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, February 12, 2007 at 4:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Martha Baker presided and called the meeting to order. Members in attendance were as follows:
Martha Baker Billie Burkhalter
Mayor District 1
Rick Sides Forrest
Pearson
District 2 District 3
Ethel Sprouse Leatha
Harp
District 4 District 5
INVOCATION
The invocation was given by Council member Leatha Harp.
FLAG SALUTE
At this time, Mayor Baker deviated from the Agenda to allow Mr. Roger Griffeth to present the Council with an update on the Fun-Raiser Committee.
Mr. Griffeth advised the committee would be working with the Chamber of Commerce for a booth at the Home and Garden Show. He also advised they would be setting a date for the annual fun-raiser in March, 2007.
Mr. Griffeth also advised the Council that the paperwork for the grant from Representative Richard Lindsey had been completed.
AGENDA ITEM NO. 1: Consider
approval of the minutes of the
A
motion was made by Council Member Sprouse, seconded by Council Member
Burkhalter that the minutes of
AYE: Sprouse, Burkhalter, Sides, Pearson. Baker, Harp
NAY: None
AGENDA ITEM NO. 2: Acknowledge the minutes from the following Boards and Committees.
a.
Planning Commission meeting of
b.
Cedar Bluff Utility Board and Solid Waste
Authority meeting of
The minutes from the Planning Commission and the Cedar Bluff Utility Board and Solid Waste Authority meetings were acknowledged.
AGENDA ITEM NO. 3: Presentation of Police Report for January, 2007 by Police Chief Walden.
The Police Report for January, 2007 was presented by Police Chief Steve Walden
ARREST UTC’S
DRUGS
6
SPEEDING 9
DRUG
PARAPHERNALIA 4
RECKLESS
DRIVING 2
PISTOL
WITHOUT PERMIT NO SEAT BELT
DOMESTIC VIOLENCE
SUSP. OR REVOKED DL
DISORDERLY
CONDUCT ATTEMPT
TO ELUDE
NOISE
ORDINANCE NO
INSURANCE 1
CRIMINAL
LITTERING IMPROPER
EQUIPMENT
D.U.I. 1 DOG ORDINANCE
U.P.P.B
3 IMPROPER
OR NO
THEFT
16 IMPROPER
TURN
BURGLARY
IMPROPER
PASSING
PUBLIC INTOXICATION 1
NO DL. 2
WARRANTS
1 CHILD RESTRAINT
OTHER 2
OTHER 1
THEFT REPORTS TRAFFIC CRASHES
4
RECOVERED PROPERTY SEIZED PROPERTY
AGENDA ITEM NO. 4: Presentation of Fire
Department Report for January, 2007
by Fire Chief J. P. Curry.
The
Fire Report for January, 2007 was presented by Fire Chief J P Curry
Structure
related alarms- 8
Vehicle
related alarms- 1
Woods
and Grass fires- 3
Medical
alarms- 2
Wrecks
or Accidents -5
Unspecified
or other alarms- 0
Total Runs 19
At
this time, Fire Chief Curry advised that a
Chief Curry also advised the Council that over $6,000 dollars has been collected as a result of donation letters sent out in January, 2007.
Mayor Baker now deviated from the regular agenda to consider Agenda Item 19 to consider authorizing Fire Chief Curry to purchase turnout gear for the Fire Department at a cost of approximately $15,000.
A motion was made by Council Member Sprouse, seconded by Council Member Pearson to authorize Fire Chief Curry to purchase turnout gear for the Cedar Bluff Volunteer Fire Department. Motion carried (6-0)
AYE: Sprouse, Pearson, Baker, Harp, Burkhalter, Sides
NAY: None
AGENDA ITEM NO. 5: Presentation of Code Enforcement Report for January, 2007 by Code Enforcement Officer Jimmy Wallace
The Code Enforcement Report for January, 2007 was presented by Code Enforcement Official Jimmy Wallace
One
Building Permit for new House
Two
Building Permits for addition to house
One
Building Permit for a Store
One
Building Permit for mobile office
Four
Permits for Accessory Structures
Ten
Zoning Permits
Nine
Electrical Permits
Six
Plumbing Permits
Five
Mechanical Permits
One
Gas Permit
Four
Sewer Pump Station Permit
One
Sign Permit
Nine
Building Permits in January 2007 total construction cost was $524,500.00
AGENDA ITEM NO. 6: Mayor’s Proclamation
“Black History Month”
February 2007
Mayor
Baker presented the “Black History Month” proclamation to Cedric Williams,
AGENDA ITEM NO. 7: Presentation by Jim Crouse, Public Systems regarding the Community Block Grant Neighborhood Revitalization Project.
Mr. Jim Crouse, Public Systems, Inc. appeared before the Council to give an update on the Community Block Grant Neighborhood Revitalization Project. Mr. Crouse advised that Cedar Bluff has missed getting the grant last year by one (1) point and stressed the fact that the volunteer plan for rehabilitation needed to be strengthened before re-applying for the grant.
Mr. Crouse also
advised the grants available to the Town of
A motion was made by Council Member Harp, seconded by Council Member Sprouse to re-apply for the Community Block Grant Neighborhood Revitalization Project. Motion carried (6-0).
Council Member Sprouse will be the contact person for Mr. Crouse.
AYE: Harp, Sprouse, Burkhalter, Sides, Pearson, Baker
NAY: None
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to amend the Zoning Ordinance on the following:
· Amend Section 7.2, R-2 Medium Density Residential Zoning District; (D). allow campers and recreational vehicles (only if lot does not have enough area above Alabama Power Flood Easement line to build a house on). Rules and Regulations of the LR Lakefront Recreational Zone will apply.
· Amend Section 8.2, (A). R-3, High Density Residential Zoning District; all uses permitted in R-2, Medium Density Residential Zoning District, except 7.2 D.
Mayor Baker declared a public hearing open to discuss amending the Zoning Ordinance.
No persons appeared and the public hearing was closed.
Zoning Official Jimmy Wallace advised that campers are allowed in “LR” Lakefront Recreational Zoning District and all other districts ly within the LR zone and this ordinance will not change anything but will clarify the wording.
A motion was made by Council Member Sprouse, seconded by Council Member Sides, to suspend all rules and regulations which unless suspended, would prevent the immediate consideration and adoption of the said ordinance. Motion carried (6-0).
AYE: Sprouse, Sides, Pearson, Baker, Harp, Burkhalter
NAY: None
After due and careful consideration, Ordinance No. 2007-01 was introduced and entitled “An ordinance amending Ordinance No. 107 regarding the zoning provisions as it applies to the Town of Cedar Bluff and amending the official zoning map of the Town of Cedar Bluff ”.
A motion was made by Council Member Sides, seconded by Council Member Burkhalter, to adopt Ordinance No. 2007-01 as presented. Motion carried (6-0)
AYE: Sides, Burkhalter Pearson, Baker, Sprouse, Harp
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance to
annex property located at 8160 Highway 9 North into the corporate limits of the
Town of
After due and careful consideration, Ordinance No. 2007-02 was introduced and a motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to suspend all rules and regulations which unless suspended, would prevent the immediate consideration and adoption of the said ordinance. Motion carried. (6-0).
AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp
NAY: None
A motion was made by Council Member Burkhalter, seconded by Council Member Sides, that Ordinance No. 2007-02 annexing the property located at 8160 Alabama Highway 9 North, owned by Stephanie A. Phillips, into the corporate limits of Cedar Bluff, Alabama be adopted as presented. Motion carried (6-0).
AYE: Burkhalter, Sides, Pearson, Baker, Sprouse, Harp
NAY: None
AGENDA ITEM NO. 10: Consider the recommendations
submitted by the Planning Commission.
a.
Rezone property located at
Commission recommends approval
A motion was
made by Council Member Sprouse, seconded by Council Member Burkhalter to
approve the recommendation of the Planning Commission to rezone property
located at
AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp
NAY: None
b Amend Article V, Section 10, “NB, Neighborhood Business Zoning District to allow temporary mobile or modular office buildings for a term not to exceed two (2) years unless probable cause can be shown
Amend Article V, Section 11, “HC”, Highway Commercial Zoning District to allow temporary mobile or modular office buildings for a term not to exceed two (2) years unless probable cause can be shown
Amend Article V, Section 12, “LM” Light Manufacturing Zoning District to allow temporary mobile or modular office buildings for a term not to exceed two (2) years unless probable cause can be shown
Commission recommends approval
A motion was made by Council Member Sides, seconded by Council Member Pearson, to approve the recommendation of the Planning Commission to amend the Zoning Ordinance to allow temporary mobile or modular office buildings for a term not to exceed two (2) years in “NB”; “HC”; and “LM” zoning districts and consider amending the zoning ordinance at the next council meeting. Motion carried (6-0).
AYE: Sides, Pearson, Baker, Sprouse, Harp, Burkhalter
NAY: None
AGENDA ITEM NO. 11 Consider amending Ordinance Number 125 to correct legal descriptions of annexed property.
Zoning Official Jimmy Wallace advised this ordinance is to correct legal descriptions of certain properties that should have been excepted from the deed when annexed into the corporate limits of Cedar Bluff in May 2001.
After due and careful consideration, Ordinance No.125-A was introduced and a motion was made by Council Member Burkhalter, seconded by Council Member Pearson, to amend Ordinance No. 125 as presented. Motion carried (6-0).
AYE: Burkhalter, Pearson, Baker, Sprouse, Harp, Sides
NAY: None
AGENDA ITEM NO. 12 Consider an ordinance incorporating the Parks and Recreation Board.
Mayor Baker advised that this item needed to be deferred to the next Town Council meeting to allow the City Attorney to prepare the ordinance.
A
motion was made by Council Member Sprouse, seconded by Council Member
Burkhalter, to defer this item to the
AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 13: Consider a resolution
adopting the National Incident Management System (NIMS) as the standard for
emergency response in Cedar Bluff,
Police Chief Steve Walden advised this resolution was to allow the Police Department to be eligible for Federal Grants.
After due and careful consideration, Resolution No. 2007-01 was introduced and a motion was made by Council Member Sprouse, seconded by Council Member Sides, to adopt Resolution No. 2007-01 as presented. Motion carried (6-0).
AYE: Sprouse, Sides, Pearson, Baker, Harp, Burkhalter
NAY: None
AGENDA ITEM NO. 14: Consider a resolution and
supplemental agreement with the Alabama Department of Transportation extending
the expiration date for the Sidewalk Project (STPTE-TE05 (910) S1 from
Mayor Baker
advised that this resolution and agreement was to extend the expiration date
for the Sidewalk Project (STPTE-TE05 (910) S1 from
After due and careful consideration, Resolution No. 2007-02 was introduced and a motion was made by Council Member Burkhalter, seconded by Council Member Pearson, to adopt Resolution No. 2007-02 as presented. Motion carried (6-0).
AYE: Burkhalter, Pearson, Baker, Sprouse, Harp, Sides
NAY: None
AGENDA ITEM NO. 15: Re-consider the decision to keep the K-9 unit police car as a backup vehicle.
Mayor Baker advised the Council that she would like to re-consider the decision to keep the K-9 unit police car. The cost of insurance and equipment is too expensive to have a vehicle that is not being used.
A motion was made by Council Member Sides, seconded by Council Member Pearson, to declare the K-9 unit police car as surplus and authorize the sale thereof. Motion carried (6-0)
AYE: Sides, Pearson, Baker, Sprouse, Harp, Burkhalter
NAY: None
AGENDA ITEM NO. 16: Consider a resolution declaring a seized Ford Explorer; 1992 Dodge Dakota 4x4; Police Chief’s car; and the K-9 Unit Police car surplus and authorizing the sale thereof at auction.
After due and careful consideration, Resolution No. 2007-03 was introduced and a motion was made by Council Member Pearson, seconded by Council Member Sprouse, to adopt Resolution No. 2007-03 authorizing the sale of vehicles at auction. Motion carried (6-0).
AYE: Pearson, Sprouse, Harp, Burkhalter, Sides, Baker
NAY: None
AGENDA ITEM NO 17: Consider appointing a Board of Appeals
Mayor Baker
advised the Council of the need to appoint a Board of Appeals for the Town of
A motion was
made by Council Member Sprouse, seconded by Council Member Harp, to appoint a
Board of Appeals for the Town of
AYE: Sprouse, Harp, Burkhalter, Sides, Pearson, Baker
NAY: None
AGENDA ITEM O. 18: Consider amending the Policies and Procedures manual pertaining to Compensation time Police Officers.
Mayor Baker advised the Council that the Policies and Procedures manual pertaining to Compensation time for Police Officers needed to be amended to read “The town will pay non exempt overtime work in the form of compensatory time, to be taken as compensatory tine and a half for time taken. This compensation time taken will be at the Police Chief’s discretion. Maximum accrual for police officers is 480 hours.”
A motion was made by Council Member Burkhalter, seconded by Council Member Harp, to amend the Policies and Procedures manual as presented. Motion carried (6-0).
AYE: Burkhalter, Harp, Sides, Pearson, Baker, Sprouse
NAY: None
AGENDA ITEM NO. 19: Consider allowing Fire Chief J P Curry to purchase Bunker Gear Turnouts for the Volunteer Fire Department at a cost of approximately $15,000.
This item was considered and approved earlier in the meeting.
AGENDA ITEM NO. 20: Consider allowing Mr. Scott Wright, County Road 131 to address the Council regarding the implementation of “No Littering” signs on County Road 131.
Mr. Scott Wright addressed the Council regarding the litter on County Road 131 and requested the implementation of “No Littering” signs.
A motion was made by Council Member Sprouse, seconded by Council Member Sides, to purchase “No Littering” signs. Motion carried (6-0)
AYE: Sprouse, Sides, Pearson, Baker, Harp, Burkhalter
NAY: None
AGENDA ITEM NO. 21: Consider the installation of a 3-way traffic light at Highway 9 and 68 by Alabama Department of Transportation.
Mayor Baker advised that she had talked with the Alabama Department of Transportation regarding a traffic light at Highway 9 and 68. The cost would be approximately $60,000 and the town would be responsible for approximately $15,000.
A lengthy discussion ensued about other options such as a flashing caution light and the possibility of a right turn only sign out of the Weiss Mart. No action was taken on this item.
AGENDA ITEM NO. 22: Consider hiring a part time employee for the Clerk’s office
The Mayor advised she would be advertising for a part-time employee for the Town. No action taken on this item.
AGENDA ITEM NO. 23: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
In New Business, Mayor Baker advised that Cedar Bluff had received a letter FEMA regarding violations and advising of corrections that need to be made.
Mayor Baker also advised that the Town had received a qualified audit and balance sheet from Hindsman and Storey.
AGENDA ITEM NO. 24: Citizen’s Participation ( A five minute limit per person)
Under Citizen’s Participation, Herb Sherwin inquired about replacing the Welcome to Cedar Bluff signs. He also inquired about who cleans the causeway.
Marcia Kastl advised that the speed limit sign on Summer Place Road. Police Chief Walden advised he would get it back up.
AGENDA ITEM NO. 25: Council Member’s Comments
In Council Member’s Comments, Council Member Sprouse inquired about the Unsafe Building Abatement Code and the International Property Code. She asked Zoning Official Jimmy Wallace to please check on these.
AGENDA ITEM NO. 26: Adjournment
There being no
further business to be considered, a motion was made by Council Member
Burkhalter, seconded by Council Member Sides, that the meeting be adjourned at
___MARTHA BAKER___________
MAYOR
(S.E.A.L.)
ATTEST:
___DeLANA MARTIN________________
TOWN CLERK
APPROVED