CEDAR BLUFF TOWN COUNCIL MEETING

TUESDAY, AUGUST 22, 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, Tuesday, August 22, 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

 

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

 

AGENDA ITEM NO. 1:                    Consider approval of the minutes of the July 10, 2006 meeting.

 

            A motion was made by Council Member Harp, seconded by Council Member Pearson that the minutes of July 10, 2006, be approved as presented.     Motion carried (6-0).

 

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

NAY:  None

 

AGENDA ITEM NO. 2:                    Acknowledge the following minutes

 

a)      Planning Commission minutes of July 3, 2006

b)      Cedar Bluff Utilities Board and Solid Waste Authority minutes of June 26 and July 17, 2006 meetings

The minutes from the Planning Commission meeting of July 3, 2006 were acknowledged.

The minutes from the Cedar Bluff Utilities Board and Solid Waste Authority meeting of June 26 and July 17, 2006 were acknowledged.

     

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

 

            The Police report was given by Police Chief Walden.

     

AGENDA ITEM NO. 4:                    Presentation of Code Enforcement Report for July, 2006 by Code Enforcement Officer Jimmy Wallace.

 

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

 

AGENDA ITEM NO. 5:                    Presentation of Fire Department Report for May, June and July, 2006 by Fire Chief J. P. Curry.

 

                        The Fire Report for May, June and July, 2006 was given by Town Clerk DeLana Martin in the absence of Fire Chief J. P. Curry.

 

AGENDA ITEM NO. 6:                    Consider the recommendations received from the Planning Commission

 

The Planning Commission held public hearings on the following items August 7, 2006 and makes the following recommendations to the Town Council for consideration:

 

§         Consider increasing the rezoning fee from $25.00 to $100.00

 

§         Consider rezoning the property in the middle section of West Chattooga and Armstrong from “R-2”, Medium Density Residential Zoning District to “RR”, Rural Residential Zoning District 

 

§         Consider rezoning property located at 2290 HWY 68E, from “RR” Rural Residential Zoning District to “HC”, Highway Commercial Zoning District for use as a restaurant and motel.  (Applicant:  Glenda Kay Tallent Barger)

 

§         Consider rezoning property located on AL Highway 68 from “RR” Rural Residential Zoning District to “HC”, Highway Commercial Zoning District for use as a store and mini storage (Applicant:  William T. Harton)

 

§         Consider rezoning property located on AL Hwy 68 from “RR” Rural Residential Zoning District to “R-3”, High Density Residential Zoning District. (Applicant: W K & Ruth Summers)

 

§         Consider rezoning property located on County Road 131 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District for use as a campground, store and motel. (Applicant:  Riverside Campground; Donnie Muse and John Elder)

 

§         Consider rezoning property located at 2270 AL Highway 68 E from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District for use as a motel. (Applicant:  Terry L. Enos)

 

§         Consider rezoning property located at 3410 Stone Drive from “RR” Rural Residential Zoning District to “R-3”, High Density Residential Zoning District” for use as Multi-Family dwelling  (Applicant:  Robert & Janice Smith)

 

§         Consider rezoning property located at 800 County Road 907 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District for use as a mercantile. (Applicant:  Roger & Catherine Griffeth)

 

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to approve the recommendations from the Planning Commission.  Motion carried (6-0).

 

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

NAY:  None

 

AGENDA ITEM NO. 7:                    Consider an ordinance annexing property located at 800 County Road 907 into the Town of Cedar Bluff.  (Applicant:  Roger & Cathy Griffeth)

 

            After due and careful consideration, Ordinance No. 2006-14 was introduced and a motion was made by Council Member Sides, seconded by Council Member Sprouse, to adopt Ordinance No. 2006-14 to annex the property located at 800 County Road 907 into the town limits of Cedar Bluff.  Motion carried (6-0).

 

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

NAY:  None

 

AGENDA ITEM NO. 8:                    Consider a request by Dekalb County SPCA to help fund an animal shelter for Cherokee County.

 

            Mayor Baker advised that the DeKalb County Society for the Prevention of Cruelty to Animals had requested the Town of Cedar Bluff to help fund an animal shelter for Cherokee County. 

 

            After a discussion, a decision was made to contact Ms. Freida Waters with the DeKalb County SPCA to attend a Council meeting and give an update on the project before the Town commits to funding.                       

 

AGENDA ITEM NO. 9:                    Consider implementing the franchise contract for the Cedar Bluff Utility Board to pay the Town of Cedar Bluff a franchise tax of 3% of gross receipts.

 

            Mayor Baker advised that further study needed to be completed before the Town implemented the franchise contract for the Cedar Bluff Utility Board to pay the Town of Cedar Bluff a franchise tax.  The item was tabled until a later date.

 

AGENDA ITEM NO. 10:                  Consider the grant for the Cedar Bluff Fire Department with the Alabama Forestry Commission for 4,800.00 with a twenty (20%) match.

 

            Mayor Baker advised that Fire Chief J P Curry had applied for the Hurricane Ivan Recovery Project, 2006 Statewide Wildland Fire Prevention and Suppression Grant from the Alabama Forestry Commission.

She advised the grant has been partially approved for $4,800.00 with a twenty (20%) match.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, that the grant be approved as presented.  Motion carried (6-0).

 

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

NAY:  None

 

AGENDA ITEM NO. 11:                   Consider accepting the Fire Department applications for volunteer firefighters Seth Adams and Hank Arnold.

 

            Mr. Herb Sherwin with the Cedar Bluff Volunteer Fire Department requested that the applications of Seth Adams and Hank Arnold be accepted for volunteer firefighters for the Cedar Bluff Fire Department.

 

            A motion was made by Council Member Sprouse, seconded by Council Member Sides, to accept Seth Adams and Hank Arnold to the Cedar Bluff Volunteer Fire Department.  Motion carried (6-0)

 

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

NAY: None

           

AGENDA ITEM NO. 12:                  Consider authorizing the Town to purchase two (2) new police vehicles from Adamson Ford Commercial Sales.

 

            Mayor Baker advised the Town of Cedar Bluff had been approved to finance two (2) new police vehicles.

 

She advised the total cost for the vehicles will be $43,933.00 and the total to be financed will be $33,934.00.  The Police Department will be able to pay $8,000.00 for a down payment with their funds, while the Town will absorb the remaining costs.

 

            A motion was made by Council Member Sides, seconded by Council Member Pearson, to authorize the Town to purchase two (2) new police vehicles.  Motion carried (6-0)

 

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

NAY:  None

 

AGENDA ITEM NO. 13:                  Consider revising the wording for building permit fees.

 

            Code Enforcement Officer Jimmy Wallace requested the wording for permit fees be amended as follows:

 

  1. Electrical Permit Fee Schedule

 

Residential or Recreational

100-amp…………………………………………………………..              $ 40.00

200-amp…………………………………………………………...                 60.00

201-400-amp, single phase………………………………………..                80.00

100-400-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

 

  1. Plumbing Permit Fee Schedule

 

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 plan

$50.00 minimum permit fee

 

  1. Mechanical Permit Fee Schedule

$40.00 for the first unit, plus $20.00 for each additional unit

 

  1. Fire Sprinkler System……………………………………………                $150.00

 

  1. Elevator………………………………………………………….                $150.00

 

  1. Commercial & Multi-Family Residential Sewer Pump Stations….           $150.00

Recreational and Residential Sewer Pump Stations…………….                  50.00

 

  1. Gas Permit Fee Schedule

 

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

 

  1. Swimming Pool Permit Fee Schedule

 

For each public swimming pool…………………………………                $100.00

For each private swimming pool………………………………...                  25.00

 

  1. Building Code Permit Fee Schedule

 

1.       Section B101-Permit Fees

 

      Mobile Home setup …………………………………………………$100.00

 

      Recreational Vehicle setup…………………………………………..$40.00

 

      $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 $50,000.00 and up

Mobile home or Recreational Vehicle……………………………………...$20.00

           

A motion was made by Council Member Sprouse, seconded by Council Member Harp, to approve the revisions for building permit fees as presented.   Motion carried    (6-0).

 

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

NAY:  None

 

AGENDA ITEM NO. 14:                     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 introduced an amendment to the Policy and Procedures Manual pertaining to Employee Expense Re-imbursement as follows:

 

10.9.3   Employee Travel Expense Reimbursement. All employees shall be reimbursed for allowable travel expenses incurred during travel on official business.  All expenses shall be submitted to the town clerk, attaching all receipts and supporting documentation.

 

(a)   Transportation Expense. The Town discourages the use of privately owned conveyances on official business and directs its employees to use town owned vehicles on official business whenever possible.  Employees may be reimbursed for transportation expenses incurred for authorized travel by privately owned or operated conveyances and in some cases, charter or rental of special conveyances.  Local transportation expenses such as city bus and taxicab fares are considered miscellaneous expenses.

 

(b)   Mileage Reimbursement for Use of a Privately Owned or Operated Conveyance

        Employees authorized to travel by privately owned or operated conveyance may be reimbursed for allowable miles traveled at a rate fixed and established by the standard mileage rate chart for the Internal Revenue Service.

 

(c)   Use of a Town-Owned or Leased Vehicle

        The mayor or his/her designee may authorize travel for official business in a town-owned or leaved vehicle for:

§         An officer or employee of the Town of Cedar Bluff

§         Any other person who has been approved by the Mayor or his/her designee, to operate a town- owned or leased vehicle on official business.

 

                                A person must have a valid driver’s license to operate a town owned or leased vehicle.

Only other town employees or individuals reasonably engaged in official business are allowed to ride in town owned or leased vehicles.

 

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to approve the amendment to the Policy and Procedures Manual as presented. Motion carried (6-0)

 

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

NAY: None

 

            Mayor Baker, now advised that the Town has received a letter from Blue Cross Blue Shield that employee health insurance has been increased seven (7%) beginning October 1, 2006.

 

            In other New Business, Mayor Baker advised that the Utility Board had decided not to participate in obtaining a new web page for Cedar Bluff, therefore she had requested a refund from Network Solutions for the $250.00 the Town has paid toward the initiation of the project.

           

            Mayor Baker also informed the Council that she had met with Alatax regarding the issuance of Business Licenses for the Town of Cedar Bluff and had requested they release the Town from the business license contract and allow the Town to collect the business licenses for the 2007 year effective November 1, 2006.

 

AGENDA ITEM NO. 15:                  Citizen’s Participation ( A five minute limit per person)

 

            Under Citizen’s Participation, Ms Ann Carr inquired about the status of the new animal ordinance or leash law.  Mayor Baker advised that with the initiation of a new animal shelter in Cherokee County, the Town has been waiting to see exactly what options we will have.

 

            Amanda Gober, WEIS Radio, noted she thought the City of Centre had a leash law and Mayor Baker advised the Town Clerk to see what information she could get from Centre on handling dogs running loose.

 

            Police Chief Walden advised he thought a leash law would require the impoundment of the dog.

 

            Ms. Ann Carr also inquired about stricter policing on Highway 9 near the Cherokee Drive.  Council Member Sprouse suggested a traffic light at County Road 131 and Alabama Highway 9 in order to slow down traffic.

 

Mr. Ricky Mitchell appeared to request a traffic light in front of Weiss Mart.  He also stressed his concerns about the Town needing more police officers and the streets needing to be paved.

 

Mr. Mitchell inquired about the minimum cost for water bills and was advised by the Mayor that he would need to go before the Utility Board at their monthly meeting for an answer to utility questions.

 

Mr. Mitchell also inquired about the cost of the alcohol lawsuit and how was the town getting any revenue from the sale of alcohol.  Council Member Rick Sides advised the Town had given over $10,000.00 to the school with monies from alcohol sales.

 

Ms. DeLana Hunter appeared to ask about a place to take tree limbs or to have them picked up.  Mayor Baker advised there were advertisements in the Post for such services.

 

Mayor Baker also advised that CDG Engineers had received a letter from Alabama Department of Transportation acknowledging the approval of the sidewalk grant for the Town of Cedar Bluff.  She also noted the Town has not heard anything from the Neighborhood Development Grant.

 

AGENDA ITEM NO. 16:                  Council Member’s Comments

 

            There were no Council Member’s Comments.

 

AGENDA ITEM NO. 17:                  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. (5:11 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 09/18/06