COMMISSION MEETING – FEBRUARY 14, 2005

A regular meeting of the Cullman County Commission was held on Monday, February 14, 2005, at 10:00 a.m., in the Commission Office Conference Room. Present were Chairman Wiley Kitchens, Commissioner Doug Williams, and Commissioner Stanley Yarbrough. Chairman Kitchens called the meeting to order and welcomed the visitors. Attorney, Dan Willingham gave the invocation and Chairman Kitchens led the pledge of allegiance.

APPROVE MINUTES OF JANUARY 25, 2005 MEETING

Commissioner Yarbrough made the motion to approve minutes of the January 25, 2005 meeting as recorded. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

APPROVE APPROPRIATIONS, EXPENDITURES, REQUISITIONS, TRAVEL EXPENSE, ETC.

Commissioner Yarbrough made the motion to approve appropriations, expenditures, requisitions, travel expense, etc. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

APPROVE ALL JOURNAL ENTRIES TO BE POSTED

Commissioner Yarbrough made the motion to approve all journal entries to be posted. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

AUTHORIZE CHAIRMAN TO SIGN AGREEMENT FOR MEMBERSHIP INTO THE PURCHASING ASSOCIATION OF CENTRAL ALABAMA (PACA)

Authorize Chairman to sign agreement for the membership into the Purchasing Association of Central Alabama (PACA). Chairman Kitchens ask the two (2) members from PACA to explain this program to everyone.

Nancy Lee inventory manger for Jefferson County Commission also, Annie Ward one of the principal buyers. Mrs. Lee stated that the Purchasing Association of Central Alabama is a purchasing coop. with well over 100 members, fourteen (14) Boards of Education, two (2) Junior Colleges, Fire Departments, and Volunteer Fire Departments. What we try to do is put out bids for commodities and services that will be beneficial to all of us and get volume prices on those bids. Jefferson County is unique with two (2) Courthouses, two (2) Sheriff Departments, two (2) Jails, a County Home and a County Hospital. So chances are anything you need we already have on bid that you can just piggy back off those bids that you need. If not we would be happy to assist you or if its something you need and other members can also use, we can put the bid out for you.

Chairman Kitchens said our attorney had already looked at this agreement and the consensus of the Commission is that this is a good thing for the County. Chairman Kitchens ask the question if local vendors can bid on these Contracts. Mrs. Lee said all bids are posted on their Web Site so if you have specific vendors that you want to bid on these commodities or services they can go to our web site and download the bid. But I would also encourage them to call and be put on the bid list so they will automatically receive these bids.

The web site for PACA is paca.jcal.org.

Commissioner Williams made the motion to join PACA. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried.

CONSIDER AWARDING BID NO. 789 FOR INMATE UNIFORMS

Gary Teichmiller stated that we received three (3) bids. Brian Bugler has recommended Robinson Textiles as the low bidder with a bid of $7,572.52.

Commissioner Yarbrough made the motion to except the recommended low bidder. Commissioner Williams seconded, and upon a voice vote, the motion carried.

REJECT BID NO. 788 FOR INMATE MATTERESSESS

Gary Teichmiller said when the bids went out the size of the mattresses was a specific size making this a customized mattresses at a higher price.

Tyler Roden, Sheriff said with a few changes in the dimensions the County can save several thousands of dollars.

Commissioner Yarbrough made the motion to rebid. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

AWARD BID FOR THE TELEPNE SYSTEM FOR NEW JAIL

Frank Fagg with CLA said bids were taken February 1, 2005 with nine (9) different bidders on the system.

Base bid system for a voice over IP telephone system, we also took alternate price for a dual technology system that would employ both voice over IP analog functions into one system. We also took bids on the wiring of the facility and the wiring within the facility for the telephone system. Bids were taken on the line charges for the PRI and T1 lines that go between the telephone system here and at the Jail. What we had to do was calculate several of these numbers together to get a total cost to the owner. We had a very wide range of cost we decided low bid would be determined by selecting base bid on the hybrid system with the cost of wiring being applied with the total bid. Low bidder for the project is Southeastern Telephone with a bid price of $54,895.00 that total for wiring and the telephone system.

Included in bid were alternate #2 line charges. Low bidder for the T1 and PRI put together is BellSouth.

Gary Teichmiller stated they had looked at this extensively and recommended to award low bid to Southeastern Telephone and Alternate #2 bid to BellSouth.

Commissioner Williams made the motion to go with the recommended low bidders. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 792 FOR TIME AND ATTENDANCE SYSTEM

Gary Teichmiller stated we received one bid on the time and attendance hand reading recognition system. Low bidder was Corrie Reegan & Associates @ $34, 600.00 and maintenance @ $5,356.00 and as an alternate the County requested payroll interface. One of the things we wanted the system to do was to directly interface with the payroll system. This cost is $5,650.00, they were the only bid and I recommend we award the bid to Corrie-Reegan & Associates.

Chairman Kitchens ask did we want to award the maintenance fee.

Teichmiller said the maintenance fee was for software and updates any maintenance with in the system not necessarily the parts.

Revenue Commissioner Kay D. Smith ask who all is this for and does this effect.

Chairman Kitchens reply was this was going to be for every County Employee through out the entire county.

Tyler Roden, Sheriff ask the question – that his employees started their work day from the time they left home. How are we going to do this?

Chairman Kitchens said they had asked the same question because the Sheriff Department is going to be unique. There is a way dispatch will be able to punch their time in for them. The software was explained how this could be done.

County Engineer Philip Widner ask would this do away with time sheets that are being used currently.

Teichmiller stated when it’s interfaced with the payroll system it would do away with the time sheets.

Chairman Kitchens said they were two types of machines one (1) large machine that would carry up to 500 employees and a second machine that we can put into different departments. Mr. Teichmiller said the bid price may go up or down depending upon which machine the county goes with.

Commissioner Yarbrough made the motion to except the low bid from Corrie - Reegan. Commissioner William seconded and upon a voice vote, the motion carried.

TAX LEVY FOR 2005

Kay D. Smith said each February the County Commission has to go and recertify – no increase just what’s on the books now. All you’re doing is recertifying exactly the same thing we have had for 20 plus years since 1979. Its 23 mills for the county.

Commissioner Williams made the motion to certify the Tax Levy. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

PROPOSED WATER RATE INCREASE

Mr. David Bussman with the Cullman County Water Department stated the City of Cullman announced they were raising their residential water rates 5% across the board. Cullman County receives their water rate increase from the City usually in March every year and I estimate that to be .10 cents on every 1000 gallons. Our cost of water has increased $250,000.00 a year and we have to go into our reserves to pay for this. As you all are aware insurance has increased at least 95% since 2001. Employee benefits have increased 27.81% so those are just two (2) items not to mention gas increase. What I propose to you is a 5% rate increase across the board, except for wholesale water that will affect Johnson Crossing and Garden City. I am proposing 10% increase in this area. I propose a service fee of $40.00 for owners and a $75.00 service fee for renters. By the time renters get their second bill that’s when we start turning off for non payment. Because we bill a month behind in billing to begin with we have a lot of renters that will not pay and we’re stuck with the money. So we’re trying to get the money up front before they move. The biggest adjustment is the $1,000.00 per lot developer connection fee. The developers are beginning to develop heavily in the Smith Lake area and we require them to install a 6” line for fire protection. So we have to increase our lines so they can have this protection. Really we’re taking away from a lot of our other customers by doing this for these developers when we could be in other areas helping the majority of our customers. So I’m proposing a $1000.00 per lot fee on developers.

Gary Teichmiller, County Administrator asks was this type fees know as an impact fee.

Chairman Kitchens stated the one that’s going to pay the price anyway is the customer. When they purchase a lot that $1,000.00 fee will be included in the lot.

Commissioner Yarbrough asks the question if the county was going to do another rate increase in March.

Mr. Bussman stated that years ago they passed a Resolution to increase rates yearly so I propose that we do a rate increase every September to adjust by the city’s rate plus what ever our raising cost have gone too. It would be easier for our customers to adjust to a 1% rather that a 5% rate increase.

Chairman Kitchen said actually the county is paying this increase anyway. We are like everyone else we have to decide how the county can off set the cost.

Revenue Commissioner Kay D. Smith asks what the service connection fees are now.

Mr. Bussman replied both are $30.00 right now. We would like to increase it to $40.00 for owners and $75.00 for renters.

Commissioner Yarbrough made the motion to accept the water rate increase and other adjustments. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

INDUSTRIAL BOARD APPOINTMENT

Chairman Kitchens said this is and Industrial Board Appointment and this will be my appointment.

Chairman Kitchens read a letter from Mr. Faulk, Chairman of the Industrial Development Board stating that Keith Jackson a current board member has moved out of Cullman County. My understanding this automatically removes him from the board. So we ask the Commission to make an appointment to fulfill Mr. Jackson’s term. Chairman Kitchens said he had spoken with Mr. Jim Grier and Mr. Grier has let it be known it’s his desire to serve on this board.

Chairman Kitchens made the motion to place Mr. Grier on the Industrial Development Board. Commissioner Williams Seconded, and upon a voice vote, the motion carried unanimously.

RESOLUTION NO. 2005-22 – AGREEMENT WITH THE CHILD ADVOCACY CENTER

Sheriff Roden stated this is basically an agreement that the Sheriff’s Office has with the Child Advocacy Center. It will bring one of their existing employee’s over to the Sheriff’s Department. That will transfer some of the funding that they have for this employee’s salary over to the county. It will basically give us an extra sworn person to help us not only work child abuse cases but any case where a child is a victim or a witness in any other criminal case. The details of the salary are listed in the Resolution. We think by doing this it will strengthen our ability and the Child Advocacy Center’s ability to provide services to children who are victims of crime.

Commissioner Williams made the motion to accept the Resolution. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER APPROVAL OF FINAL PLAT FOR BLUEWATER ESTATES AND ACCEPTANCE OF COUNTY ROADS 890, 891, 896 AND 898 LOCATED IN DISTRICT 2 OFF COUNTY ROAD 870.

County Engineer Philip Wider stated this was a development by Edge Water Land Inc. in the Sulphur Springs area. If you will recall back in August we established a variance design speed per the Developers request. We reduced it from a 30 MPH minimum requirement to a 20 MPH. The company now has this development complete the roads has been constructed and appears to be in compliance. I recommend we grant approval for this final plat with the understanding the Developer will be responsible for road maintenance for one (1) year as per our regulations. Commissioner Yarbrough made the motion to accept Final Plat. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER EXTENDING BID NO. 770 COMPUTERS WITH SHEA PC COMPANY

Lori Beckhart stated she has worked with Shea PC Company for over a year. We have an existing bid, we usually bid our PC for 120 days and this bid ran out February 11, 2005. Due to time limitations I request the county to extend this PC bid for four (4) weeks.

Commissioner Yarbrough made the motion to extend Bid No. 770 for four (4) weeks. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 790 METAL PIPE

Philip Widner, County Engineer stated this bid was canceled several weeks ago due to the service of the vendor. We rebid this with a percentage off with the largest percentage being awarded. We received two (2) bids. We do have a 3% option for local vendors. Exercising the 3% option I recommend awarding to Bear Concrete Pipe.

Commissioner Williams made the motion to award Bid No. 790 metal pipe to Bear Concrete. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 791 PAVING

Philip Widner, County Engineer stated this is a new bid. We have a very aggressive paving season planned for this year and we felt like we needed to contract out some of the labor. What this bid consist of, is our tar and gravel what we call chip seal. We bid this two ways with Option 1, where the Contractor will haul all the material to the site (rock and asphalt). Purchased thru the county bid. Option 2 bid price will be for the county will haul the material to the paving site.

Charles E. Watts Inc. of Gadsden submitted the only bid. He submitted a bid of .2025 for Option 1 and .1625 for Option 2. The way I set this bid up it will be an annual bid by awarding the bid the county isn’t saying their going to do any paving with this contract we just have the option.

Commissioner Williams ask if he felt like this was a good price. Mr. Widner stated he felt like it was an excellent price. There’s 11,750 sq. yds. in a mile and each layer will cost about $1900.00 per mile for paving.

Commissioner Yarbrough made the motion to except Bid No. 791 for paving. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER DECLARING ONE 1988 CHEVROLET PICKUP FROM THE ANIMAL SHELTER AS SURPLUS

Chairman Kitchens stated the Animal Shelter would like to consider declaring one 1988 Chevrolet as Surplus.

Commissioner Williams made the motion to declare the vehicle as surplus. Commissioner Yarbrough seconded, and upon a voice vote the motion carried unanimously.

CONSIDER DECLARING VARIOUS OFFICE EQUIPMENT FROM ANIMAL SHELTER AS SURPLUS

Chairman Kitchens stated the Animal Shelter would like to consider declaring various office equipment as Surplus.

Commissioner Williams made the motion to declare the office equipment as surplus. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

NEXT REGULAR COMMISSION MEETING FEBRUARY 28, 2005, 10:00 A.M.

Chairman Kitchens announced the next regular Commission Meeting would be February 28, 2005 at 10:00 a.m. in the Commission Office Conference Room.

PUBLIC COMMENTS

Mr. James Rhodes stated he had several questions and a statement concerning the “Home Rule”.

Mr. Rhodes stated there’s going to be a public hearing Wednesday, February 16, 2005 at 9:00 a.m. in Montgomery pertaining to the “Home Rule” and he would be present to oppose this bill. He urged the County Officials and citizens to call their Legislators and voice their opinion.

Maria Crumb stated that our founding fathers set-up “Home Rule” where the people ruled. The elected officials that are elected would do what the people wanted. The bills that are going down in Montgomery is trying to take the power away from the people and what they call “Home Rule” is not what our Founding Fathers set up to be “Home Rule”.

ADJOURN

Upon a duly made and carried, the meeting was adjourned.

______________________________ ______________________________ ____________________________

Wiley Kitchens, Chairman Doug Williams, Commissioner Stanley Yarbrough, Commissioner