Wilton

December 1, 2005

The regular meeting of the council of the Town of Wilton, Alabama convened at 7:00 P.M. on the 1st day of December 2005 at the Municipal Annex Building.

After prayer, the roll was called and the following answered the call,

Present: Joe H. Fancher, Mayor; Christi D. Callahan; Carol Wisor; Deborah HudsonAbsent: Carolinea Selman

A resolution was read that would designate the Shelby County Humane Society as Animal Control Officer for the Town of Wilton. Mayor Fancher made motion to accept the resolution.Councilor Hudson Seconded.

The motion passed as follows:

AYE: Joe H. Fancher, Mayor; Christi D. Callahan; Carol Wisor; Deborah Hudson

NAYE: None

Mayor Fancher proposed that the quotes received for the Utility Building to house equipment were much more than the town needed to spend at this time and proposed that it should be considered to build a smaller shed type building.

After discussion, Councilor Hudson made the motion to go forward with plans for the smaller building.

Mayor Fancher seconded.

The motion passed as follows:

AYE: Joe H. Fancher, Mayor; Christi D. Callahan; Carol Wisor; Deborah Hudson

Mayor Fancher reported that Mr. Tucker would be back after Thanksgiving to get to work on the grant.

NAYE: None

It was proposed that the town approve a contract with the Shelby County Sheriff&8217;s Dept. to house prisoners in lieu of using the Montevallo City Jail, pending them hiring a new police chief.

Councilor Wisor made the motion to accept the contract mayor Fancher seconded.

AYE: Joe H. Fancher, Mayor; Christi D. Callahan; Carol Wisor; Deborah Hudson

NAYE:

Councilor Wisor made the motion to pay November bills, Councilor Hudson seconded and the motion passed as follows:

AYE: Joe H. Fancher, Mayor; Christi D. Callahan; Carol Wisor; Deborah Hudson

NAYE: None

Mayor Fancher made the motion to adjourn with Councilor Wisor seconding and the motion passed as follows:

AYE: Joe H. Fancher, Mayor; Christi D. Callahan; Carol Wisor; Deborah Hudson

NAYE: None

Westover

December 20, 2005

The regular meeting of the Mayor and Council of the Town of Westover, Alabama is held in the Town of Westover, Town Hall in Westover, Alabama at 7:00 p.m. on December 20, 2005, at the regular place for such regular sessions.

Upon roll call, the Mayor declares a Quorum present and the regular session open for transaction of business.

In attendance are:

Councilmembers Ed Bahr, Jeanne Champion Fisch, Larry Riggins, Susan Strickland, Annette Tyler, and Mayor Mark McLaughlin

ABSENT:

None

Invocation:

Councilmember Tyler with Mayor McLaughlin leading the Pledge of Allegiance

COMMUNICATIONS

Mayor McLaughlin reads the council&8217;s disclaimer:

The Town Council of Westover thanks you for attending tonight&8217;s meeting and would like to remind everyone the following:

Anyone desiring to be on the agenda will notify the Mayor no later than ten business days prior to the following scheduled meeting.

All guests are limited to three minutes unless extended by a majority of the Council.

All guest speakers will speak only to the subject scheduled on the agenda.

Any questions or clarifications will be addressed to the Mayor and the ruling of the Mayor will be final.

Again, thank you for attending and your understanding, patience and cooperation.

We look forward to a productive meeting.

The Mayor announces the following:

Work is continuing on the park.

Remember the library in town and get your library card.

Use the website to obtain information about events.

Use voicemail with option #3 to obtain information about upcoming meetings and announcements.

Alagasco is installing a yellow gas line in town.

Several annexation petitions will be heard later in the meeting.

Annexation interest is growing.

The Public Safety Committee will present information later concerning the FEMA letter about flood plains.

Letter from Shelby County EMA concerning a workshop to provide information on grants for weather sirens and other public assistance programs.

A member from the council or other town representative should attend this meeting.

This information given to Public Safety Committee for review.

The Westover Christmas Parade was Saturday, December 10, 2005 at 10 a.m. and the mayor reads a list of entrants.

MINUTES OF PREVIOUS MEETING

The Mayor presents the minutes from the December 6, 2005, regular meeting.

Councilmember Bahr moves to accept minutes as presented, and Councilmember Tyler seconds motion.

No discussion .The vote is taken and Mayor McLaughlin declares motion passing with unanimous vote.

The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Strickland, Tyler, and McLaughlin

NAYS:

None

ABSENT:

None

FINANCE REPORT – Clerk Jones- presents the Finance Report thru December 15, 2005 for the council.

Clerk Jones states that due to the collection of information and reporting accurate information. All financial reports will be given at the second meeting of the month using the last day of the previous month as the closing date of the report.

Councilmember Riggins moves to accept the finance report as presented, and Councilmember Bahr seconds motion.

No discussion .The vote is taken and Mayor McLaughlin declares motion passing with unanimous vote.

The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Strickland, Tyler, and McLaughlin

NAYS:

None

ABSENT:

None

Old Business:

Clerk Jones reads at length the proposed agreement between the town and the Kelley&8217;s to annex the Kelley property on hwy 280.

Motion and second given at last meeting.

Mayor McLaughlin reads points in the Westover Zoning Package Book to warrant this agreement.

At this time a roll call vote is taken to approve the agreement between the Kelley Family and the Town of Westover for annexation of property and providing water along U.S. 280.

The vote is as follows:

The motion passes with a majority vote and is recorded below.

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Motion to install handrail from the lowest bidder for an entrance ramp to town hall held over from December 6, 2005 meeting.

Lowest bidder being Weldon Welding, located in Sterrett, Alabama.

At this time a roll call vote is taken to approve the installation of the handrail and capping the cost of the project at $3,400.00.

The vote is as follows:

The motion passes with a majority vote and is recorded below.

YEAS:

Bahr, Champion Fisch, Riggins, Strickland, Tyler, and Mayor McLaughlin

NAYS:

None

ABSENT:

None

The mayor presents the motion for a $100.00 petty cash fund for the Westover Library to use to purchase miscellaneous items to be used for Story Time or the Senior&8217;s Program.

Being the motion was introduced and a second at the previous meeting, the motion is put to vote.

The vote is as follows:

The motion passes with a majority vote and is recorded below.

YEAS:

Bahr, Champion Fisch, Riggins, Strickland, Tyler, and Mayor McLaughlin

NAYS:

None

ABSENT:

None

READING OF PETITIONS, APPLICATIONS, COMPLAINTS, APPEALS, COMMUNICATIONS, ETC.

Ms. Carole Robbins speaks briefly concerning the Owen&8217;s House, Children&8217;s Advocacy Center in Columbiana a non-profit organization that helps sexually abused children.

Since the DECCA grants have been reduced in recent years funding is needed from other sources.

A public hearing for a planned unit development for Chappell Subdivision is held.

Mr. Chappell is seeking a PUD overlay for his subdivision.

Being no public comment and no council comments Councilmember Riggins moves to draft ordinance to address the PUD.

A second is given by Councilmember Tyler.

A vote is taken to approve motion, and then motion passes with an unanimous voice vote.

RESOLUTIONS, ORDINANCES, ORDERS, AND OTHER BUSINESS

ORDINANCE

Mayor McLaughlin presents the following ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-071 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing with a unanimous decision. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-072 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-073 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-074 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-075 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-076 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-077 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-078 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property into the municipal limits of Westover, Alabama.

Ordinance 2005-12-06-079 is read into the minutes by clerk Jones.

Being no discussion the mayor asks for a roll call vote.

After a roll call vote, the mayor announces the legislation passing. The vote is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Mayor McLaughlin presents an ordinance for annexation of property owned by John E. and Martha Shelton into the municipal limits of Westover, Alabama.

Ordinance 2005-12-20-080 is read into the minutes by clerk Jones.

Councilmember Riggins moves to suspend the rules to vote on annexation of property and a second by Councilmember Bahr.

A roll call vote is taken to suspend the rules and the vote is as follows.

YEAS:

Bahr, Champion Fisch, Riggins, Tyler, and Mayor McLaughlin

NAYS:

Strickland

ABSENT:

None

Being vote did not pass by unanimous vote; ordinance will be considered a next meeting.

Vote to adjourn is as follows:

YEAS:

Bahr, Champion Fisch, Riggins, Strickland, Tyler, and Mayor McLaughlin

NAYS:

None

ABSENT:

None

Montevallo

December 12, 2005

Attendees:

Greg Pendleton, Hollie Cost, Dana Byrd, Sharon Anderson, Becky Cox, Willie Goldsmith.

New Business

Acting Public Safety Director Tom Smitherman read the attached resignation letter from Steve Southerland.

Council Member Goldsmith made a motion to accept the resignation letter.

Council Member Cost seconded.

All Ayes Motion Passed.

City Clerk, Carey Thompson, informed the council that the city had received exercise equipment.

The equipment was donated from The Cathedral of the Cross Voice of Praise Church.

A committee was appointed by Mayor Anderson to determine the best use of the equipment.

The committee consists of Hollie Cost, Kirk Hamby, Steve Holt, Mark Allred, and Chris Nix.

She asked Carey Thompson to attend their meetings and record minutes and assist the committee.

She asked that the committee try to meet before the holiday.

Sharon Anderson informed the council of the consideration of the American Community Survey.

This survey will replace the current census by year 2010.

For small communities such as ours the change would not take place until at least 2010.

This was for informational purposes only and no decision was required.

Old Business

City Clerk Carey Thompson gave an update from the work sessions with the various board members, see attached. Council Member Cox asked that we compile the information that we have received and hold public meetings. Council Member Pendleton commented that the Water & Sewer Board has filed the necessary paperwork asking for permits to increase capacity. Water & Sewer Chairman Claude Elledge informed the council that he had no further update and that there was a delegation going to Washington DC in February. Doug Rogers asked the purpose of the trip. Mr. Elledge informed him that the purpose was to seek funding to upgrade our current facilities.

Council Member Cox made a motion to continue the moratorium on growth for an additional 120 days.

Council Member Cost seconded.

There was further discussion before the vote.

Council Member Byrd made a motion re-appointing Pat Kelly to the American Village Board.

The Planning & Zoning Board will meet on December 15 and would like to discuss a recommendation.

Jane McClanahan has resigned from the Arbor and Beautification Board.

Council Member Byrd announced that the Board would like for the council to suspend the rules and nominate Kathy Weese.

Council Member Cost seconded the motion for the nomination.

Council Member Pendleton made a motion to suspend the rules.

Council Member Cox seconded the motion.

All Ayes motion to suspend the rules passes.

All ayes motion to appoint Kathy Weese to the Arbor and Beautification Board passes.

Council Member Cox made a motion to amend the Business Licensee Fees, as recommended by the Revenue Officer and Finance Chairman.

Council Member Byrd seconded.

Council Member Byrd made a motion to suspend the rules in order for the changes to take effect January 1, 2006.

Council Member Cost seconded the motion.

All Ayes motion to suspend the rules passed.

Motion to approve the change in the Business License Fees, All Ayes Motion Passed.

Council Member Pendleton mentioned an inspection of the fuel tanks by ADEM.

The city is looking into other options regarding its fuel consumption and storage.

This was information only and required no action.

Council Member Byrd made a motion to adjourn.

Council Member Goldsmith seconded.

Meeting adjourned at 8:20 p.m.

December 22, 2005

Special Called City Council Meeting

Attendees:

Greg Pendleton, Hollie Cost, Dana Byrd, Sharon Anderson, Becky Cox, Willie Goldsmith.

Council Member Goldsmith made a motion to rescind the change order for the Highway 119 Sewer Extension, to accept the new specifications for the project and to approve advertising for bids.

Council Member Cox seconded.

Councilmember Byrd- AyeCouncilmember Goldsmith- Aye

Councilmember Cost- AyeCouncilmember Pendleton- Aye

Councilmember Cox- AyeMotion passed.

Council Member Goldsmith made a motion to declare todays meeting a regular meeting in place of the regular meeting that would be held on December 26, 2005.

Council member Byrd seconded.

Councilmember Byrd- AyeCouncilmember Goldsmith- Aye

Councilmember Cost- AyeCouncilmember Pendleton- Aye

Councilmember Cox- AyeMotion passed.

Council Member Goldsmith made a motion to adjourn the meeting at 12:20 p.m. Council Member Byrd seconded.

January 4, 2006

Special Called City Council Meeting

Attendees: Mayor Sharon Anderson, Dana Byrd, Hollie Cost, Beck Cox, Willie Goldsmith and Greg Pendleton

Mayor Sharon Anderson opened the meeting stating that the meeting was called in response to a request made by Hardy Cook for the City Council to hold a hearing with regards to pending disciplinary action.

Mayor Anderson introduced Attorney Butch Ellis, his assistant Bill Justice and Tom Smitherman.

Mr. Ellis and Mr. Justice have been retained by the City to advise the Mayor and City Council on the matter of the current investigation being conducted by Mr. Smitherman.

Mr. Ellis advised that he was hired by the City to advise on the procedures of the Pre-disciplinary Hearing requested by Hardy Cook.

The provisions for this are laid out in the Code of Alabama 11-43-230 as well as the Montevallo Code.

Mr. Ellis advised the City Council that they would be acting in a quasi-judicial capacity during the proceedings instead of a legislative capacity.

Mr. Ellis explained that during this matter of due process the law does allow them to elect to go into executive session.

At 7:15 p.m. Council Member Byrd made a motion calling the Mayor, members of the City Council, Hardy Cook, Butch Ellis, Bill Justice and Tom Smitherman to enter into Executive Session in the City Council Chamber at City Hall to consider the pending disciplinary action against Mr. Hardy Cook.

All others in the City Council Chamber were asked to leave the building and 2 uniformed police officers (Officer Mark Allred and Officer Steve Holt) were stationed at the door to the Council Chambers.

Council Member Goldsmith seconded.

No Discussion.

Mayor Anderson called the vote.

Councilmember Byrd- Aye

Councilmember Goldsmith- Aye

Councilmember Cost- Aye

Councilmember Pendleton- Aye

Councilmember Cox- Aye

Motion passed.

At 8:38 p.m.

the public was invited back in to the chambers.

Council Member Byrd made a motion to accept Tom Smitherman&8217;s recommendation to terminate the employment of Hardy Cook with the City of Montevallo.

Council Member Goldsmith seconded.

No Discussion.

Mayor Anderson called for the vote.

Councilmember Byrd- Aye

Councilmember Goldsmith- Aye

Councilmember Cost- Aye

Councilmember Pendleton- Aye

Councilmember Cox- Aye

Motion passed.

Council Member Goldsmith made a motion to adjourn the meeting at 8:40 p.m. Council Member Byrd seconded