MONDAY, DECEMBER 10, 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, Monday, December 10, 2007 at 4:00 p.m., pursuant to notice duly
posted as prescribed by law. Mayor
Mayor District 1
Joan May
District 2 District 3
Ethel Sprouse
District 4 District 5
INVOCATION
The invocation was given by Council member
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of the minutes of the November 13, 2007 meeting.
A motion was made by Council Member Sprouse, seconded by Council Member Pearson that the minutes of the November 13, 2007 meeting be approved as presented. Motion carried (6-0)
AYE: Sprouse, Pearson, Baker, Harp, Burkhalter, May
NAY: None
AGENDA ITEM NO. 2: Acknowledge the minutes from the following Boards, Committees and Authorities.
a. Planning Commission meeting of November 5, 2007
b. Cedar Bluff Utility Board and Solid Waste Authority meeting of September 26 and October 15, 2007
The minutes from the Boards, Committees and Authorities were acknowledged.
AGENDA ITEM NO. 3: Presentation of Police Report for November, 2007
The
Police Report for November, 2007 was presented by Police Officer
NOVEMBER 2007
DUI 0 No seat belt 1 Child
restraint violation 0
Speeding 12 Speeding +25 mph 3 No
driver's license 1
No proof of insurance 0 Susp/Rev/Canc DL
0 Reckless
driving 0
Attempting to elude 0 Run stop sign 1 Open
container 0
Improper/No tag 1 Improper equipment 0 Other
0
Drugs 2 Drug paraphernalia 2 Domestic
violence 2
Reckless endangerment 0 Disorderly conduct 1 UPPB 0
Theft 1 Burglary 0 Public
intoxication 3
Criminal mischief 0 Criminal trespass 0 Other
1
Felony warrants 0 Misdemeanor warrants 2 Domestic
5
Theft 4 Burglary 1 Harassment
0
Assault 2 Traffic crash 1 Other
5
Alarm 3 Noise 2 Animal 0
Disturbance 21 Othercall 40 No
seat belt 2
Child restraint violation 0 Speeding 34 Speeding +25 mph 0
No driver's license 1 No proof of insurance 5 Susp/Rev/Canc
DL 1
Run stop sign 3 Improper/No tag 2 Improper
equipment 1
Other 2 Agency assist 38 Checkpoint 1
Assault 0
AGENDA ITEM NO. 4: Presentation
of Fire Department Report for November, 2007.
The
Fire Reports for November, 2007 was presented by Police Officer
NOVEMBER
Structure
related alarms- 6
Vehicle
related alarms- 1
Woods
and Grass fires- 3
Medical
alarms- 5
Wrecks
or Accidents - 0
Unspecified
or other alarms- 2
Total Runs 18
AGENDA ITEM NO. 5: Presentation of Code Enforcement Report for November, 2007
The
Code Enforcement Report for November, 2007 was presented by Code
Enforcement/Zoning Official
NOVEMBER
One Permits
for addition to house
One
Sewer Pump Permit
One
Building Permit in November 2007 total construction cost was $45,000.00
Total construction costs of Building Permits for 2007 is $3,219,800.00
AGENDA ITEM NO. 6: Presentation of Parks and Recreation Report
Mayor Baker called upon Mrs. Nell Oliver, Secretary for the Parks and Recreation Board to give a progress report on the playground equipment for the park.
Mrs. Oliver
advised the Garden Club was working on the
AGENDA ITEM
NO. 7: Presentation
of check to
Mayor Baker
advised the check for 20% of alcohol sales in Cedar Bluff would be presented to
the Cherokee County Board of Education in the amount of $24,031.00.
AGENDA ITEM NO. 8: Consider
recommendations from the Planning Commission.
Mayor Baker advised that were several recommendations to be considered from the Planning Commission and would like for the Council to consider each item separately.
Mayor Baker
called upon Zoning Official
· Rezone certain property located at the intersection of Alabama Highway 9 and County Road 63 from RR, Rural Residential District to HC, Highway Commercial Zoning District.
Planning Commission recommends approval
Mr. Wallace advised this item was to rezone the newly annexed property on County Road 63 to “HC” Highway Commercial.
A motion was made by Council Member Sprouse, seconded by Council Member Harp, to approve the Planning Commission recommendation to rezone certain property located at the intersection of Alabama Highway 9 and County Road 63 from RR, Rural Residential District to HC, Highway Commercial Zoning District. Motion carried (6-0).
AYE: Sprouse, Harp, Burkhalter, May, Pearson, Baker
NAY: None
·
Rezone certain property located on Alabama
Highway 9 (
Planning Commission recommends approval
Mr. Wallace distributed maps to the council showing the rezoning recommendations.
After a lengthy
discussion regarding the permitted uses and the increased density for R-2, a
motion was made by Council Member Sprouse, seconded by Council Member
Burkhalter to deny the Planning Commission recommendation to rezone the
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
·
Rezone certain property located on Alabama
Highway 9 and County Road 92 from the Trammel
Planning Commission recommends approval
Council Member Sprouse expressed concerns about rezoning property to “HC” Highway Commercial Zoning District before use of the property is decided.
After a lengthy discussion about the use of the property, a motion was made by Council Member Sprouse, seconded by Council May, to table this item to the January 14, 2008 Council meeting. Motion carried (6-0)
AYE: Sprouse, May, Pearson, Baker, Harp, Burkhalter
NAY: None
· Rezone the remaining R-2 section of the city limits on County Road 92 (both sides road), from R-2, Medium Density Residential Zoning District to RR, Rural Residential Zoning District
Planning Commission recommends approval
A motion was made by Council Member Sprouse, seconded by Council Member Harp, to approve the Planning Commission recommendation to rezone the remaining R-2 section of the city limits on County Road 92 (both sides road), from R-2, Medium Density Residential Zoning District to RR, Rural Residential Zoning District. Motion carried (6-0).
AYE: Sprouse, Harp, Burkhalter, May, Pearson, Baker
NAY: None
· Amend Zoning Ordinance to remove C from Section 6.2 of Article V
Planning Commission recommends approval
A motion was made by Council Member Sprouse, seconded by Council Member Pearson, to approve the Planning Commission recommendation to amend the zoning ordinance to remove C from Section 6.2 of Article V. Motion carried (6-0).
AYE: Sprouse, Pearson, Baker, Harp, Burkhalter, May
NAY: None
· Amend Article III, Section 4-1, A of the Zoning Ordinance
Accessory structures shall be permitted in the rear and side yards only
Planning Commission recommends approval
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to approve the Planning Commission recommendation to amend the zoning ordinance Article III, Section 4-1, A accessory structures shall be permitted in the rear and side yards only. Motion carried (6-0).
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance amending the alcohol ordinance regarding expiration dates and wording for Section 4, (11) Container.
Mayor Baker introduced
Ordinance No. 2005-03 Amended “An ordinance regulating the sale and
distribution of alcoholic beverages within the Town of
Mayor Baker advised the amendment of the ordinance is to extend the expiration date of alcohol license to December 31 each year.
Mayor Baker also
advised the word “keg” would be deleted from the ordinance since the
After due and careful consideration, a motion was made by Council Member Pearson, seconded by Council Member Sprouse, to adopt Ordinance No. 2005-03 Amended as presented. Motion carried (6-0)
AYE: Pearson, Sprouse, Harp, Burkhalter, May, Baker
NAY: None
AGENDA ITEM NO. 10: Consider an ordinance regulating personal names being placed on any type of equipment or structure being placed in the town park..
Mayor Baker introduced Ordinance No. 2007-14 “An ordinance regulating personal names being placed on any type equipment or structure being placed in the Town Park of Cedar Bluff, Alabama”.
Mayor Baker advised this ordinance is to allow personal names to be placed on any type equipment or structure in the town park as long as the donated item is a useful item that can be used by all citizens of the area that choose to use the park facilities.
A motion was made by Council Member Sprouse, 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 (6-0)
AYE: Sprouse, Harp, Burkhalter, May, Pearson, Baker
NAY: None
After due and careful consideration, a motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to adopt Ordinance No. 2007-14 as presented. Motion carried (6-0)
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 11: Consider authorizing Town employees to receive an annual incentive.
Mayor Baker advised this action would allow all Town employees including Police Reserves and Volunteer Firefighters to receive an annual incentive for 2007.
A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to give each employee of Cedar Bluff a $25.00 annual incentive. Motion carried (6-0).
AYE: Sprouse, Burkhalter, May, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 12: Consider allowing Mrs. Carolyn Landrem, Weiss Lake Improvement Association to address the Council regarding lake levels and water conservation issues.
Mayor Baker introduced Mrs. Carolyn Landrem with Weiss Lake Improvement Association to address the Council regarding the lake levels and water conservation issues.
Mrs. Landrem
addressed the Council with statistics on water amounts in the
Mrs. Landrem requested the Council consider changing the building codes to incorporate low flow toilets and shower heads in all new construction to help conserve water. She also requested that houses sold meet the same requirements to conserve water.
At this time, Mayor Baker thanked Mrs. Landrem for her information and advised the town would consider her request.
AGENDA ITEM NO. 13: Consider
repairs to the Fire Department
Mayor Baker advised the Council that the Fire Department kitchen and bathroom are in need of repair and Fire Chief Curry is requesting permission to make the repairs as an estimated cost of $4,800.
A motion was made by Council Member Sprouse, seconded by Council Member Pearson to authorize the repair of the Fire Department kitchen and bathroom at a cost of $4,800. Motion carried (6-0).
AYE: Sprouse, Pearson, Baker, Harp, May, Burkhalter
NAY: None
December 10, 2007
Page 6
AGENDA ITEM NO. 14: Consider Town Council Meeting calendar for 2008.
A motion was made by Council Member Sprouse, seconded by Council Member Harp, to approve the Town Council Meeting calendar for 2008 as presented. Motion carried. (6-0)
AYE: Sprouse, Harp, Burkhalter, May, Pearson, Baker
NAY: None
AGENDA ITEM NO. 15: Consider 2008 holiday schedule for Town Hall.
A motion was made by Council Member Sprouse, seconded by Council Member Harp, to approve the Town Council holiday schedule for 2008 as presented. Motion carried. (6-0)
AYE: Sprouse, Harp, Burkhalter, May, Pearson, Baker
NAY: None
AGENDA ITEM NO. 16: 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. 17: Council Member’s Comments.
There were no Council Member’s Comments.
AGENDA ITEM NO. 18: Citizen’s Participation (A five minute limit per person)
There was no Citizen’s Participation.
AGENDA ITEM NO. 19: 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. (5:02 p.m.). Motion carried (6-0).
AYE: Sprouse, Pearson, Baker, Harp, Burkhalter, May
NAY: None
_____
MAYOR
(S.E.A.L.)
ATTEST:
______
TOWN CLERK
APPROVED 01/14/08