CEDAR BLUFF TOWN COUNCIL MEETING

MONDAY, SEPTEMBER 8, 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 Continued Session in the Council Room at Town Hall, 3420 Spring Street, Cedar Bluff, Alabama, Monday, September 8, 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                                                               Billie Burkhalter                       

Mayor                                                                          District 1

 

Joan May                                                                     Forrest Pearson_          _                      District 2                                                                      District 3

 

Ethel Sprouse________                                               Leatha Harp                            

District 4                                                                      District 5                                 

                       

INVOCATION

 

The invocation was given by Council Member Leatha Harp.

 

PLEDGE

 

AGENDA ITEM NO. 1:                                  Consider approval of the minutes of the August 11 and September 2, 2008 meetings.

 

A motion was made by Council Member May, seconded by Council Member Harp, that the minutes of August 11 and September 2, 2008 be approved as presented.  Motion carried. (6-0)

 

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

NAY: None

 

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

a.       Planning Commission meeting of August 4, 2008

b.      Cedar Bluff Utility Board and Solid Waste Authority meetings of June 17 and July 15, 2008

             

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

 

AGENDA ITEM NO. 3:                                  Presentation of Police Report for August, 2008 by Police Chief Walden.

 

The Police Report for August, 2008 was presented by Police Chief Steve Walden.

 

  AUGUST 2008

 

CITATIONS

 

WARNINGS

 

ARRESTS

 

REPORTS

 

DUI

0

No seat belt

0

Assault

1

Domestic

3

No seat belt

0

Child restraint violation

0

Drugs

2

Theft

7

Child restraint violation

0

Speeding

4

Drug paraphernalia

0

Burglary

3

Speeding

0

Speeding +25 mph

0

Domestic violence

0

Harassment

2

Speeding +25 mph

1

No driver's license

0

Reckless endangerment

0

Assault

1

No driver's license

0

No proof of insurance

1

Disorderly conduct

0

Traffic crash

2

No proof of insurance

0

Susp/Rev/Canc DL

0

UPPB

0

Other

7

Susp/Rev/Canc DL

0

Run stop sign

2

Theft

0

 

 

Reckless driving

0

Improper/No tag

0

Burglary

2

CALLS w/no

 

Attempting to elude

0

Improper equipment

0

Public intoxication

1

report taken

 

Run stop sign

0

Other

3

Criminal mischief

0

Alarm

2

Open container

0

Checkpoint

0

Criminal trespass

0

Noise

1

Improper/No tag

0

 

 

Other

0

Animal

1

Improper equipment

0

 

 

Felony warrants

0

Disturbance

0

Other

0

 

 

Misdemeanor warrants

1

Othercall

6

 

 

 

 

 

 

Agency assist

3

 

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

 

            The Fire Reports for August, 2008 was presented by Police Chief Steven Walden.

 

AUGUST 2008

 

Structure related alarms-            1

Vehicle related alarms-              1

Woods and Grass fires-                         1

Medical alarms-                        5

Wrecks or Accidents -               4

Unspecified or other alarms-      2

Total Runs 14

           

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

 

            The Code Enforcement Report for August, 2008 was presented by Town Clerk DeLana Martin.

 

AUGUST 2008

 

Two Building Permits

Two Zoning Permits

One Electrical Permit

One Plumbing Permit

One Mechanical Permit

One Demolition Permit

One Swimming Pool Permit

One Sign Permit

 

Two Building Permits in August 2008 total construction cost was $81,000.00

 

Total construction costs of Building Permits for 2008 is $664,500.00

 

AGENDA ITEM NO. 6:                                  Presentation of Parks and Recreation Board Report.

 

Mayor Baker called upon Nell Oliver, Parks and Recreation Board Secretary for presentation of the Parks and Recreation Board Report.

 

Mrs. Oliver advised that if the Town of Cedar Bluff was a member of the Alabama Mountain Lakes it would be represented by the Chamber of Commerce at the Boat and Tourism Shows.

 

Mrs. Oliver also noted the Parks Planning Committee was still working on getting materials, labor and donations for the upgrade of the park.

 

Mrs. Oliver also noted there were vacancies on the Parks and Recreation Board that needed to be filled and that Mrs. Dorothy Horton had been talked to, but had not committed yet.

 

AGENDA ITEM NO. 7:                                  Consider a proposal by the Cedar Bluff Park Improvement Planning Committee and the Cedar Bluff Park and Recreation Board to request donations for Community Park Development.

 

Mayor Baker called upon Mr. Randall Clifton, member of the Park Planning Committee to present a proposal to Council for approval

 

Mr. Clifton advised the Council the plans for the park improvements are to be completed in phases.  The first phase is to tear up the road between the parks and make drainage, pour concrete slabs for bathrooms, get blocks and metal roof for bathrooms.  Mr. Clifton also stated that most of the labor on this project would be donated.

 

Mr. Clifton noted he was requesting $20,000.00 of the Council from the Alcohol money to get started on the first phase of this project.  He also advised the Council that the Parks and Recreation Board already had $10,000.00 earmarked for the purpose of repairing the electrical wiring and outlets in the parks.

 

It was the consensus of the Council that Mr. Clifton prepare an itemized list of materials needed and the cost of materials and labor and present to the Council at a later date.

 

AGENDA ITEM NO. 8:                                  Consider the contract with Delmus Brewster as Liberty Day and bringing Liberty Day back under the Town.

 

Mayor Baker advised that with the agreement of Delmus Brewster, who still plans to work and be as active with Liberty Day as before, the Town is cancelling the Liberty Day Agreement with Mr. Brewster and from this day forward Liberty Day will be back under the Town.

 

The cancellation of the agreement will ultimately save money in insurance premiums.

 

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to approve the cancellation of the Liberty Day Agreement with Delmus Brewster. Motion carried (6-0)

 

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

NAY: None

 

AGENDA ITEM NO. 9:                                  Consider appointments to the Parks and Recreation Board to replace Jerry Culberson and Dennis Lockridge.

 

Mayor Baker advised there were two (2) appointments to the Parks and Recreation Board. Mrs. Billie Sue Neyman to replace Dennis Lockridge and Mr. Dorothy Horton to replace Jerry Culberson.

 

It was noted that since Mrs. Dorothy Horton was not ready to commit herself yet, she would be considered at a later date.

 

A motion was made by Council Member May, seconded by Council Member Pearson, to appoint Mrs. Billie Sue Neyman to fill the vacancy of Mr. Dennis Lockridge for a term to expire March 1, 2009.  Motion carried (6-0)

 

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

NAY: None

 

AGENDA ITEM NO. 10:                                Consider a resolution that will allow a one time lump sum payment to be granted for retirees and beneficiaries.

 

Mayor Baker introduced and read aloud Resolution No. 2008-08 in which the Town of Cedar Bluff agrees to provide all funds necessary to the Employees’ Retirement System to cover the cost of the one-time lump sum payment as provided under the provisions of Section 2 of Act 555 of the First Special Session of the 008 Legislature for those eligible employees retired from the Town of Cedar Bluff with the aforementioned increase being paid on or about December 15, 2008.

 

A motion was made by Council Member Burkhalter, seconded by Council Member Pearson, that Resolution No. 2008-08 be adopted as presented.  Motion carried (6-0)

 

AYE:  Burkhalter, Pearson, Baker, Spouse, Harp, May

NAY: None

 

AGENDA ITEM NO. 11:                                Consider property settlement between the Town and the Utility Board. (Previously distributed).

 

Mayor Baker advised she felt the separation of property between the Utility Board and the Town had been delayed long enough and she had drawn up a proposal for the separation and would like to ask for a vote of the Council at this meeting and plans to ask for a vote of the Utility Board at their meeting on Tuesday, September 16, 2008.

 

The proposal presented by Mayor Baker is as follows:

 

The Utility Board agrees to release all ownership and transfer title to that tract of land known as the Lynn Crider property. Council Room Property. Book A234, pg 232

 

The Town of Cedar Bluff agrees to release all ownership and transfer title to those tracks of land as listed below, known as “the lagoon property”:

 

1. 12.4 acre tract being used as a lagoon. Described in Book A149, pg 51.

2. 26 acre tract being used as spray irrigation field. Described in Book

    A149, pg. 54,  Book A85, pg. 161.

3. 30 acre tract being used as spray irrigation field. Described in Book A213

    at pg 186.

 

The Town agrees to grant an easement to the Utility Board on the 19 acre lot next to the lagoon property necessary for the spray system to perform properly for as long as it is needed. Property described in Book A300, pg 117.

 

The Town will retain all mineral rights for the said properties 1,2, and 3 listed above.

The bond issue statement from the bonding company is attached and an itemized statement of monies owed to the town since January 2006.

 

Council Member Sprouse noted the impact this action would make on water customers with regards to rates.

 

A motion was made by Council Member Pearson, seconded by Council Member Burkhalter, that the proposal to separate property between the Town and the Utility Board and the itemized statement from the bonding company be approved as presented. Motion carried (5-1)

 

AYE:  Pearson, Burkhalter, May, Baker, Harp

NAY: Sprouse

 

AGENDA ITEM NO. 12:                                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. 13:                                Council Member’s Comments.

 

There were no Council Member’s Comments.

 

AGENDA ITEM NO. 14:                                Citizen’s Participation (A five minute limit per person)

 

In Citizen’s Participation, Mr. Harold Whitener, Gaylesville, Alabama addressed the Council about animal control facilities in Cherokee County and various places to find shelter for neglected animals.

 

Cedar Bluff Firefighter Joey Weaver appeared dressed in a new dress firefighter uniform and on behalf of the entire fire department thanked the Mayor and Council for the dress uniforms purchased for the Cedar Bluff Volunteer Firefighters.

 

AGENDA ITEM NO. 16:                    Adjournment

 

            There being no further business to be considered at this meeting, a motion was made by Council Member Burkhalter, seconded by Council Member Pearson, that the meeting be adjourned (4:46 p.m.). Motion carried (6-0).

 

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

NAY:  None

 

                                                                        _____MARTHA BAKER_______________

                                                                                                MAYOR

 

(S.E.A.L.)

ATTEST:

 

____DeLANA MARTIN_______________

                TOWN CLERK

 

APPROVED 10/14/08