CEDAR BLUFF TOWN COUNCIL MEETING

MONDAY, MAY 12, 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 Regular Scheduled Session in the Council Room at Town Hall, 3420 Spring Street, Cedar Bluff, Alabama, Monday, May 12, 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.

 

FLAG SALUTE

 

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

 

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

 

AYE:  Sprouse, Burkhalter, Pearson, Baker, Harp

NAY: None

 

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

                                         

a.                   Planning Commission meeting of April 7, 2008

b.                  Cedar Bluff Utility Board and Solid Waste Authority meetings of February 14 and February 20, 2008.

 

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

 

AGENDA ITEM NO. 3:                      Presentation of Police Report for April, 2008

 

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

 

APRIL 2008

 

CITATIONS

 

WARNINGS

 

ARRESTS

 

REPORTS

 

DUI

1

No seat belt

0

Assault

0

Domestic

4

No seat belt

0

Child restraint violation

0

Drugs

0

Theft

3

Child restraint violation

1

Speeding

1

Drug paraphernalia

0

Burglary

2

Speeding

2

Speeding +25 mph

0

Domestic violence

2

Harassment

2

Speeding +25 mph

0

No driver's license

1

Reckless endangerment

0

Assault

1

No driver's license

0

No proof of insurance

0

Disorderly conduct

0

Traffic crash

4

No proof of insurance

1

Susp/Rev/Canc DL

0

UPPB

0

Other

3

Susp/Rev/Canc DL

0

Run stop sign

0

Theft

2

 

 

Reckless driving

0

Improper/No tag

1

Burglary

0

CALLS w/no

 

Attempting to elude

2

Improper equipment

0

Public intoxication

0

report taken

 

Run stop sign

0

Other

2

Criminal mischief

0

Alarm

1

Open container

0

Checkpoint

0

Criminal trespass

0

Noise

0

Improper/No tag

0

 

 

Other

0

Animal

1

Improper equipment

0

 

 

Felony warrants

1

Disturbance

3

Other

1

 

 

Misdemeanor warrants

3

Othercall

24

 

 

 

 

 

 

Agency assist

15

 

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

 

            The Fire Reports for April, 2008 was presented by Police Officer Jimmy Wallace.

 

APRIL 2008

 

Structure related alarms-            0

Vehicle related alarms-              1

Woods and Grass fires-                         1

Medical alarms-                        1

Wrecks or Accidents -               7

Unspecified or other alarms-      0

Total Runs 10

           

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

 

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

 

APRIL 2008

 

One Building Permit for remodel

One Building Permit for accessory structure

One Zoning Permit

One Electrical Permit

One Plumbing Permit

One Demolition Permit

 

Three Building Permits in April 2008 total construction cost was $20,000.00

 

Total construction costs of Building Permits for 2008 is $359,500.00

 

At this time Mayor Baker deviated from the regular agenda to allow Mrs. Nell Oliver, Parks and Recreation Board Secretary to give the report on Liberty Day.

 

AGENDA ITEM NO. 7:                      Presentation of Parks and Recreation Board Report.

 

            Mrs. Nell Oliver advised that work was continuing on the Liberty Day celebration.  She advised that there would be horse rides and all proceeds would go for new park equipment. 

            A thank you was also issued to Centre Rotary for the contribution to pay for the Atlanta Puppeteer for Liberty Day.

 

AGENDA ITEM NO. 6:                      Consider the condemnation issue for property located at 5081 Sewell Ferry Road owned by William Fennelly and allow Mr. Glenn Shedd, Attorney for Mr. Fennelly to speak.

 

            Mayor Baker introduced Mr. Glenn Shedd, Attorney for Mr. William Fennelly along with Mr. D. Ray Cowan, Engineer to discuss the property located on 5081 Sewell Ferry Road.

            Mr. Cowan advised the council that he had not inspected the house since 2007 and at that time he found issues with the construction of the house foundation and walls. He advised that in his opinion some of the house could be saved if experienced contractors were hired.

            Building Inspector Jimmy Wallace advised that building permits and variances for the house in question has been ongoing since 2002. The permits were not commenced or kept at an approved location of work for ninety (90) days which is a requirement of the building code. Therefore, in December 2006 a certified letter to condemn the house was sent to Mr. Fennelly.

            Bill Hawkins, Attorney for the Town advised a suit was filed last year proposing the Town reconsider the condemnation.

            Mayor Baker inquired of Mr. Fennelly and Mr. Shedd what their plan for repair is and advised the Town needed something in writing advising of such.

            Mr. Shedd advised he would get a plan of action.

            Council Member Sprouse advised that repairs needed to be made in a reasonable time frame.

            Mr. Wallace advised six (6) years was long enough and he felt the house can’t be fixed.

            A motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to table the decision for thirty (30) days.  Motion carried (5-0).

 

AYE: Sprouse, Burkhalter, Pearson, Baker, Harp

NAY: None

 

AGENDA ITEM NO. 8:                      Consider Planning Commission recommendation.

 

Mayor Baker advised of the Planning Commission recommendation to create a zoning district for Commercial Campgrounds “CC”.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, to approve recommendation as presented by the Planning Commission. Motion carried (5-0).

 

AYE: Sprouse, Pearson, Baker, Harp, Burkhalter

NAY: None

 

AGENDA ITEM NO. 9:                      Consider amending Ordinance 125 to correct legal descriptions of annexed property (County Road 131) (deferred from 04/14/08 meeting).

 

Mayor Baker advised there was and issue with the Utility Board’s sewer lines running across the property owned by Mr. Kenny Ford and Mrs. Barbara Pike proposed to be de-annexed. 

A discussion ensued about the time frame date of the sale of the property from Mrs. Anna Blalock and the installation of the sewer lines.

Bill Hawkins, Attorney for the Town asked questions to help him clarify the situation.

At this time Mayor Baker introduced Ordinance No. 125-A 1 to correct legal descriptions of annexed property on County Road 131.

After due and careful consideration, a motion was made by Council Member Sprouse, seconded by Council Member Pearson, to adopt Ordinance No. 125-A 1 to de-annex the property located on County Road 131, owned by Mr. Kenny Ford and Mrs. Barbara Pike contingent on an easement from Mr. Ford granting the Utility Board rights to cross and maintain the sewer lines.  Motion carried (5-0).

 

AYE: Sprouse, Pearson, Baker, Harp, Burkhalter

NAY: None

 

AGENDA ITEM NO. 10:                    Public hearing and consider an ordinance to amend Article II, Section 2, 2.43 of the Zoning Ordinance.

 

Mayor Baker declared a public hearing open to consider an ordinance to amend Article II, Section 2, 2.43 of the Zoning Ordinance.

No persons appeared.

Mayor Baker introduced Ordinance No. 2008-09 amending the zoning ordinance to change oldest dates for manufactured homes allowed in Cedar Bluff Town Limits to June 15, 1990.

After due and careful consideration, a motion was made by Council Member Sprouse, seconded by Council Member Burkhalter, to adopt Ordinance No. 2008-09 as presented. Motion carried (5-0).

 

AYE: Sprouse, Burkhalter, Pearson, Baker, Harp

NAY: None

 

AGENDA ITEM NO. 11:                    Public hearing and consider an ordinance to rezone property located at 5015 Alabama Highway 9 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District. (Applicant: Ethel J. Sprouse).

 

Mayor Baker declared a public hearing open to consider an ordinance to rezone property located at 5015 Alabama Highway 9 from “RR” Rural Residential Zoning District to “HC” Highway Commercial Zoning District.

No persons appeared.

Mayor Baker introduced Ordinance No. 2008-10 “An ordinance to rezone property located at 5015 Alabama Highway 9 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 Harp, to adopt Ordinance No. 2008-10 as presented. Motion carried (5-0).

 

AYE: Burkhalter, Pearson, Baker, Harp

NAY: None

ABSTAIN: Sprouse

 

AGENDA ITEM NO. 12:                    Consider an agreement for Alabama Mutual Aid System (AMAS) by Alabama State Emergency Management.

 

Mayor Baker advised the agreement for Alabama Mutual Aid System (AMAS) by the Alabama State Emergency Management has already been passed by the State and County and they have requested passage by the municipalities also for relief in case of disaster.

A motion was made by Council Member Sprouse, seconded by Council Member Pearson, to approve the agreement as presented.  Motion carried (5-0).

 

AYE: Sprouse, Pearson, Baker, Harp, Burkhalter

NAY: None

 

AGENDA ITEM NO. 13:                    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 come before the Council.

 

AGENDA ITEM NO. 14:                    Council Member’s Comments.

 

            There were No Council Member’s Comments.

 

AGENDA ITEM NO. 15:                    Citizen’s Participation (A five minute limit per person)

 

            In Citizen’s Participation, Mrs. Sue Young inquired about the progress of the animal control in the County and advised that Cedar Bluff would be charged for dogs picked up in Cedar Bluff.

            Council Member Sprouse advised the County has passed the law, but has not hired an animal control officer at this time.

           

Mrs. Delores Melton inquired about the property on the corner of Highway 9 and Sewell Ferry and suggested if the property is highway commercial the entrance to the property should be off Highway 9.

 

            Mr. Bo Loggins inquired of the Council about the vacation of Broad Street.  Mr. Loggins asked the Council to check on the validity of the street vacate and requested to be notified of the findings. He advised the street was blocked by debris and materials owned by the adjoining property owner Ron Davis.

            Mr. Bill Hawkins, City Attorney suggested the Mayor submit a letter to the adjoining property owner Ron Davis to suggest the movement of materials blocking the road.

 

AGENDA ITEM NO. 16:                    Adjournment

 

            There being no further business to be considered, a motion was made by Council Member Burkhalter, seconded by Council Member Sprouse, that the meeting be adjourned. (5:34 p.m.). Motion carried (5-0).

 

AYE:  Burkhalter, Sprouse, Harp, Pearson, Baker

NAY:  None

 

                                                                        _____MARTHA BAKER_______________

                                                                                                MAYOR

 

(S.E.A.L.)

ATTEST:

 

__DeLANA MARTIN_____________

                TOWN CLERK

 

APPROVED 06/09/08