water available when in fact, we are still in a major drought situation. He also wanted to know the plans of neighboring cities regarding restrictions. The City Manager advised that area Managers had reported in the monthly managers’ meeting (and via email) that this matter would be placed on their agenda for discussion. Discussion was held on sprinkler systems that water the roads and the guidelines imposed under Stage 1 water shortage conditions. Following discussion, Jim Long moved not to lift restrictions but to ease them by going back to Stage 1 which urges citizens to conserve. Kay McCathen seconded the motion and vote was unanimous.

Sale of City Property
City Manager Allan Farris reported that Mr. Greg Farris had contacted him regarding the possible purchase of property owned by the City. The property is located on Highway 274 adjacent to the Surf & Turf Restaurant. Mr. Farris and other investors had recently expressed an interest in purchasing part (approximately 3 acres) of the parcel which totals 8.07 acres at present with the intent of building a restaurant. The property appraised at $21,000/acre at its last appraisal June 2007. Manager Farris stated any allowable use in the C-1 zone could be constructed; however, the UDO allowed restrictions to be placed on the property. Mr. Farris was present and advised at present he is just checking to see if it is the Council’s desire to sell the property. He was not sure what or when, but is looking at the feasibility of building a restaurant depending on the property being available and the cost involved. After discussion, it was the consensus of Council to proceed with negotiations for the sale of the property. Attorney David Smith suggested that a (written) offer be entertained from Mr. Farris or other interested parties. Proposals would be brought before the Council for approval and if accepted would be subject to the Upset Bid Process as outlined in General Statutes. Conditions could be discussed with potential buyers; however, current zoning in place may be adequate.

Discussion on Purchase of Water from Kings Mountain
Mayor Hovis advised that he had been contacted by the City of Kings Mountain with some questions and concerns regarding the City’s future direction for the purchase of water. Kings Mountain officials have been made aware that the City is very appreciative of the service provided to our utility customers by providing water in a time of need. However, Kings Mountain has requested an opportunity to have further discussion with the City regarding future plans for the purchase of water. One thing for discussion would be concerns raised by the City Manager regarding availability fees. Council briefly discussed the possibility of being back in the same drought situation again this summer and their desire to keep an open relationship with Kings Mountain. It was the consensus of City Council that the Mayor, Manager and Public Utilities Director should sit down with Kings Mountain officials and staff for further communication regarding water purchase and other associated fees.

Council General Discussion
Items brought up during “General Discussion” were as follows: Attention needed on Sunset Lane, update of MPO road projects and Division 12 transportation funding, attendance at First Focus Breakfast where the DOT discussed work accomplished in York County through “Pennies for Progress” (money earmarked for roads), Stage 1 water restrictions and the necessity that the City continue efforts to secure additional sources of water, street rights-of-way and gulley on N. 6th near Florida Avenue, posters covering store front in downtown area, look at compactor for Public Works in upcoming budget, Crowders Mountain Fire/Rescue planning to have a mobile unit for first aid at festival.

Adjourn
There being no other business to come before the Council, motion to adjourn at 8:20 PM was made by Marilyn Best, seconded by Wayne Massagee and passed unanimously.

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