CEDAR BLUFF TOWN COUNCIL MEETING

MONDAY, AUGUST 11, 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, August 11, 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

 

Forrest Pearson_          _                                              Ethel Sprouse____________

District 3                                                                      District 4                                 

 

Leatha Harp                

District 5         

 

ABSENT

Joan May                    

District 2

 

INVOCATION

 

The invocation was given by Council Member Leatha Harp.

 

PLEDGE

 

AGENDA ITEM NO. 1:                                  Consider approval of the minutes of the July 14, 2008 meeting.

 

A motion was made by Council Member Pearson, seconded by Council Member Burkhalter, that the minutes of July 14, 2008 be approved as presented.  Motion carried. (5-0)

 

AYE:  Pearson, Burkhalter, Baker, Sprouse, Harp

NAY: None

 

AGENDA ITEM NO. 2:                                  Acknowledge the minutes from the Planning Commission meeting of July 7, 2008

 

The minutes from the Planning Commission meetings were acknowledged.

 

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

 

The Police Report for July, 2008 was presented by Police Officer Jimmy Wallace.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  JULY 2008

 

CITATIONS

 

WARNINGS

 

ARRESTS

 

REPORTS

 

DUI

1

No seat belt

9

Assault

0

Domestic

4

No seat belt

0

Child restraint violation

0

Drugs

0

Theft

0

Child restraint violation

0

Speeding

5

Drug paraphernalia

0

Burglary

1

Speeding

0

Speeding +25 mph

1

Domestic violence

3

Harassment

0

Speeding +25 mph

0

No driver's license

2

Reckless endangerment

0

Assault

0

No driver's license

1

No proof of insurance

1

Disorderly conduct

0

Traffic crash

2

No proof of insurance

0

Susp/Rev/Canc DL

0

UPPB

0

Other

1

Susp/Rev/Canc DL

1

Run stop sign

6

Theft

0

 

 

Reckless driving

1

Improper/No tag

0

Burglary

2

CALLS w/no

 

Attempting to elude

1

Improper equipment

1

Public intoxication

0

report taken

 

Run stop sign

1

Other

2

Criminal mischief

2

Alarm

3

Open container

0

Checkpoint

3

Criminal trespass

0

Noise

1

Improper/No tag

0

 

 

Other

1

Animal

0

Improper equipment

0

 

 

Felony warrants

0

Disturbance

4

Other

1

 

 

Misdemeanor warrants

10

Othercall

15

 

 

 

 

 

 

Agency assist

3

 

AGENDA ITEM NO. 4:

                                                           

Presentation of Fire Department Report for July, 2008.

 

The Fire Reports for July, 2008 was presented by Volunteer Firefighter Joey Weaver.

 

JULY 2008

 

Structure related alarms-            7

Vehicle related alarms-              2

Woods and Grass fires-                         5

Medical alarms-                        5

Wrecks or Accidents -               2

Unspecified or other alarms-      1

Total Runs 22

           

AGENDA ITEM NO. 5:

                                                           

Presentation of Code Enforcement Report for July, 2008  

 

The Code Enforcement Report for July, 2008 was presented by Code Enforcement/Zoning Official Jimmy Wallace.

 

JULY 2008

 

Nine Building Permits

Nine Zoning Permits

Two Electrical Permits

One Plumbing Permit

One Mechanical Permit

One Sign Permit

 

Nine Building Permits in July 2008 total construction cost was $132,000.00

 

Total construction costs of Building Permits for 2008 is $583,500.00

 

 

 

 

 

 

 

 

AGENDA ITEM NO. 6:

                                                                       

Public hearing and consider an ordinance to rezone property owned by Forrest, David and

Doris Pearson located on Highway 68 and Stone Drive from “RR” Rural Residential

Zoning District to “HC”, Highway Commercial Zoning District.

 

Mayor Baker declared a public hearing open to discuss rezoning property located on Highway 68 and Stone Drive.

No persons appeared and the public hearing was closed.

Mayor Baker introduced Ordinance No. 2008-12 rezoning property owned by Forrest, David and Doris Pearson, located on Highway 68 and Stone Drive from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

After due and careful consideration, a motion was made by Council Member Burkhalter, seconded by Council Member Sprouse, to adopt Ordinance No. 2008-12 to rezone property located on Highway 68 and Stone Drive from “RR” Rural Residential Zoning District to “HC” Highway Commercial District.  Motion carried. (4-1)

 

AYE: Burkhalter, Sprouse, Harp, Baker

NAY: None

ABSTAIN: Pearson

 

AGENDA ITEM NO. 7:                                 

 

Presentation of Park and Recreation Board Report.

Mayor Baker advised there was no one present to present the Parks and Recreation Board report.

 

AGENDA ITEM NO. 8:

                                                                       

Presentation and 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 advised that the Parks and Recreation Board along with the Park Planning Committee has a proposal to present to the Council for approval

After discussion of the proposal and the contribution sheet, it was the consensus of the Council to table this item and talk to the Parks and Recreation Board before approving the proposal.

 

AGENDA ITEM NO. 9:                                 

 

Consider the payment to Gadsden State College.

 

Mayor Baker advised this is the time we make the payment for Gadsden State College and that last year the payment came from the alcohol account.

Since there is a moratorium on the alcohol account, Mayor Baker advised she needed Council approval for payment for payment from the alcohol account.

A discussion ensued regarding the monies deposited and spent from the alcohol account and Mayor Baker asked the Council who remembered Mayor Sanders stating that the money for the Gadsden State College would come from the alcohol sales?

After a lengthy discussion, a motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to remove the moratorium and pay $6,000 to Gadsden State from the alcohol account. Motion carried (5-0)

 

AYE: Sprouse, Burkhalter, Pearson, Baker, Harp

NAY: None

 

 

 

 

 

 

 

AGENDA ITEM NO. 10:                               

Consider a resolution declaring a general municipal election to be held in the Town of

Cedar Bluff on the 26th day of August, 2008.

 

Mayor Baker introduced Resolution No. 2008-04 declaring a general municipal election to be held in the Town of Cedar Bluff on August 26, 2008.

A motion was made by Council Member Pearson, seconded by Council Member Sprouse, that Resolution No. 2008-04 be adopted as presented.  Motion carried (5-0)

 

AYE:  Pearson, Sprouse, Harp, Burkhalter, Baker

NAY: None

 

AGENDA ITEM NO. 11:                               

 

Consider statement of candidacy and a resolution for District 5.

 

Mayor Baker introduced a statement of candidacy certifying that only one person filed a statement of candidacy for the office of Town Council District 5.

Resolution No. 2008-05 was introduced by Mayor Baker providing that if only one person has filed a statement of candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code at the time the deadline for qualification has passed, then such person shall be deemed elected to such office.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, that Resolution No. 2008-05 be adopted as presented.  Motion carried (5-0)

 

AYE:  Sprouse, Pearson, Baker, Harp, Burkhalter

NAY: None

 

AGENDA ITEM NO. 12:                               

 

Consider a resolution appointing election officers for the Municipal Election to be held

on August 26, 2008.

 

Mayor Baker introduced Resolution No. 2008-06 appointing election officers for the Municipal Election to be held on August 26, 2008.

A motion was made by Council Member Sprouse, seconded by Council Member Harp, that Resolution No. 2008-06 be adopted as presented.  Motion carried (5-0)

 

AYE:  Sprouse, Harp, Burkhalter, Pearson, Baker

NAY: None

 

AGENDA ITEM NO. 13:

                                                                       

Consider the Election Services agreement with Matt Sims on behalf of Elections Systems

and Software Inc. for setup and delivery of voting machines. 

 

Mayor Baker advised this agreement is to pay for the two (2) voting machines for the municipal election for August 26, 2008 at a cost of $250.00 per machine.

A motion was made by Council Member Pearson, seconded by Council Member Burkhalter, to approve payment for voting machines for the municipal election for 2008.  Motion carried (5-0).

 

AYE: Pearson, Burkhalter, Baker, Sprouse, Harp

NAY: None

 

 

 

 

 

 

AGENDA ITEM NO. 14:                               

 

Announcement by Mayor Baker for Council to be prepared to discuss and consider

property settlement between the Town and the  Utility Board at the September Council

meeting.

 

Mayor Baker advised the Council she would have paperwork distributed to the Council prior to the September meeting and would like to reach a settlement on the property at the next Council meeting.

 

AGENDA ITEM NO. 15:                               

 

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. 16:                               

 

Council Member’s Comments.

 

There were no Council Member’s Comments.

 

AGENDA ITEM NO. 17:                               

Citizen’s Participation ( A five minute limit per person)

 

In Citizen’s Participation, Mrs. Billie Sue Neyman inquired about the 20% of alcohol money that is supposed to be given to the school.

Ms. Sue Young inquired as to why it had to go to sports.

Council Member Sprouse advised the money was designated to go for non-academic purposes, but that did not mean specifically sports.

Mr. Herb Sherwin inquired about the cost of the gas lights in the park.

Mrs. Carol Mouser inquired as to why the Town is paying a loan that is owed by the Utility Board.

Mayor Baker advised the bonds the Town is paying on were borrowed when the Town Hall and the Utility Board were still housed at the same location and considered to be as one entity.

 

AGENDA ITEM NO. 16:                   

 

Adjournment

 

            There being no further business to be considered at this meeting, a motion was made by Council Member Sprouse, seconded by Council Member Pearson, that the meeting be adjourned (5:12 p.m.). Motion carried (5-0).

 

AYE:  Sprouse, Pearson, Baker, Harp, Burkhalter

NAY:  None

 

                                                                        MARTHA BAKER_______________

                                                                        MAYOR

 

(S.E.A.L.)

ATTEST:

 

DeLANA MARTIN________________

TOWN CLERK

 

APPROVED 09/08/08