MONDAY, JANUARY 14, 2008 AT 4:00 P.M.
The Cedar Bluff Town Council of
the Town of Cedar Bluff, County of Cherokee, State of Alabama, met in Regular
Scheduled Session in the Council Room at Town Hall, 3420 Spring Street, Cedar
Bluff, Alabama, Monday, January 14, 2008 at 4:00 p.m., pursuant to notice duly
posted as prescribed by law. Mayor
Mayor District 1
Joan May
District 2 District 3
Ethel Sprouse
District 4 District 5
INVOCATION
The invocation was given by Council member
FLAG SALUTE
At this time,
Mayor Baker called upon State Representative Richard Lindsey to present a check
from the State to the Parks and Recreation Board in the amount of $5,000.00 for
playground equipment for the
AGENDA ITEM NO. 1: Consider approval of the minutes of the December 10, 2007 meeting.
Council member Burkhalter advised corrections need to be made on Agenda Item No. 11. “for 2007” needs to be added after incentive.
Mrs. Burkhalter
also advised that on Agenda Item No. 15.
“Meeting calendar” needs to be changed to “
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter that the minutes of the December 10, 2007 meeting be approved with corrections. Motion carried (6-0)
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 2: Acknowledge the minutes from the following Boards, Committees and Authorities.
a. Planning Commission meeting of December 3, 2007
b. Cedar Bluff Utility Board and Solid Waste Authority meeting of November 6, November 16, November 19, December 3, 2007
The minutes from the Boards, Committees and Authorities were acknowledged.
AGENDA ITEM
NO 3: Acknowledge
the
The Cherokee County Narcotics Unit Activity Report was acknowledged.
AGENDA ITEM NO. 4: Presentation of Police Report for December, 2007
The
Police Report for December, 2007 was presented by Police Chief
DECEMBER 2007
|
CITATIONS |
|
WARNINGS |
|
ARRESTS |
|
REPORTS |
|
|
DUI |
5 |
No seat belt |
5 |
Assault |
0 |
Domestic |
6 |
|
No seat belt |
0 |
Child restraint
violation |
0 |
Drugs |
1 |
Theft |
4 |
|
Child restraint
violation |
0 |
Speeding |
18 |
Drug paraphernalia |
0 |
Burglary |
2 |
|
Speeding |
11 |
Speeding +25 mph |
0 |
Domestic violence |
1 |
Harassment |
2 |
|
Speeding +25 mph |
2 |
No driver's license |
1 |
Reckless
endangerment |
0 |
Assault |
1 |
|
No driver's license |
0 |
No proof of
insurance |
5 |
Disorderly conduct |
1 |
Traffic crash |
3 |
|
No proof of
insurance |
1 |
Susp/Rev/Canc DL |
1 |
UPPB |
0 |
Other |
6 |
|
Susp/Rev/Canc DL |
1 |
Run stop sign |
1 |
Theft |
3 |
|
|
|
Reckless driving |
0 |
Improper/No tag |
7 |
Burglary |
0 |
CALLS w/no |
|
|
Attempting to elude |
0 |
Improper equipment |
8 |
Public intoxication |
1 |
report taken |
|
|
Run stop sign |
0 |
Other |
6 |
Criminal mischief |
0 |
Alarm |
5 |
|
Open container |
0 |
Checkpoint |
12 |
Criminal trespass |
0 |
Noise |
3 |
|
Improper/No tag |
0 |
|
|
Other |
1 |
Animal |
2 |
|
Improper equipment |
0 |
|
|
Felony warrants |
2 |
Disturbance |
22 |
|
Other |
0 |
|
|
Misdemeanor warrants |
1 |
Othercall |
54 |
|
|
|
|
|
|
|
Agency assist |
32 |
AGENDA ITEM NO. 5: Presentation of Fire
Department Report for December, 2007.
The
Fire Reports for December, 2007 was presented by Mayor
DECEMBER
2007
Structure
related alarms- 5
Vehicle
related alarms- 0
Woods
and Grass fires- 5
Medical
alarms- 0
Wrecks
or Accidents - 5
Unspecified
or other alarms- 0
Total Runs 14
Total Runs for 2007 – 225
AGENDA ITEM NO. 6: Presentation of Code Enforcement Report for December, 2007
The
Code Enforcement Report for December, 2007 was presented by Code
Enforcement/Zoning Official
DECEMBER 2007
Three
permits for accessory structure
Two
remodel permits
Three
electrical permits
One
plumbing permit
Two
mechanical permits
One
moving permit
Five
Zoning permits
Five
Building Permits in December 2007 total construction cost was $27,500.00
Total construction costs of Building Permits for 2007 is $3,247,300.00
AGENDA ITEM NO. 7: Consider allowing Vickie Robinson to address the Council regarding the Progress Review & Forecast Edition
Mayor Baker called upon Ms. Vickie Robinson, Cherokee County Herald to address the Council to purchase a space in the 2008 Review and Forecast. The cost of a 4 column by 10.5 inch space is $183.96.
A motion was made by Council Member Sprouse, seconded by Council Member Pearson, to purchase the same advertisement space as in 2007. Motion carried. (6-0)
AYE: Sprouse, Pearson, Baker, Harp, Burkhalter, May
NAY: None
AGENDA ITEM NO. 8: Consider application submitted by Alicia Bailey dba Vito’s Italian Café` for retail beer and wine sales.
Mayor Baker advised that Pasquales restaurant has changed the name to Vito’s and is applying for a retail beer and wine license for consumption on premise.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to approve the application for Vito’s Italian Restaurant to sell retail beer and wine for consumption on premises. Motion carried (6-0)
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 9: Consider recommendations from the Planning Commission (deferred from 12/10/07 meeting).
· Rezone certain property located on Alabama Highway 9 and County Road 92 from the Trammel Mobile Home Park on Hwy 9 to the intersection of Hwy 9 and County Road 92 from R-2, Medium Density Residential District to HC, Highway Commercial Zoning District
Planning Commission recommends
approval
Mayor Baker asked for a motion to approve the recommendations from the Planning Commission.
Council Member Sprouse advised the Council that she felt the highest and best use of the property is not Highway Commercial since the property is below grade.
Council Member Sprouse also requested the Planning Commission check into getting a land use plan for Cedar Bluff.
It was the consensus of the Council that this item be deferred to the February 11, 2008 meeting.
AGENDA ITEM NO. 10: Consider an ordinance establishing
the salary of the Mayor and Council Members of the Town of
Mayor Baker introduced
Ordinance No. 2008-01 “An ordinance establishing the salary of the Mayor
and Council Members of the Town of
Mayor Baker advised this ordinance is to increase the Mayor’s salary to $750.00 and the Council Member salary to $150.00.
Council Member May made a motion to keep salaries the same and not be increased. Council Member Burkhalter made the second to the motion and it carried to keep salaries the same and not pass new ordinance. (6-0).
AYE: May, Burkhalter, Pearson, Baker, Sprouse, Harp
NAY: None
AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property located at the intersection of AL Hwy 9 and County Road 63 from “RR” Rural Residential District to “HC” Highway Commercial Zoning District Zoning District. (Applicant: Betty Zoller)
Mayor Baker declared a public hearing open to consider rezoning property located at the intersection of AL Hwy 9 and County Road 63.
No persons appeared and the public hearing was closed.
Mayor Baker introduced Ordinance No. 2008-02 “An ordinance to rezone property located at Alabama Highway 9 and County Road 63 from “RR” Rural Residential District to “HC” Highway Commercial Zoning District.”
After due and careful consideration, a motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to adopt Ordinance No. 2008-02 to rezone property located at Alabama Highway 9 and County Road 63 from “RR” Rural Residential District to “HC” Highway Commercial Zoning District. Motion carried (6-0)
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 12: Public hearing and consider an ordinance to rezone property located on County Road 92 (both sides of road), from “R-2” Medium Density Residential Zoning District to “RR” Rural Residential Zoning District. (Applicant: Planning Commission)
Mayor Baker declared a public hearing open to consider rezoning property located on County Road 92 (both sides of road), from “R-2” Medium Density Residential Zoning District to “RR” Rural Residential Zoning District.
Council Member Sprouse advised she felt the land was not suitable for rural residential and that it should be rezoned to a higher density.
No other persons appeared and the public hearing was closed.
Mayor Baker introduced Ordinance No. 2008-03 “An ordinance to rezone property located on County Road 92 (both sides of road), from “R-2” Medium Density Residential Zoning District to “RR” Rural Residential Zoning District.”
After due and careful consideration, a motion was made by Council Member May, seconded by Council Member Pearson, to adopt Ordinance No. 2008-02 to rezone property located on County Road 92 (both sides of road), from “R-2” Medium Density Residential Zoning District to “RR” Rural Residential Zoning District. Motion carried (5-2)
AYE: May, Pearson, Baker, Harp
NAY: Sprouse
ABSTAIN: Burkhalter
AGENDA ITEM NO. 13: Public hearing and consider an ordinance to amend the zoning ordinance, Article V, Section 6.2, Permitted Uses (remove “C”).
Mayor Baker declared a public hearing open to consider amending the zoning ordinance, Article V, Section 6.2, Permitted Uses to remove “C” (No Class A manufactured homes in “R-1” Low Density Residential Zoning District).
No persons appeared and the public hearing was closed.
Mayor Baker introduced Ordinance No. 2008-04 amending the zoning ordinance