CEDAR BLUFF TOWN COUNCIL MEETING

MONDAY, MARCH 10, 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, March 10, 2008 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                                                             

Mayor                                                                         

 

Joan May                                                                     Forrest Pearson__      

District 2                                                                     District 3

 

Ethel Sprouse                                                             Leatha Harp               

District 4                                                                     District 5        

 

ABSENT

            Billie Burkhalter______

District 1

 

INVOCATION

     

      The invocation was given by Council member Leatha Harp.

 

FLAG SALUTE

 

AGENDA ITEM NO. 1:                    Consider approval of the minutes of the February 11, 2008 meeting.

 

A motion was made by Council Member May, seconded by Council Member Harp that the minutes of the February 11, 2008 meeting be approved as presented.  Motion carried (5-0)

 

AYE:  May, Harp, Baker, Pearson, Sprouse

NAY: None

 

AGENDA ITEM NO. 2:                    Acknowledge the minutes from the following Boards, Committees and Authorities.

                                         

a.                   Planning Commission meeting of February 4, 2008

b.                  Cedar Bluff Utility Board and Solid Waste Authority meetings of November 19, December 3, December 17, December 21, 2007, February 1 and February 8, 2008.

 

            The minutes from the Boards, Committees and Authorities meetings were acknowledged.

 

AGENDA ITEM NO. 3:                    Presentation of Police Report for February, 2008

 

            The Police Report for February, 2008 was presented by Sgt. J P. Curry.

 

FEBRUARY 2008

 

CITATIONS

 

WARNINGS

 

ARRESTS

 

REPORTS

 

DUI

3

No seat belt

3

Assault

0

Domestic

2

No seat belt

0

Child restraint violation

0

Drugs

1

Theft

1

Child restraint violation

0

Speeding

18

Drug paraphernalia

0

Burglary

0

Speeding

0

Speeding +25 mph

0

Domestic violence

0

Harassment

3

Speeding +25 mph

0

No driver's license

1

Reckless endangerment

0

Assault

1

No driver's license

0

No proof of insurance

3

Disorderly conduct

0

Traffic crash

4

No proof of insurance

0

Susp/Rev/Canc DL

.0

UPPB

0

Other

5

Susp/Rev/Canc DL

0

Run stop sign

3

Theft

1

 

 

Reckless driving

0

Improper/No tag

6

Burglary

0

CALLS w/no

 

Attempting to elude

0

Improper equipment

1

Public intoxication

0

report taken

 

Run stop sign

0

Other

1

Criminal mischief

0

Alarm

0

Open container

0

Checkpoint

3

Criminal trespass

0

Noise

1

Improper/No tag

0

 

 

Other

1

Animal

0

Improper equipment

0

 

 

Felony warrants

0

Disturbance

9

Other

0

 

 

Misdemeanor warrants

3

Othercall

26

 

 

 

 

 

 

Agency assist

16

 

AGENDA ITEM NO. 4:                    Presentation of Fire Department Report for February, 2008.

 

            The Fire Reports for February, 2008 was presented by Chief J P Curry.

 

FEBRUARY 2008

 

Structure related alarms-          4

Vehicle related alarms-                        0

Woods and Grass fires-                       1

Medical alarms-                       2

Wrecks or Accidents -             3

Unspecified or other alarms-   0

Total Runs 10

           

AGENDA ITEM NO. 5:                    Presentation of Code Enforcement Report for February, 2008  

 

            The Code Enforcement Report for February, 2008 was presented by Code Enforcement/Zoning Official Jimmy Wallace.

 

FEBRUARY 2008

 

One Building Permit for Retail building

Four Building Permits for accessory structures

Five Zoning Permits

Three Electrical Permits

One Plumbing Permit

One Mechanical Permit

One Sewer Pump Permit

 

Five Building Permits in February 2008 total construction cost was $137,500.00

 

Total construction costs of Building Permits for 2008 is $276,500.00

 

AGENDA ITEM NO. 6:                    Consider allowing Mr. William Fennelly and attorney to come before the council to request an appeal on the decision to demolish house located on property located at 5181 Sewell Ferry Road (deferred from 11/10/07 meeting).

 

Mayor Baker advised Mr. Fennelly’s attorney and engineer had another commitment and could not attend this meeting.  This item will be deferred to the May 12, 2008 meeting.

 

AGENDA ITEM NO. 7:                    Consider application submitted by Hermangini Patel dba Discount Liquor for retail liquor and wine sales for off premises consumption.

 

Mayor Baker advised an application has bee received from Hermangini Patel dba Discount Liquor for retail wine and liquor sales for off premises consumption.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, to approve the application submitted by Hermangini Patel for retail wine and liquor sales for consumption off premises.  Motion carried (5-0)

 

AYE: Sprouse, Pearson, Baker, May, Harp

NAY: None

 

AGENDA ITEM NO. 8:                    Consider application submitted by Girishkumar Vachhani dba Cedar Bluff Quick Mart for retail beer and wine sales for off premises consumption.

 

Mayor Baker advised an application has bee received from Girishkumar Vachhani dba Cedar Bluff Quick Mart for retail beer and wine sales for off premises consumption.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, to approve the application submitted by Girishkumar Vachhani for retail beer and wine sales for consumption off premises.  Motion carried (5-0)

 

AYE: Sprouse, Pearson, Baker, May, Harp

NAY: None

 

AGENDA ITEM NO. 9:                    Public hearing and consider an ordinance to 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.

 

Mayor Baker declared a public hearing open to consider rezoning 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.

No persons appeared

Mayor Baker introduced Ordinance No. 2008-06 “An ordinance to rezone property located Alabama Highway 9 and County Road 92 from the Trammel Mobile Home Park on Highway 9 to the intersection of Highway 9 and Country Road 92 from “R-2” Medium Density Residential District to “HC”, Highway Commercial Zoning District.

After due and careful consideration, a motion was made by Council Member May, seconded by Council Member Harp to adopt Ordinance No. 2008-06 to rezone property located on Alabama Highway 9 and County Road 92 from the Trammel Mobile Home Park on Highway 9 to the intersection of Highway 9 and County Road 92 from “R-2”, Medium Density Residential District to “HC”, Highway Commercial Zoning District.  Motion carried (5-0).

 

AYE: May, Harp, Pearson, Baker, Sprouse

NAY: None

 

AGENDA ITEM NO. 10:                  Consider an ordinance setting qualifications fees for municipal election.

 

            Mayor Baker introduced Ordinance No. 2008-07 “setting qualification fees for all candidates seeking election as Mayor or Council Member of the Town of Cedar Bluff, Alabama

            The qualification fees for candidates were discussed and a motion was made by Council Member Sprouse, seconded by Council Member May to set the qualification fees in the amount of $50.00 for mayoral candidates and $35.00 for Council Member candidates.  Motion carried (5-0).

            Ordinance No. 2008-07 is hereby passed and adopted as presented.

 

AYE:  Sprouse, May, Pearson, Baker, Harp

NAY: None

 

AGENDA ITEM NO. 11:                  Consider a resolution to correct the record of Ordinance No. 109

 

Mayor Baker introduced Resolution No. 2008-01 to correct a typographical error on Ordinance No. 109 which was passed on February 12, 2000 setting forth Mayor and Council salaries.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson to adopt Resolution No. 2008-01 as presented. Motion carried (5-0)

 

AYE: Sprouse, Pearson, Baker, May, Harp

NAY: None

 

AGENDA ITEM NO. 12:                  Consider allowing the Town Attorney and Utility Board Attorney to negotiate the settlement and separation of properties between the Town and the Utility Board.

 

            Mayor Baker advised the Utility Board had voted to allow the Utility Board Attorney and Town Attorney to negotiate the settlement and separation of properties between the Utility Board and Town and she would like for the Council to consider the same.

            A motion was made by Council Member Pearson, seconded by Council Member Harp to allow both the Utility Board and Town attorney’s to negotiate settlement and separation of properties between the Town and Utility Board.  Motion carried (5-0).

 

AYE: Pearson, Harp, May, Baker, Sprouse

NAY: None

 

AGENDA ITEM NO. 13:                  Consider changing cell phone service from Farmers Telephone to Verizon Wireless.

 

            Mayor Baker advised the cell phone contract with Farmers Wireless would be up in April 2008 and she would like for the Council to approve entering into a contract with Verizon Wireless for phones for the Town and Police Department.

            A motion was made by Council Member Pearson, seconded by Council Member Sprouse, to approve the contract with Verizon.  Motion carried (5-0).

 

AYE: Pearson, Sprouse, Harp, May, Baker

NAY: None

 

AGENDA ITEM NO. 14:                  Consider appointment of Benjamin D. Colbert to the Cedar Bluff Volunteer Fire Department.

 

Mayor Baker advised that Fire Chief Curry has requested the appointment of Benjamin D. Colbert and