CEDAR BLUFF TOWN COUNCIL MEETING

MONDAY, SEPTEMBER 18, 2006 AT 5:00 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, September 18, 2006 at 5:00 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                                                                    Ethel Sprouse

District 2                                                                      District 4

 

Leatha Harp

District 5   

 

            ABSENT

 

            Forrest Pearson

            District 3

 

INVOCATION

     

      The invocation was given by Council member Leatha Harp.

 

FLAG SALUTE

 

AGENDA ITEM NO. 1:                      Consider approval of the minutes of the August 22, 2006 meeting.

 

            A motion was made by Council Member Sides, seconded by Council Member Burkhalter that the minutes of August 22, 2006, be approved as presented.     Motion carried (5-0).

 

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

NAY:  None

 

AGENDA ITEM NO. 2:                      Acknowledge the following minutes

 

a)      Cedar Bluff Utilities Board and Solid Waste Authority minutes of August 7 and August 16, 2006 meetings

b)      Northeast Alabama MR/DD Authority minutes of July 12, 2006

 

   The minutes from the Cedar Bluff Utilities Board and Solid Waste Authority meetings and the Northeast Alabama MR/DD Authority were acknowledged.

     

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

 

            The Police report was given by Assistant Police Chief Curry.

     

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

 

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

 

AGENDA ITEM NO. 5:                      Presentation of Fire Department Report for August, 2006 by Fire Chief J. P. Curry.

 

            The Fire Report for August, 2006 was given by Fire Chief J. P. Curry.  Chief Curry also thanked the council for allowing the fire department to apply for a $5,000 US Forestry Grant.  The grant was approved for $4,800.00 and the fire departments intentions are to purchase Wildland fire fighting suits and other equipment.

            Chief Curry also advised the agreement entered into with Covenant Billing for collection of fire run payments has already paid off and the fire department has received their first check payment.

 

AGENDA ITEM NO. 6:                      Public hearing and consider an ordinance to rezone 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).

 

Mayor Baker declared a public hearing in session to consider rezoning property located at 2290 AL Highway 68 E from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-15 was introduced and a motion was made by Council Member Sides, seconded by Council Member Burkhalter, that Ordinance No. 2006-15 be adopted to rezone property located at 2290 AL Highway 68 E to “HC” Highway Commercial Zoning District.   Motion carried (5-0).

 

AYE:  Sides, Burkhalter, Baker, Sprouse, Harp

NAY:  None

 

AGENDA ITEM NO. 7:                      Public hearing and consider an ordinance to rezone 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)

 

Mayor Baker declared a public hearing in session to consider rezoning property located at 2270 AL Highway 68 E from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-16 was introduced and a motion was made by Council Member Burkhalter, seconded by Council Member Sides, that Ordinance No. 2006-16 be adopted to rezone property located at 2270 AL Highway 68 E to “HC” Highway Commercial Zoning District.   Motion carried (5-0).

 

AYE:  Burkhalter, Sides, Baker, Sprouse, Harp

NAY:  None

 

AGENDA ITEM NO. 8:                      Public hearing and consider an ordinance to rezone 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)

 

 

Mayor Baker declared a public hearing in session to consider rezoning property located at 800 County Road 907 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-17 was introduced and a motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, that Ordinance No. 2006-17 be adopted to rezone property located at 800 County Road 907 to “HC” Highway Commercial Zoning District.   Motion carried (5-0).

 

AYE:  Sprouse, Burkhalter, Sides, Baker, Harp

NAY:  None

                       

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

 

Mayor Baker declared a public hearing in session to consider rezoning property located at AL Highway 68 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-18 was introduced and a motion was made by Council Member Sides, seconded by Council Member Harp, that Ordinance No. 2006-18 be adopted to rezone property located at AL Highway 68 to “HC” Highway Commercial Zoning District.   Motion carried (5-0).

 

AYE:  Sides, Harp, Burkhalter, Baker, Sprouse

NAY:  None

 

AGENDA ITEM NO. 10:                    Public hearing and consider an ordinance to rezone 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)

 

Mayor Baker declared a public hearing in session to consider rezoning property located 3410 Stone Drive from “RR” Rural Residential Zoning District to “R-3” High Density Residential Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-19 was introduced and a motion was made by Council Member Harp, seconded by Council Member Sides, that Ordinance No. 2006-19  be adopted to rezone property located at 3410 Stone Drive to “R-3” High Density Residential Zoning District.   Motion carried (5-0).

 

AYE:  Harp, Sides, Baker, Sprouse, Burkhalter

NAY:  None

 

AGENDA ITEM NO. 11:                    Public hearing and consider an ordinance to rezone 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)

  

 

Mayor Baker declared a public hearing in session to consider rezoning property located on AL Highway 68 E from “RR” Rural Residential Zoning District to “R-3” High Density Residential Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-20 was introduced and a motion was made by Council Member Sides, seconded by Council Member Burkhalter, that Ordinance No. 2006-20  be adopted to rezone property located on AL Highway 68 E to “R-3” High Density Residential Zoning District.   Motion carried (5-0).

 

AYE:  Sides, Burkhalter, Baker, Sprouse, Harp

NAY:  None

           

AGENDA ITEM NO. 12:                    Public hearing and consider an ordinance to rezone 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)

 

Mayor Baker declared a public hearing in session to consider rezoning property located on County Road 131 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-21 was introduced and a motion was made by Council Member Sprouse, seconded by Council Member Sides, that Ordinance No. 2006-21  be adopted to rezone property located on AL Highway 68 E to “HC” Highway Commercial Zoning District.   Motion carried (5-0).

 

AYE:  Sprouse, Sides, Baker, Harp, Burkhalter

NAY:  None

 

AGENDA ITEM NO. 13:                    Public hearing and consider an ordinance to increase rezoning fees.

 

Mayor Baker declared a public hearing in session to consider increasing rezoning fees from $25.00 to $100.00.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the increased fees.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-22 was introduced and a motion was made by Council Member Burkhalter, seconded by Council Member Sprouse, that Ordinance No. 2006-22  be adopted to increase rezoning fees to $100.00.   Motion carried (5-0).

 

AYE:  Burkhalter, Sprouse, Harp, Sides, Baker

NAY:  None

 

AGENDA ITEM NO. 14:                    Public hearing and consider an ordinance to rezone 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 (Applicant: Town of Cedar Bluff) 

 

 

 

Mayor Baker declared a public hearing in session to consider rezoning property located in the middle section of West Chattooga and Armstrong from “R-2” Medium Density Residential Zoning District to “RR” Rural Residential Zoning District.

Mayor Baker asked if any persons wished to appear in favor of or in protest of the rezoning.  No persons appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2006-23 was introduced and a motion was made by Council Member Harp, seconded by Council Member Sprouse, that Ordinance No. 2006-23  be adopted to rezone property located in the middle section of West Chattooga and Armstrong to “RR” Rural Residential Zoning District.   Motion carried (5-0).

 

AYE:  Harp, Sprouse, Burkhalter, Sides, Baker

NAY:  None

 

   AGENDA ITEM NO. 15:                    Public hearing and consider a resolution to vacate a portion of a city street named Cherokee Drive (Stone Drive).  (Applicant:  Jimmy & Margaret Wallace)

 

            Mayor Baker advised that the applicants requests that this item be deferred to a later date.

           

   AGENDA ITEM NO. 16:                    Consider a resolution granting a cost of living increase to retirees and surviving beneficiaries of the Employees’ Retirement System whose effective date is on before September 1, 2005.

 

            A motion was made by Council Member Sprouse, seconded by Council Member Sides, that Resolution No. 2006-06 be approved to grant a cost of living increase to retirees and surviving beneficiaries of the Employees’ Retirement System whose effective date is on before September 1, 2005.  Motion carried.

 

   AYE:  Sprouse, Sides, Baker, Harp, Burkhalter

   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. John Blackburn, County Road 907 appeared before the council requesting that County Road 907 be put on a waiting list for resurfacing.

            Ms. Ann Carr inquired about the monies paid to attorneys for the alcohol lawsuit and was advised by Mayor Baker that attorney’s would be paid until the case is dismissed.

 

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. (5:19 p.m.).  Motion carried (5-0)

 

AYE:  Burkhalter, Sprouse, Harp, Sides, Baker

NAY: None

 

_MARTHA BAKER___________

                                                                                                MAYOR

 

 

ATTEST:

(S.E.A.L.)

 

 

DeLANA MARTIN____________

            TOWN CLERK

 

APPROVED 10/12/06