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City Council Meeting Minutes

September 2007
The Bessemer City Council met in regular session on Monday, September 10, 2007 at 7:00 PM in the Council Chambers of City Hall.

Members Present:
Mayor Marilyn Best; Councilmembers: Jim Long, Greg Farris, Howard Jones, Joe Will, Kay McCathen and Wayne Massagee. Interim Manager, Allan Farris and City Attorney David Smith were also present.

Call to Order:
Mayor Best called the meeting to order. Rev. Harold Ashe, Bessemer City Church of God, opened the meeting with prayer followed by the Pledge of Allegiance and Flag Ceremony by Cub Scout Pack 511 and troop leader, Mr. Matt Nelson.

Special Presentations:
A Tiffany Christina Payne, Gaston County’s Outstanding Teen, 2008 – Councilmember Farris read a list of Tiffney’s accomplishments and Mayor Best presented her with an engraved plaque congratulating her for being selected for this prestigious award.
B Mrs. Margaret Franklin, Bessemer City Image Committee – Mayor Best read a letter of thanks that was sent to Mrs. Franklin following her resignation as Chairperson of the Bessemer City Image Committee. Mrs. Franklin who could not be present due to family illness will also be presented with a plaque of appreciation for her service to the City.

Approval of Minutes:
The minutes of the August 13, 2007 meeting were unanimously approved by motion of Kay McCathen and second of Wayne Massagee.

Public Comment:
Mrs. Ann Weisgerber, 104 N. 6th Street addressed Council and asked for assistance regarding transfer trucks that use W. Pennsylvania Avenue where she and her husband own a business. Mrs. Weisgerber complained of the danger that could be associated with wide-angle turns onto this City street and speeding in the area.

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

A Authorization to Purchase Gas – Authorized the City Manager to act as the City’s agent to purchase gas in two or three month increments during the winter months.
B Overnight Travel Request – Approved overnight travel for the City Planner to attend the NC Planning Conference in Chapel Hill on September 26-28; Approved overnight travel for Wayne Massagee, Jim Long, Allan Farris and Janice Costner to attend the 2007 NCLM Conference in Fayetteville, October 14-16.
C Resolution Confirming Property Exchange (Surf & Turf Restaurant/Bob King): Adopted Resolution confirming property exchange between Bob Kings and the City with an additional $10,000 paid for the City property. The matter was advertised regarding the City’s intent to convey the property. (Copy on file in Ordinance/Resolution Book).
D Appointments to Cemetery Committee – The Cemetery Committee has three vacant seats and while the committee only meets a couple of times per year, it is important to have representation from each ward. Council was asked to review the list and consider new appointments at the October meeting.

Public Hearing – Proposed Flood Prevention Ordinance &
Flood Insurance Rate Maps:
A Public Hearing was held at the request of staff to consider adoption of the proposed Flood Prevention Ordinance and Flood Insurance Rate Maps. City Planner Kevin Krouse reviewed the proposed ordinance advising that the City participates in FEMA’s National Flood Insurance Program. One of the requirements of the program is to keep current maps (Flood Insurance Rate Maps) adopted and have an approved ordinance in place that regulates development in the floodplains. Mr. Krouse recommended adoption of the proposed Ordinance and Maps with an effective date of September 28, 2007. Mayor Best declared the hearing open and there being no one desiring to speak, declared the hearing closed. Upon motion by Jim Long and second by Joe Will, the Flood Prevention Ordinance and Flood Insurance Rate Maps were unanimously adopted as recommended. (Ordinance on file in Ordinance Resolution Book at City Hall and the Flood; Maps will be maintained in the Planning Office at City Hall).

Consideration of City Flag:
Manager Allan Farris stated he had been approached regarding a “City Flag” by several business owners. With Council approval the manager agreed to further investigate the cost for the design and purchase of a flag and or banners for the decorative light poles. During discussion members of Council suggested checking with Buck Lawrimore (who presented the Core Strategy Development Plan for the City) on the idea and design of a flag, combining the project with the Chamber of Commerce, splitting cost with local businesses and the possibility of involving citizens in the flag design.

Mickley Avenue Bridge:
Manager Farris advised that the Department of Transportation is pushing for a decision on the replacement of the Mickley Avenue Bridge. He stated costs estimates for replacement of the bridge are approximately $2.5 million. On an 80/20 cost share the City’s part would be around $500,000. If the City should choose to close the “E” Street surface crossing making it a pedestrian crossing, NCDOT Rail Division could possibly contribute $150,000 to the project. Norfolk Southern may also contribute 5% toward the project bringing the City’s cost to $225,000. Engineering for the bridge project was completed on an 80/20 cost share basis and totaled $49,620. The City’s part of the cost share of the engineering was $9,924 and Council was reminded that if the decision is made not to replace the bridge a reimbursement of the total engineering cost would be required ($39,696). The Manager went on to explain that if the bridge is not replaced, eventually it will be closed and traffic re-routed around Logan which would create a significant increase in traffic on side streets. A point to remember is that the estimates could be conservative and ultimately be considerably more. Planner Kevin Krouse added that low interest financing should be available and that the bridge is a historic landmark with a historic document on file. During discussion, City Council asked that the prices and cost sharing be confirmed. Wayne Massagee moved to authorize the Planner to pursue the bridge project by gathering more information and cost, cost sharing and financing. Second was by Jim Long with unanimous vote.

City Attorney Report – Ashley Place Patio Homes:
City Attorney David Smith reported that he and the City Manager had undertaken negotiations with Mr. Glenn Adams, Ashley Place owner, regarding reimbursements for water/sewer construction and privilege fees. Attorney Smith had written Mr. Adams Attorney, Mr. Doug Robinson offering to
1) settle for installments of $1,370.00 per lot (for a total of $63,003.55) at the time the lots are connected to the City system or
2) settle for the amount of $41,452.55 if paid within ten days of acceptance of the proposal.

The two proposals were made to Mr. Adams’ attorney with the proviso that they were subject to Council approval. Mr. Adams agreed to accept the proposal to pay the $41,452.55 but requested that he be given until October 31, 2007 to make the payment. After a lengthy discussion, motion was made by Greg Farris to require payment in full totaling $63,003.55 for Mr. Adams’ part of the water/sewer reimbursement and privilege fees and that no permits be issued until the lump sum payment was made in full. Motion seconded by Jim Long. Voting in favor of the motion: Greg Farris, Jim Long, Wayne Massagee, Kay McCathen and Joe Will. Voting in opposition: Howard Jones.

Patriot Day Proclamation:
Mayor Best read a Proclamation issued by the President of the United States proclaiming September 11, 2007 as Patriot Day. As stated in the Proclamation and in observance of Patriot Day, Mayor Best asked that the flag be displayed at half-staff to honor the innocent Americans and people from around the world who lost their lives as a result of the terrorist attacks of September 11, 2001.

Council General Discussion:
Continue to urge citizens to conserve water, potential for fires with the dry weather, Arc Street paving project is nearing completion, the East End Storage tank is not be torn down at this time, large number of pets without homes, request from merchant to move the Down Home Festival up or back a week due to the Mother’s day weekend.

Update of Water Situation:
Public Utilities Director, Lee Hayes reported that the water situation remains critical and that he, Manager Farris and the City Engineer are continually pursuing options to create other water sources. Approval has been given to drill a test well at the old water plant site, which was a major source of water back in the 1940’s. Work is also on going with a geologist to come up with additional sites that may yield acceptable volumes of water. The City purchased 11,863,000 gallons of water from Kings Mountain between August 17 and September 9 at a cost of $27,759.00.

Adjourn:
There being no further business to come before the Board, motion to adjourn at 8:35 PM was made by Howard Jones, seconded by Wayne Massagee and passed.

---Janice M. Costner, City Clerk ---Marilyn H. Best, Mayor
  
2007
Bessemer City
Council Members


Wayne Massagee
Ward 1


Kay McCathen
Ward 2


Joe Will
Ward 3


Howard Jones
Ward 4


Greg Farris
Ward 5


Jim Long
Ward 6


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