CEDAR BLUFF TOWN COUNCIL MEETING

TUESDAY, NOVEMBER 13, 2007 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, November 13, 2007 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.

 

FLAG SALUTE

 

AGENDA ITEM NO. 1:                      Consider approval of the minutes of the October 9, 2007 meeting.

 

A motion was made by Council Member Burkhalter, seconded by Council Member Pearson that the minutes of the October 9, 2007 meeting be approved as presented.  Motion carried (6-0)

 

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

NAY: None

 

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

 

a.       Planning Commission meeting of October 1, 2007

b.      Cedar Bluff Utility Board and Solid Waste Authority meeting of August 20 and September 5, 2007

c.       Parks and Recreation Board meeting of October 4, 2007

                                         

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

 

AGENDA ITEM NO. 3:                      Presentation of Police Report for October, 2007

 

            The Police Report for October, 2007 was presented by Chief Steve Walden

 

OCTOBER

ARREST                                                                                               UTC’S

 

DRUGS                                                  3                              SPEEDING                                       6   

DRUG PARAPHERNALIA                                                                RECKLESS DRIVING                     

PISTOL WITHOUT PERMIT                                                             NO SEAT BELT                                  

DOMESTIC VIOLENCE                                                                     SUSP. OR REVOKED DL          1

DISORDERLY CONDUCT                                                  ATTEMPT TO ELUDE               

NOISE ORDINANCE                                                                           NO INSURANCE                                   

CRIMINAL LITTERING                                                                     IMPROPER EQUIPMENT         

D.U.I.                                                                                                      DOG ORDINANCE

U.P.P.B                                                                                                   IMPROPER OR NO TAG          

THEFT                                                                                                   IMPROPER TURN

BURGLARY                                                          6                              IMPROPER PASSING                     

PUBLIC INTOXICATION                  2                              NO DL.                                                  

WARRANTS                                                        2                              CHILD RESTRAINT                   

OTHER                                                                 3                              OTHER                                 

 

THEFT REPORTS                                                                              TRAFFIC CRASHES

                                                                                                                                2

RECOVERED PROPERTY                                                              SEIZED PROPERTY

           

 

AGENDA ITEM NO. 4:                      Presentation of Fire Department Report for October, 2007.

 

            The Fire Reports for October, 2007 was presented by Mayor Baker in the absence of Chief J P Curry.

 

OCTOBER

Structure related alarms-            7

Vehicle related alarms-              1

Woods and Grass fires-                         2

Medical alarms-                        2

Wrecks or Accidents -               3

Unspecified or other alarms-      1

Total Runs 16

 

AGENDA ITEM NO. 5:                      Presentation of Code Enforcement Report for October, 2007  

 

            The Code Enforcement Report for October, 2007 was presented by Code Enforcement/Zoning Official Jimmy Wallace.

 

OCTOBER

Two Permits for remodel

Three Permits for accessory structure

Three Electrical Permits

One Plumbing Permit

One Mechanical Permit

One Sewer Pump Permit

Five Zoning Permits

 

Five Building Permits in October 2007 total construction cost was $99,500.00

            Total construction costs of Building Permits for 2007 is $3,174,800.00

 

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

 

Mayor Baker advised there was no one available to present a Parks and Recreation Board Report at this time, she did advise the Council and citizens that the new playground and park equipment would be delivered November 19, 2007

 

AGENDA ITEM NO. 7:                      Consider recommendations from the Planning Commission.

 

Mayor Baker advised that there had been several questions arise regarding the amendment to the zoning ordinance pertaining to Truck Parking Restrictions and advised it is the consensus of the Council to table this item indefinitely.

  

AGENDA ITEM NO. 8:                      Consider appointment to the Parks and Recreation Board.

 

Mayor Baker advised the Parks and Recreation Board is requesting to appoint Mrs. Glenda Liddle to replace the unexpired term of Mr. Jerry Holt for a term to expire March 1, 2010.

A motion was made by Council Member Burkhalter, seconded by Council Member Pearson, to appoint Mrs. Glenda Liddle to the Parks and Recreation Board to replace the unexpired term of Mr. Jerry Holt for a term to expire March 1, 2010.  Motion carried. (6-0)

 

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

NAY: None

 

AGENDA ITEM NO. 9:                      Consider allowing Mr. William Fennelly to come before the Council to request an appeal on the decision to demolish house on property located at 5181 Sewell Ferry Road.

 

Mayor Baker advised that the order had not been signed by the judge; therefore this item would be deferred to the December 10, 2007 meeting.

 

AGENDA ITEM NO. 10:                    Public hearing and consider an application from Thelma Joseph dba Joe’s Watering Hole located at 8125 AL Hwy 9, Ste 2, Cedar Bluff for a license to sell retail beer, draft beer and liquor for on premises consumption.

 

Mayor Baker declared a public hearing open to consider an application from Thelma Joseph dba Joe’s Watering Hole located at 8125 AL Hwy 9, Ste 2, Cedar Bluff for a license to sell retail beer, draft beer and liquor for on premises consumption.

No persons appeared.

A motion was made by Council Member May, seconded by Council Member Pearson that the application to sell retail beer, draft beer and liquor at 8125 AL Hwy 9, Ste 2 for on-premises consumption be approved as submitted.  Motion carried (6-0).

 

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

NAY: None

 

AGENDA ITEM NO. 11:                    Consider a resolution contract for Professional Engineering Services CDBG Project No. SM-CM-CP-07-028 (Neighborhood Revitalization).

 

Mayor Baker advised this resolution is for professional engineering services on the Neighborhood Revitalization Project and Ladd Environmental Consultants, Incorporated has been chosen for engineering services on this project.

Mayor Baker introduced Resolution No. 2007-05, a contract for Professional Engineering Services CDBG Project No. SM-CM-CP-07-028.

A motion was made by Council Member Sprouse, seconded by Council Member Harp, that Resolution No. 2007-05 be adopted as presented.  Motion carried.

 

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

NAY: None

 

AGENDA ITEM NO. 12:                    Consider a resolution contract for Project Administration & Technical Assistance CDBG Project No. SM-CM-CP-07-028 (Neighborhood Revitalization).

           

Mayor Baker advised this resolution is for Administration & Technical Assistance services on the Neighborhood Revitalization Project and Public Systems, Incorporated has been chosen for administration services on this project.

At this time, Mayor Baker introduced Mr. Jim Crouse, Public Systems, Inc. to expound on the revitalization project.

Mr. Crouse advised that the Neighborhood Revitalization Project was under way and would take approximately one (1) to one and a half (1 ½) years to complete.  Improvements to be made are street repairs, sewer line replacement, renovation to manholes, six (6) structure renovations and ten (10) rehabilitations.

Mayor Baker introduced Resolution No. 2007-06, a contract for Project Administration & Technical Assistance on CDBG Project No. SM-CM-CP-07-028.

A motion was made by Council Member Harp, seconded by Council Member May, that Resolution No. 2007-06 be adopted as presented.  Motion carried.

 

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

NAY: None

 

AGENDA ITEM NO. 13:                    Consider an ordinance adopting the Business License Reform Act.

 

Mayor Baker advised that the Business License Reform Act was a mandatory act by the state of Alabama to regulate business licenses in municipalities.

 

Mayor Baker introduced Ordinance No. 2007-11 to adopt the Business License Code of the Town of Cedar Bluff, Alabama for the year 2008-09 and each subsequent year.

 

A motion was made by Council Member Pearson, seconded by Council Member Harp, to suspend all rules and regulations which unless suspended, would prevent the immediate consideration and adoption of the said ordinance.  Motion carried (5-1)

 

AYE:  Pearson, Harp, Burkhalter, May, Baker

ABSTAIN: Sprouse

NAY: None

 

            After due and careful consideration, a motion was made by Council Member Pearson, seconded by Council Member Burkhalter, to adopt Ordinance No. 2007-11 as presented.  Motion carried (5-1)

 

AYE: Pearson, Burkhalter, May, Baker, Harp

ABSTAIN: Sprouse

NAY: None

 

AGENDA ITEM NO. 14:                    Consider adopting a new noise ordinance.

 

Mayor Baker advised that the noise ordinances in Cedar Bluff had been in effect sine 1990 and needed to be revised.

Mayor Baker introduced Ordinance No. 2007-12 regulating noise within the Town of Cedar Bluff, Alabama.

            After due and careful consideration, a motion was made by Council Member May, seconded by Council Member Pearson, to adopt Ordinance No. 2007-12 as presented.  Motion carried (6-0)

 

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

NAY: None

 

AGENDA ITEM NO. 15:                    Consider an ordinance to annex property located on County Road 63 into the city limits of Cedar Bluff.

 

Mayor Baker advised that this ordinance is to annex the property located on County Road 63 into the city limits of Cedar Bluff.

Mayor Baker introduced Ordinance No. 2007-13 annexing property located on County Road 63 and owned by Betty W. Zoller aka known as Dimple Elizabeth Waite Graves into the city limits of Cedar Bluff, Alabama.

A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to suspend all rules and regulations which unless suspended, would prevent the immediate consideration and adoption of the said ordinance.  Motion carried (6-0)

 

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

NAY: None

 

            After due and careful consideration, a motion was made by Council Member Burkhalter, seconded by Council Member Pearson, to adopt Ordinance No. 2007-13 as presented.  Motion carried (6-0)

 

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

NAY: None

 

AGENDA ITEM NO. 16:                    Consider the Statement of Commitment from Municipal Workers Compensation Fund, Inc. (MWCF).

 

A motion was made by Council Member Sprouse, seconded by Council Member Harp, to approve the Statement of Commitment from Municipal Workers Compensation Fund, Inc. as presented.  Motion carried (6-0).

 

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

NAY: None

 

AGENDA ITEM NO. 17:                    Consider allowing Mrs. Christy Agan to address the Council regarding discharging firearms in the city limits by individuals who are not law enforcement.

 

Mayor Baker introduced Mr. Agan to address the Council regarding discharging firearms in the city limits by individuals who are not law enforcement. 

Mr. Agan expressed his concern regarding discharging firearms in residential areas of the city limits and requested the Council consider adopting an ordinance restricting discharging firearms.

Mr. Agan also requested some “Children At Play” signs and/or some speed breakers at the intersection of Boundary and Broad Streets.

 

AGENDA ITEM NO. 18:                    Consider the budget for fiscal year 2007-08.

 

Mayor Baker advised the Council the budget for 2007-08 was increased to $650,000.00.  Mayor Baker advised she had increased the budget expenditures on building maintenance to include repairs that are needed on city buildings.

A motion was made by Council Member Burkhalter, seconded by Council Member Pearson, to adopt the 2007-08 budget as presented.  Motion carried (6-0).

 

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

NAY: None

 

AGENDA ITEM NO. 19:                    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. 20:                    Council Member’s Comments.

 

            In Council Member’s Comments Council Member Sprouse inquired about the time frame for the repairs at the Community Center.  Mayor Baker advised we were waiting on some bids to be turned in for the repairs.

 

AGENDA ITEM NO. 21:                    Citizen’s Participation (A five minute limit per person)

 

            In Citizen’s Participation, Mrs. Marcia Kastl inquired about the uses at the Community Center.

 

AGENDA ITEM NO. 18:                    Adjournment

 

            There being no further business to be considered, a motion was made by Council Member Sprouse, seconded by Council Member Pearson, that the meeting be adjourned. (4:47 p.m.). Motion carried (6-0).

 

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

NAY:  None

 

                                                                        ______MARTHA BAKER_____________

                                                                                                MAYOR

 

(S.E.A.L.)

ATTEST:

 

______DeLANA MARTIN______________

                TOWN CLERK

 

APPROVED 12/10/07