FEBRUARY 13, 2006 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, February 13, 2006 at 4:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Pro Tem Martha Baker presided and called the meeting to order. Members in attendance were as follows:
Martha Baker Billie Burkhalter
Mayor Pro Tem District 1
Leatha Harp Ethel Sprouse
District 2 District 4
Rick Sides
District 5
INVOCATION
The invocation was given by Council member Leatha Harp.
FLAG SALUTE
At this time Mayor Pro Tem Martha Baker declared a public hearing in
session for the rezoning of property located at the corner of Highway 68 and
AGENDA ITEM NO. 1: Consider
appointment of Mayor for the Town of
A
motion was made by Council Member Burkhalter, seconded by Council Member
Sprouse to appoint Martha Baker as Mayor for the Town of
AYE: Burkhalter, Sprouse, Harp, Baker, Sides
NAY: None
At
this time Assistant Municipal Judge William M. Hawkins, Jr. administered the
oath of office to Martha Baker as Mayor of the Town of
AGENDA ITEM NO. 2: Consider approval of the minutes of the January 9, 2006 meeting, January 18, 2006 meeting and January 25, 2006 meeting
a. Acknowledge Planning Commission minutes of the January 3, 2006 meeting
b. Acknowledge Board of Zoning Adjustment minutes of the January 18, 2006 meeting
A motion was made by Council Member Sprouse, seconded by Council Member Sides, to approve the minutes of the January 9; January 18; January 25, 2006 meetings and to acknowledge the Planning Commission minutes of the January 3, 2006 meeting and the Board of Zoning Adjustment minutes of January 18, 2006 meeting. Motion carried (5-0).
AYE: Sprouse, Sides, Burkhalter, Harp, Baker
NAY: None
AGENDA ITEM NO. 3: Consider request from Delmus Brewster for Liberty Day.
Council
Member Sprouse spoke on behalf of Mr. Delmus Brewster who was unable to attend
the meeting. She advised that Mr.
Brewster was seeking an agreement with the Town of
A motion was made by Council Member Burkhalter, seconded by Council Member Sides to enter into an agreement with Mr. Brewster for Liberty Day for a four (4) year period. Motion carried (5-0).
AYE: Burkhalter, Sides, Harp, Baker, Sprouse
NAY: None
AGENDA ITEM NO. 4: Consider authorizing the mayor to spend up to $500.00 without approval of council.
A motion was made by Council Member Sprouse, seconded by Council Member Harp to authorize the mayor to spend up to $500.00 without the approval of council. Motion carried (5-0).
AYE: Sprouse, Harp, Baker, Sides, Burkhalter
NAY: None
AGENDA ITEM NO. 5: Consider amending the animal ordinance to raise the re-claimer fee to $50.00, plus $10.00 for each additional day of keep.
A motion was made by Council Member Burkhalter, seconded by Council Member Sprouse to amend the Dog Control ordinance to raise the re-claimer fee to $50.00, plus $10.00 for each additional day of keep. Motion carried (5-0).
AYE: Burkhalter, Sprouse, Sides, Harp, Baker
NAY: None
AGENDA ITEM NO. 6: Public hearing and consider an ordinance amending Article V of the Zoning District requirements for Section 8 R3; Item I. Maximum structural height: Thirty-five (35) feet for all structures to be amended to read Seventy-Five (75) feet for all structures.
It was noted that the Planning Commission had made recommendation to the Town Council to raise the structural height in R-3 district from thirty-five (35) feet to Seventy-five (75) feet for all structures.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter to approve the recommendation to raise the structural height in R-3 district from thirty-five (35) feet to Seventy-five (75) feet for all structures and to adopt the following ordinance.
Ordinance No.
2006-01, amending Ordinance No. 107 regarding the zoning provisions as it
applies to the Town of
AYE: Sprouse, Burkhalter, Harp, Baker, Sides
NAY: None
AGENDA ITEM NO. 7: Consider
recommendation from the Planning Commission to rezone property located at the
corner of Highway 68 and
It
was noted that the Planning Commission had made recommendation to the Town
Council to approve rezoning application from Matt Greene, Bill Allen and Josh
Williams for rezoning property located at the corner of Highway 68 and
Mr. Matt Greene then presented a map of the proposed project and advised the project was to target retirees and nesters. He added that they would try to retain as much green and nature as possible. He advised the targeted price would range from $285,000 to $350,000 and each condominium would be three (3) bedrooms and two (2) baths with approximately thirteen hundred (1300) square feet. He also noted the units would have approximately four (4) handicapped spaces and forty (40) parking spaces.
Council Member Sprouse advised that there is already City sewage there now and the utility department is in the process of upgrading the system.
A motion was made by Council Member Sides, seconded by Council Member Burkhalter, to approve the recommendation from the Planning Commission and to prepare an ordinance rezoning the property located at the corner of Highway 68 and West Chattooga from HC; Highway Commercial to R-3; High Density Residential for use as a twenty-four (24) unit four (4) story condominium unit to adopt at the next regular scheduled meeting.. Motion carried (5-0).
AYE: Sides, Burkhalter, Harp, Baker, Sprouse
NAY: None
AGENDA ITEM NO. 8: Consider entering into a contract with Fuelman for a Fleet Charge Card Account for gas purchases for Cedar Bluff employees.
Mayor Baker advised that this is just something for the council to think about. After a discussion about the benefits of a fleet credit card, a motion was made by Council Member Burhalter, seconded by Council Member Sprouse to apply for a Fuelman credit card for the Town employees. Upon roll call, Council Member Sides advised he was in favor of a fleet card, but we needed to make sure the employees would be able also to purchase fuel from other business in town. Motion carried (5-0).
AYE: Burkhalter, Sprouse, Sides, Harp, Baker
NAY: None
AGENDA ITEM NO. 9: Consider authorizing the Town Clerk to maintain a Petty Cash Fund of $100.00.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter to authorize the Town Clerk to maintain a Petty Cash Fund of $100.00. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Harp, Baker, Sides
NAY: None
AGENDA ITEM NO. 10: Consider appointing Jimmy Wallace as Zoning Enforcement Officer.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter appointing Jimmy Wallace as Zoning Enforcement Officer. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Harp, Baker, Sides
NAY: None
AGENDA ITEM NO. 11: Consider adopting a fee schedule for building permits and various contractor permits as presented by Jimmy Wallace, Enforcement Officer.
Mr. Wallace presented the following schedule of permit fees to the council for consideration:
Permit Fees
If any person commences
any work before obtaining the necessary permit and inspection, fees shall be
doubled. Each and every instance shall constitute a separate offense.
Residential
100-amp
.. $ 40.00
200-amp
...
60.00
201-400-amp, single phase
..
80.00
201-400-amp, three phase
100.00
401-amp and up single phase or three phase
100.00
Plus
additional $0.07 per amp in excess of 400 amps
Swimming pools
..
30.00
Signs
20.00
Alterations
30.00
Industrial and commercial
$100.00 for the first $5,000.00, plus and additional
$3.00 for each $1,000.00, or fraction thereof, in excess of $5,000.00
Residential (including duplexes and apartments)
First bath
...
$40.00
Each additional bath
.
20.00
Water heater exchange
.
10.00
Sewer repair or replacement
.
20.00
Remodel
25.00
Commercial or Industrial
$5.00 per fixture as shown on plumbing permit
$30.00 for the first unit, plus $20.00 for each
additional unit
Change out $25.00 for first and $10.00 for each
additional
1-4 outlets
.. $25.00
Each additional outlet
2.00
Water heater exchange
..
10.00
For each public swimming pool
$40.00
For each private swimming pool .. 25.00
1. Section B101-Permit Fees
$1,000.00 and less No Fee, unless inspection required,
in which case a $15.00 fee for each inspection shall be charged
$1,000.00 to $50,000 $40.00 for the first $10,000.00
plus $5.50 for each additional thousand or fraction thereof,
to and including $50,000.00
$50,000 to $100,000 .$260.00 for the first $50,000.00
plus $4.00 for each additional thousand or fraction thereof,
to and including $100,000.00
$100,000 to $500,000 .$460.00 for the first $100,000.00
plus $3.00 for each additional thousand or fraction thereof,
to and including $500,000.00
$500,000 and up . ..$1,660.00 for the first $500,000.00
plus $2.00 for each additional thousand or fraction thereof
2. Section B102-Moving Fee
For the moving of any building or structure, the fee shall be $100.00
3. Section B103-Demolition Fees
For the demolition of any building or structure, the fee shall be $100.00
Zoning Permit Fees
Minimum Fee $10.00 for the first $10,000.00
$15.00 for $10,000.00 to $50,000.00
$25.00 for $50,000.00and up
Mobile home ...$20.00
A motion was made by Council Member Sprouse, seconded by Council Member Sides to accept the permit fees as presented. Motion carried (5-0).
AYE: Sprouse, Sides, Burkhalter, Harp, Baker
NAY: None
AGENDA ITEM NO. 12: Consider changing the monthly allowance of $42.00 for Police Officers to $1,000.00 per year per officer held in an account to be used for police uniforms and gear.
A motion was made by Council Member Sides, seconded by Council Member Harp to increase the Police clothing allowance from $42.00 per month to $1,000.00 per year for each officer. Motion carried (5-0).
AYE: Sides, Harp, Baker, Sprouse, Burkhalter
NAY: None
AGENDA ITEM NO. 13: Consider appointing someone for the duties of Animal Control Officer and training the same.
This item will be considered at a later date.
AGENDA ITEM NO. 14: Consider advertising for sealed bids on the snow cone camper that has been deemed surplus.
A motion was made by Council Member Sides, seconded by Council Member Sprouse to advertise for sealed bids on the snow cone camper that has been deemed surplus. Motion carried (5-0).
AYE: Sides, Sprouse, Burkhalter, Harp, Baker
NAY: None
AGENDA ITEM NO. 15: Consider advertising for sealed bids on the jeep that has been deemed surplus.
A motion was made by Council Member Burkhalter, seconded by Council Member Harp to advertise for sealed bids on the jeep that has been deemed surplus. Motion carried (5-0).
AYE: Burkhalter, Harp, Baker, Sprouse, Sides
NAY: None
AGENDA ITEM NO. 16: Consider
authorizing the Town of
A motion was made by Council Member Sprouse, seconded by Sides, for the Utility Board to issue a Quit Claim deed to the Town for the Town Hall property and the Town to issue a Quit Claim deed to the Utility Board for the Lagoons, less the shooting range for the Police Department. Motion carried (5-0).
AYE: Sprouse, Sides, Burkhalter, Harp, Baker
NAY: None
AGENDA ITEM NO. 17: Consider authorizing the Police Department to spend up to $1,000.00 of seizure money to purchase a safe for firearms.
A motion was made by Council Member Sprouse, seconded by Council Member Sides, to authorize the Police Department to spend up to $1,000. of seizure money to purchase a safe for firearms. Motion carried (5-0).
AYE: Sprouse, Sides, Burkhalter, Harp, Baker
NAY: None
At this time Mayor Baker acknowledged Officer Jason ONeal and Lucas, the drug dog for the seizure of approximately six (6) pounds of drugs.
AGENDA ITEM NO. 18: Consider changing the structure of the foyer in Town Hall.
A motion was made by Council Member Harp, seconded by Council Member Burkhalter to change the structure of the foyer in Town Hall to allow the Police Department to have extra room for storage. Motion carried (5-0).
AYE: Harp, Burkhalter, Baker, Sprouse, Sides
NAY: None
AGENDA ITEM NO. 19: Consider getting a quote for an appraisal from Eddie Guest for the property located on Highway 68 across from Regions Bank.
This item will be considered at a later date.
AGENDA ITEM NO. 20: Consider bids for Fire Truck.
A bid from Brindlee Mtn. Fire Apparatus LLC was opened by Mayor Baker and read into record by Fire Chief J. P. Curry. The bid was for a 1987 Quality Duplex Pumper. The bid amount $39,000.00.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter to accept the bid from Brindlee Mtn. Fire Apparatus LL in the amount of $39,000.00. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Harp, Baker, Sides
NAY: None
AGENDA ITEM NO. 21: New Business (Any matter not known about or which could not have been reasonable foreseen prior to the posting of the agenda)
Under New Business, Zoning Enforcement Officer Jimmy Wallace advised that the Town needed to make application to the Planning Commission for a zoning change to Section 8 R-3, High Density Residential Zoning District. The changes would include the following:
· Change sub item B. Minimum Development Site Size (for multi-family dwellings) from two (2) acres to one and one half (1 ½) acres.
· Change sub item C. Maximum Density (for multi-family dwellings) from ten (10) dwelling units per acre to sixteen (16) dwellings units per acre.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter to make application for a zoning change to the Planning Commission as presented. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Harp, Baker, Sides
NAY: None
AGENDA ITEM NO. 22: Citizens Participation (A five minutes limit per person)
Under Citizens
Participation, Herb Sherwin wanted to make an announcement that the Meals on
Wheels program are now being handled by the
It was suggested that Cedar Bluff have an Annual Cleanup Day to help with the appearance of our town.
Mr. Jerry Culverson wanted to ask the Council to sponsor four (4) fish at $50.00 per fish for the Annual Crappie Rodeo from March 15 May 15, 2006.
A motion was made by Council Member Sides, seconded by Council Member Sprouse to sponsor four (4) fish at $50.00 per fish for the Annual Crappie Rodeo in Cedar Bluff. Motion carried (5-0).
Mr. Culverson also advised he would donate $500.00 to an Annual Beautification Campaign to encourage citizens to clean up our town.
Mrs. Mary Fath spoke in favor of a cleanup program advising she had been part of the PALS (People Against Litter in the State). She also inquired about the Police Department moving to the Community Center and was advised by the Mayor that the Police were not moving from the Town Hall. Mrs. Fath, then inquired about the vacancy in District III and suggested it be considered that the previous election for District III was a very close race and she felt the other candidate should be considered to fill this vacancy.
AGENDA ITEM NO. 23: Adjournment.
There being no further business to be considered, a motion was made by Council Member Sprouse, seconded by Council Member Harp that the meeting be adjourned. Motion carried (5-0).
AYE: Sprouse, Harp, Baker, Sides, Burkhalter
NAY: None
___MARTHA BAKER________
MAYOR
(S E A L)
ATTEST:
DeLANA MARTIN________
TOWN CLERK
APPROVED 03/13/06