NOTICE OF MEETING

CEDAR BLUFF TOWN COUNCIL MEETING

MONDAY, JULY 10, 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, July 10, 2006 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

Forrest Pearson Ethel Sprouse__

District 3 District 4

Leatha Harp

District 5

ABSENT

Rick Sides

District 2

INVOCATION

The invocation was given by Council member Leatha Harp.

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of the minutes of the June 12 and June 26, 2006 meetings.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson that the minutes of June 12 and June 26, 2006, be approved as presented. Motion carried (5-0).

AYE: Sprouse, Pearson, Harp, Burkhalter, Baker

NAY: None

AGENDA ITEM NO. 2: Acknowledge the following minutes

a) Planning Commission minutes of June 5, 2006

b) Cedar Bluff Utilities Board and Solid Waste Authority minutes of May 15, 2006 meeting

c) Zoning Board of Adjustment minutes of March 17, 2006

The minutes from the Planning Commission, Cedar Bluff Utilities Board and Solid Waste Authority and Zoning Board of Adjustment were acknowledged.

AGENDA ITEM NO 3: Presentation of Police Report for June 2006 by Police Chief Walden.

The Police report was given by Coded Enforcement Officer Jimmy Wallace in the absence of Police Chief Walden.

AGENDA ITEM NO. 4: Presentation of Fire Department Report for May and June, 2006 by Fire Chief J. P. Curry.

There was no Fire report given.

AGENDA ITEM NO. 5: Presentation of Code Enforcement Report for June, 2006 by Code Enforcement Officer Jimmy Wallace.

The Code Enforcement report for June was given by Code Enforcement Officer Jimmy Wallace.

COUNCIL MEMBER SIDES NOW PRESENT AT 4:04 P.M.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to change Article V, Section 11.2, to permit residential structures in the “HC” Highway Commercial Zoning District”.

Mayor Baker declared a public hearing in session to consider changing the zoning ordinance to permit residential structures in the “HC” “Highway Commercial Zoning District”. No persons appeared and the public hearing was closed.

Ordinance No. 2006-11 was introduced and titled “An ordinance amending Ordinance Number 107 regarding the zoning provisions as it applies to the Town of Cedar Bluff, Alabama and amending the official zoning map of the Town of Cedar Bluff accordingly.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, that Ordinance No. 2006-11 be approved. Motion carried. (6-0)

AYE: Sprouse, Pearson, Baker, Harp, Burkhalter, Sides

NAY: None

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to change the following articles of the Zoning Code of the Town of Cedar Bluff:

§ Change Article V, Section 5.3, Paragraph E Maximum Structure Height from Thirty-five (35) feet for all structures that are not exempt from height requirements, as specified in Article III, Section 3.1 of this Ordinance to Fifty (50) feet.

§ Change Article V, Section 6.3, Paragraph E Maximum Structure Height from Thirty-five (35) feet for all structures that are not exempt from height requirements, as specified in Article III, Section 3.1 of this Ordinance to Fifty (50) feet.

§ Change Article V, Section 7.3, Paragraph E Maximum Structure Height from Thirty-five (35) feet for all structures that are not exempt from height requirements, as specified in Article III, Section 3.1 of this Ordinance to Fifty (50) feet.

Mayor Baker declared a public hearing in session to consider changing the zoning ordinance to be amended as follows:

No persons appeared and the public hearing was closed.

Ordinance No. 2006-12 was introduced and titled “An ordinance amending Ordinance Number 107 regarding the zoning provisions as it applies to the Town of Cedar Bluff, Alabama and amending the official zoning map of the Town of Cedar Bluff accordingly.

A motion was made by Council Member Pearson, seconded by Council Member Sides, that Ordinance No. 2006-12 be approved. Motion carried. (6-0)

AYE: Pearson, Sides, Sprouse, Harp, Burkhalter, Baker

NAY: None

AGENDA ITEM NO. 8: Consider allowing Vicky with the Cherokee County Herald to do a Then and Now picture for the Past Times Magazine.

Vicky Robinson with the Cherokee County Herald, presented the Council with a sample brochure and advised that a half (1/2) page advertisement would cost $265.68 for a picture in the Past Times Magazine.

A motion was made by Council Member Sprouse, seconded by Council Member Sides that the town purchase a half (1/2) page advertisement in the Past Times Magazine for 2006 at a cost of $265.68. Motion carried (6-0).

AYE: Sprouse, Sides, Pearson, Baker, Harp, Burkhalter

NAY: None

AGENDA ITEM NO. 9: Consider allowing Mr. Jerry Culberson to speak at council meeting regarding the alcohol issue.

Mr. Culberson was not present to speak.

AGENDA ITEM NO. 10: Consider and ordinance to annex property owned by Donny Muse and John Elder at Riverside Campgrounds and property owned by Dalan Livingston on County Road 44 into the town limits of Cedar Bluff.

Mayor Baker asked Code Enforcement Officer Jimmy Wallace to explain the annexation. Mr. Wallace explained that part of Riverside campground had been annexed in to the town of Cedar Bluff in 2001 and this is more lots wanting to be annexed into the town limits. Also, Ms. Livingston was not in town to sign the petition in June when the other Livingston property was annexed into the town limits.

Council Member Sprouse expressed concern about the road maintenance for the annexed property in the Riverside Campground and it was determined that the roads were still private property and the Town is not responsible for private property.

Ordinance No. 2006-13 was introduced and titled “Whereas Donny Muse, John Elder, Dalen Livingston, being the owners of all the real property hereinafter described, did file with the Town Clerk a petition asking that the said tracts or parcels of land be annexed to and become a part of the Town of Cedar Bluff, Alabama.”

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, that Ordinance No. 2006-13 be approved. Motion carried (6-0).

AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp

NAY: None

AGENDA ITEM NO. 11: Consider submitting a rezoning request for Riverside Campgrounds to the Planning Commission for “HC” Highway Commercial Zoning District.

Code Enforcement Officer Jimmy Wallace requested the Mayor and Council submit a rezoning request to the Planning Commission for the Riverside Campground annexed property to be rezoned to “HC” Highway Commercial Zoning District.

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to submit a rezoning request to the Planning Commission for property to be rezoned. Motion carried (6-0)

AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp

NAY: None

AGENDA ITEM NO. 12: Consider establishing a permit fee of $50.00 for Residential/Recreational Sewer Pump Station inspections.

Code Enforcement Officer Jimmy Wallace explained that the Utility Board had voted to no longer install sewer pumps on private residential property. Therefore, the town needed to establish a permit fee for residential and recreational sewer pump station inspections to be enforced by the Code Enforcement Officer. His recommendation was $50.00 for the fee.

A motion was made by Council Member Sides, seconded by Council Member Burkhalter, to establish a $50.00 permit fee for residential/recreation sewer pump station inspections. Motion carried (6-0)

AYE: Sides, Burkhalter, Pearson, Baker, Sprouse, Harp

NAY: None

AGENDA ITEM NO. 13: Consider an application from Glenda Barger, Lighthouse Restaurant, Inc for on premises beer, alcohol and wine beverage license.

Mayor Baker explained that Ms. Barger had applied for a license to serve beer, alcohol and wine in the Lighthouse Restaurant after the property had been annexed into the town limits in June.

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to approve the application from Glenda Barger, Lighthouse Restaurant, Inc. for an on premises beer, alcohol, and wine beverage license. Motion carried (6-0).

AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp

NAY: None

AGENDA ITEM NO. 14: Consider submitting a rezoning request for Harton’s Store, Riverside Campgrounds and W. K Summers property to the Planning Commission.

Code Enforcement Officer Jimmy Wallace requested the Mayor and Council submit a rezoning request to the Planning Commission for the W K Summers annexed property to be rezoned to “R3” High Density Residential Zoning District and the Harton annexed property to be rezoned to “HC” Highway Commercial Zoning District.

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to submit rezoning requests to the Planning Commission for the properties to be rezoned. Motion carried (6-0)

AYE: Sprouse, Burkhalter, Sides, Pearson, Baker, Harp

NAY: None

AGENDA ITEM NO. 15: Consider authorizing the Mayor to obtain a quote from the Hindsman firm for 2003 audit worksheets.

Mayor Baker explained to the Council the dilemma the town is in trying to get someone to do an audit due to lack of a paper trail. She asked for authorization to obtain a quote from the Hindsman firm for 2003 audit worksheets in order to get good numbers for audit before October.

A motion was made by Council Member Burkhalter, seconded by Council Member Harp, that the Mayor be authorized to do whatever is necessary to obtain a clean audit for the Town of Cedar Bluff. Motion carried (6-0).

AYE: Burkhalter, Harp, Sides, Pearson, Sprouse

NAY: None

ABSTAIN: Baker

AGENDA ITEM NO. 16: Consider authorizing the Town to share expense with the Utility Board for a new web page for the Town of Cedar Bluff.

Mayor Baker asked Council Member Sprouse to explain the intentions of the Town and the Utility Board to share the expense of a web page for the Town of Cedar Bluff.

Council Member Sprouse advised she had gotten a quote from Network Solutions for $500.00 for the first ten (10) pages and $50.00 for each additional page. She also noted the Utility Board had already agreed to split the cost if the Town was agreeable.

A motion was made by Council Member Burkhalter, seconded by Council Member Harp, to authorize the Town to pursue the project further and split the cost of a web page with the Utility Board. Motion carried (6-0).

AYE: Burkhalter, Harp, Sides, Pearson, Baker, Sprouse

NAY: None

AGENDA ITEM NO 17: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business to be considered.

AGENDA ITEM NO. 18: Citizen’s Participation ( A five minute limit per person)

Under Citizen’s Participation, Mr. Bob Kastl inquired about the status of the new animal ordinance. Mayor Baker advised that work had begun on getting a new ordinance in place that the Town could enforce.

Mr. Herb Sherwin, Planning Chairman asked for an accurate and updated list of the Planning Commission members.

Mayor Baker advised that Teresa Hulgan with the Chamber of Commerce was inquiring about a Grant for docks on Highway 9 across from the causeway.

AGENDA ITEM NO. 19: Council Member’s Comments

There were no Council Member’s Comments.

AGENDA ITEM NO. 20: Adjournment

There being no further business to come before the meeting, a motion was made by Council Member Burkhalter, seconded by Council Member Sprouse, that the meeting be adjourned. (4:51 p.m.). Motion carried (6-0)

AYE: Burkhalter, Sprouse, Harp, Sides, Pearson, Baker

NAY: None

___MARTHA BAKER________

MAYOR

(S E A L)

ATTEST:

DeLANA MARTIN________

TOWN CLERK

APPROVED 08/22/06