City Council Minutes for October 19, 2005

Published 12:00 am Tuesday, October 18, 2005

Calera

September 7, 2005

The Mayor and Council of the City of Calera met on September 7, 2005 at Calera City Hall at 6:30 p.m. with the following present:

Mayor Pro-Tem: Bobby Phillips

Council Members: David Bradshaw, Jerry Davis, Ernest Montgomery, Mike Roberson

Absent: Mayor George Roy

Mayor Pro-Tem Phillips called the meeting to order. Council Member Davis made a motion to approve the minutes for August 15, 2005 and dispense with reading of the minutes. Council Member Montgomery seconded said motion which was carried unanimously.

Mayor Pro-Tem Phillips introduced the following Ordinance:

ORDINANCE NO. 2005-45

WHEREAS, the Planning Commission of the City of Calera, Alabama conducted a public hearing on August 2, 2005, and has recommended changes in the City of Calera zoning map, and advises that said zoning is in compliance with the City of Calera Comprehensive Plan, and WHEREAS, the Council of the City of Calera, Alabama has conducted a public hearing after proper legal and actual notice to landowners to consider changes in the zoning map recommended by the Planning Commission.

Council Member Roberson moved that unanimous consent of the Council be given for immediate action upon Ordinance No. 2005-45. Council Member Bradshaw seconded said motion and upon vote, the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Thereupon, the Mayor Pro-Tem declared said motion carried and unanimous consent given for the consideration of said Ordinance.

Council Member Montgomery moved that Ordinance No. 2005-45 be adopted. Council Member Roberson seconded said motion and upon vote, the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Mayor Pro-Tem Phillips declared Ordinance No. 2005-45 adopted.

Mayor Pro-Tem Phillips introduced the following Ordinance:

ORDINANCE NO. 2005-47

WHEREAS, on or about the 15th day of August 2005, Chris & Joanne Richardson filed a petition with the City Clerk of the City of Calera, Alabama as required by 11-42-20 and 11-42-21, Code of Alabama 1975, as amended, petitioning and requesting that the property hereinafter described be annexed to the municipality of the City of Calera, Alabama, which petition contained an accurate description of the property proposed to be annexed together with a map of the said property showing its relationship to the corporate limits of the City of Calera, Alabama, and the signature of the owner of the property described were signed thereto;

Council Member Davis moved that unanimous consent of the Council be given for the immediate action upon said Ordinance. Council Member Montgomery seconded said motion and upon vote the results were:

AYES: Phillips, Bradshaw, Davis Montgomery, Roberson

NAYS: None

The Mayor Pro-Tem declared said motion carried and unanimous consent given.

Council Member Roberson moved that Ordinance No. 2005-47 be adopted, which motion was seconded by Council Member Bradshaw and upon vote the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Mayor Pro-Tem Phillips declared Ordinance No. 2005-47 adopted.

Mayor Pro-Tem Phillips introduced the following Ordinance:

ORDINANCE NO. 2005-48

WHEREAS, Ordinance No. 2005-37 of the Code of Ordinances of the City of Calera, Alabama is hereby amended to read as follows:

An ordinance to establish guidelines for sale of used motor vehicles in unauthorized locations.

Council Member Davis moved that unanimous consent of the Council be given for the immediate action upon said Ordinance. Council Member Bradshaw seconded said motion and upon vote the results were:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

The Mayor Pro-Tem declared said motion carried and unanimous consent given.

Council Member Davis moved that Ordinance No. 2005-48 be adopted, which motion was seconded by Council Member Montgomery and upon vote the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Mayor Pro-Tem Phillips declared Ordinance No. 2005-48 adopted.

Mayor Pro-Tem Phillips introduced the following Resolution:

RESOLUTION NO. R-2005-34

WHEREAS, on February 28, 2003, president Bush issued Homeland Security Presidential Directive Number 5 (HSPD-5), which directs the Homeland Security to develop and administer a National Incident Management System (NIMS); and

WHEREAS, the National Incident Management System represents a core set of doctrine, concepts, principles, terminology, and organizational processes to enable effective, efficient and collaborative incident management at all levels; and

WHEREAS, Homeland Security Presidential Directive Number 5 requires all federal, state, and local departments and agencies to adopt the National Incident Management System and to use it in domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation programs and activities; and

WHEREA, Homeland Security Presidential Directive Number 5 requires adoption of the national Incident Management System by local organizations as a condition for federal preparedness assistance (through grants, contracts, and other activities) beginning FY 2005, now

THEREFORE BE IT RESOLVED, to comply with Homeland Security Presidential directive Number 5, all entities of the City of Calera hereby adopts the concepts and principles as outlined in the National Incident Management System.

Council Member Montgomery moved that Resolution No. R-2005-34 be adopted. Council Member Davis seconded said motion and upon vote, the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Mayor Pro-tem Phillips declared Resolution No. R-2005-34 adopted.

Mayor Pro-tem Phillips introduced the following Resolution:

RESOLUTION NO. R-2005-35

COST OF GAS ADJUSTMENT RATE

WHEREAS, due to the increased cost of gas from the City of Calera’s natural gas supplier, and in order to adjust to the cost of rising inflation, the Mayor and Council find it necessary to change to a COST OF GAS ADJUSTMENT RATE rather than a set rate schedule; and

WHEREAS, gas rates for residential and small commercial customers will be based on the purchase cost of gas plus fifty percent (50%) of said purchase cost plus four percent (4%) state utility tax; and

WHEREAS, said COST OF GAS ADJUSTMENT RATE will be reviewed by the Mayor and Council on a monthly basis and if at any time the cost to purchase natural gas increases or decreases a considerable amount, the Mayor and Council will possibly consider adopting a different COST OF GAS ADJUSTMENT RATE.

WHEREAS, said COST OF GAS ADJUSTMENT will become effective with the October 31, 2005 utility billing cycle.

Council Member Davis moved that Resolution No. R-2005-35 be adopted. Council Member Roberson seconded said motion and upon vote, the results were as follows:

AYES: Phillips, Davis, Montgomery, Roberson

NAYS: Bradshaw

Mayor Pro-tem Phillips declared Resolution No. R-2005-35 adopted.

Mayor Pro-Tem Phillips introduced the following Resolution:

RESOLUTION NO. R-2005-36

RETIREES ACT 2005-316

BE IT RESOLVED, by the Mayor and Council of the City of Calera, Alabama that the City of Calera elects to come under the provisions of Section 6 of Act 316 of the first special session of the 2005 Legislature.

WHEREAS, the city of Calera agrees to provide all funds necessary to the Employees’ Retirement System to cover the cost of the increase as provided for by said Act for those eligible employees retired form the City of Calera with the aforementioned increase being effective with the October 2005 benefit payments.

Council Member Roberson moved that Resolution No. R-2005-36 be adopted. Council Member Davis seconded said motion and upon vote, the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Mayor Pro-Tem Phillips declared Resolution No. R-2005-36 adopted.

Mayor Pro-Tem Phillips introduced the following Resolution:

RESOLUTION NO. R-2005-37

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALERA, ALABAMA

WHEREAS, Section c, Subsection 3 of the Employee’s Sick Leave Bank Policy is hereby amended.

Council Member Davis moved that Resolution No. R-2005-37 be adopted. Council Member Montgomery seconded said motion and upon vote, the results were as follows:

AYES: Phillips, Bradshaw, Davis, Montgomery, Roberson

NAYS: None

Mayor Pro-Tem Phillips declared Resolution No. R-2005-37 adopted.

Council Member Montgomery made a motion to adjourn.

Pelham

September 12, 2005

Date: September 12, 2005

Time: 7 p.m.

Present: Mayor Bobby Hayes, Mr. Mike Dickens, Council President; Ms. Karyl Rice, Council Member; Mr. Willard Payne, Council Member; Ms. Rosemary Metcalf, Council Member; Mr. Robert Sullivan, Council Member.

Council President Mike Dickens called the meeting to order. Robert Sullivan led the invocation.

Mike Dickens asked that the record show all members of the council present.

Rosemary Metcalf moved to waive the oral reading of the August 15, 2005 regular

meeting and August 23, 2005 special meeting minutes and approve as presented. Robert Sullivan seconded the motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

Old Business

Mike Dickens announced that Lanis Robinson withdrew his request to rezone property on Shelby County 33, Ordinance No. 135-169.

New Business

A resolution was introduced complying with Homeland Security Presidential Directive 5 adopting concepts and principles as outlined in the National Incident Management System. Karyl Rice moved to approve the resolution as presented. Rosemary Metcalf seconded the motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

A resolution authorizing the installation of two streetlights for Hayesbury Townhouses was introduced. Willard Payne moved to approve the resolution as presented. Rosemary Metcalf seconded the motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

A resolution approving a cost of living increase for retirees under the Employees’ Retirement System of Alabama was introduced. Rosemary Metcalf moved to a approved the resolution as presented and Karyl Rice seconded the motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

An ABC application and resolution was presented for 050 Retail Beer (Off Premises Only) and 070 Retail Table Wine (Off Premises Only) for applicant, The Pantry, Inc., trade name – Cowboy’s Rood Mart. Rosemary Metcalf moved to approve the application and resolution as presented. Willard Payne seconded to motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

An ABC application and resolution was presented for 050 Retail Bee (Off Premises Only) and 070 Retail Table Wine (Off Premises Only) for applicant Shaina Enterprise Inc., trade name Racetrac. Rosemary Metcalf moved to approve the application and resolution as presented. Karyl Rice seconded the motion. Mike Dickens asked for a vote on the motion; on voice vote the motion passed unanimously.

A resolution authorizing a $4.00 processing fee for credit card transactions in the court system was introduced. Robert Sullivan moved to approve the resolution as presented. Willard Payne seconded the motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

A resolution adopting an access policy for public records was introduced. Karyl Rice moved to approve the resolution as presented, and Willard Payne seconded the motion. Mike Dickens asked for a vote on the motion to approve; on voice vote the motion passed unanimously.

With no other business before the council, Robert Sullivan moved to adjourn. Rosemary Metcalf seconded the motion and all approved. The meeting adjourned at 7:20 p.m.

Vincent

September 6, 2005

The Town Council of the Town of Vincent, Alabama met in regular session on September 6, 2005 at 7:10 P.M. Mayor Terry Allen called the meeting to order and Revival Center Pastor, Tim Tillman opened the meeting with prayer. Present were:

Mayor Terry Allen; Council Member Larry King; Council Member Ernest Kidd; Council Member Johnny Edwards; Council Member Billy Raye Moore; Council Member Mary Lee Reynolds; Town Clerk Becky Landers; Asst. Clerk Geraldine Waldrop.

Mayor Allen declared a quorum present.

The minute of August 18, 2005 were distributed for reading and correction. After discussion, a motion was made by Ernest Kidd and seconded by Johnny

Edwards to approve the minutes as presented. A roll call vote was taken and the vote was an unanimous, &8220;yes&8221;.

The list of bills dated September 6, 2005 was presented for consideration of payment.

A motion to pay the bills as resented was made by Larry King and seconded by Ernest Kidd. A roll call vote was taken and the vote was an unanimous, &8220;yes&8221;.

A proposed resolution from Shelby County Emergency Management Agency regarding Homeland Security was submitted for approval. Resolution #2005-004 was read aloud.

A motion was made by Mary Lee Reynolds and seconded by Larry King to adopt the Resolution. A roll call vote was taken and it was an unanimous, &8220;yes&8221;.

Gary Smith has offered to give the Town $15,000.00 for the old fire station building located next to Smith’s Grocery. A motion was made by Billy Raye Moore and seconded by Larry King to accept this offer. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

A motion was made by Johnny Edwards and seconded by Larry King to pay officers their regular salary for shifts used in the relief effort that are not monetarily compensated by FEMA or other agencies. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

Mayor Allen announced the city received a price quote of $350.00 from Creed Hoyle to construct a glass enclosed bulletin board to post our Town’s business and announcements. A motion was made by Ernest Kidd and seconded by Mary Lee Reynolds to have Mr. Hoyle to this project. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

Mayor Allen stated a need to post someone at the Park Gate on Highway 231 to allow vendors participating in Vincent in the Park on Saturday, Sept. 24. A motion was made by Johnny Edwards and seconded by Ernest Kidd to allow vendors in the gate for this event only. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

There was discussion regarding the offer made by Larry and Ellen Skipper to sell the Town the building next to the Police Department for $75,000. A motion was made by Billy Raye Moore and seconded by Larry Kind not to accept this offer. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

A motion was made by Johnny Edwards and seconded by Larry King to have Mary Lee Reynolds contact the Skippers to renegotiate this offer. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

There were four garbage exemption requests submitted and reviewed by the Sanitation Board. The request submitted by Andy Barber was approved and a motion was made by Johnny Edwards and seconded by Ernest Kidd to grant this request. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

The request submitted by Diane McCain was also approved. A motion was made by Mary Lee Reynolds and seconded by Larry King to approve this request and to waive the charges posted for the meter at her barn for the past two months. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

A request submitted by Terry Green for his business at the Flower Cottage was denied, but the Town would be glad to help him find a dumpster to purchase. A motion was made by Johnny Edwards and seconded by Ernest Kidd to deny this request. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

The Alabama Retired State Employees’ Association (ARSEA) sent a letter to the Town recommending we pass a resolution to grant the authorized Act 2005-316, Cost-of-Living Adjustment (COLA) for our retired employees. The effective date of the increase is October 1, 2005 and the increase is four (4%) of current gross benefit, including all previous increases, paid to retiree or to beneficiary of deceased member or deceased retiree, with a minimum monthly increase of $15.00.

A motion was made by Johnny Edwards and seconded by Ernest Kidd to accept this resolution. A roll call vote was taken:

Larry King, &8220;yes&8221;; Ernest Kidd, &8220;yes&8221;; Johnny Edwards, &8220;yes&8221;; Billy Raye Moore, &8220;yes&8221;; Mary Lee Reynolds, &8220;abstained&8221;; Mayor Allen, &8220;yes&8221;.

The resolution was approved by majority vote.

The police car previously used as a canine car is in need of repair as well as new tires and brakes. A motion was made by Larry King and seconded by Ernest Kidd to spend up to $1,000.00 to make the car roadworthy. A roll call vote was taken and it was a unanimous, &8220;yes&8221;.

A motion to adjourn was made by Johnny

Edwards and seconded by Mary Lee Reynolds. Time: 9:10 P.M.

Harpersville

September 19, 2005

The regular monthly council meeting of Sept. 19, 2005 called to order by Mayor. Opened in prayer by Paul Brooks. Pledge of Allegiance led by Mayor. Roll was called and the following members present, Mayor Perkins and council members William Rayfield, Janet Gill, Deborah Logan, Beverly Johnson, and Shirley Middleton. Mayor declared a quorum present.

Motion made by Janet Gill to approve minutes of previous meeting. Second by William Rayfield. Voted and approved unanimously.

Invoices for town, police and fire dept. presented for payment. Motion made by William Rayfield to approve payment of invoices. Second by Beverly Johnson. Voted and approved unanimously.

Ordinance: Flood damage prevention-authorizes local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. After discussion, motion made by Janet Gill to table and give planning & zoning the opportunity to review this ordinance also. Second by William Rayfield. Voted and approved unanimously.

Computer upgrade programs from city-tech was presented for approval. Motion made by Shirley Middleton to approve upgrade for computers. Second by Beverly Johnson. Voted and approved unanimously.

Mayor informed council of our website hosting. Annual fee will be $240.00 and to reserve domain names will cost $20.00 per year. Motion made by Deborah Logan to reserve a website for the Town of Harpersville. Second by Janet Gill, Voted and approved unanimously.

Terry White, Chairman of the personnel committee presented a policy & procedure manual for the council to review and adopt at a later meeting.

Mayor read letter from Sheriff Chris Curry stating the county will charge for our municipal prisoners to help defray the cost for housing them. No decision made at this meeting.

No further business, William Rayfield made motion to adjourn. Second by Janet Gill