COMMISSION MEETING – June 13, 2005

A regular meeting of the Cullman County Commission was held on Monday, June 13, 2005, at 10:00 a.m., in the County 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 MAY 23, 2005 MEETING

Commissioner Yarbrough made the motion to approve minutes of the May 23, 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.

CARTS PUBLIC HEARING

Randall Shedd, Director of Commission on Aging stated its been advertised as required to have a Public Hearing to hear from the public regarding the public transportation system in Cullman County. CARTS is a program that takes a lot of people to be a success. Director of Operation is Mr. James Graves and Ms. Joyce Echols handles the paperwork and bookwork for CARTS. Mr. Shedd thanked the County Commission for their support for the CARTS program. Mr. Shedd stated the Commission provides the local matching funds for Federal Grants and additional appropriations for CARTS operations. CARTS appreciates the assistance of our Congressional Delegation Congressmen Robert Aderholt, Senator Jeff Sessions and Senator Richard Shelby thru the Federal Transportation Administration. We receive appropriations thru ALDOT also, assistance from Gov. Riley and our local delegation Senator Zeb Little, Rep. Jeremy Oden, Rep. Neal Morrison and Rep. Ronald Grantland we appreciate all their assistance and support. We especially appreciate the support of all our employees and their dedication to their job. As far as this coming year CARTS plan is to continue operations as we have in the past, which is “service on demand”. We do not propose any increases in fares except with contract services which would be at a cost recovery rate. CARTS hopes to purchase four (4) of the maximum buses, depending upon our revenue which would be at 80 or 83 percent federally funded. A new CARTS facility is underway thanks to the Commission and Congressman Aderholt, Shelby and Sessions. About 90 percent of our passengers on the CARTS buses are Senior Citizens or Citizens with disabilities, but is available for anyone in Cullman County. We appreciate your support and if anyone has questions, we will be glad to answer them.

AUTHORIZE CHAIRMAN TO SIGN CITY-COUNTY JAIL AGREEMENT

Chairman Kitchens stated Attorney Dan Willingham has read the agreement and gave his approval.

Commissioner Williams made the motion to authorize the Chairman to sign City-County Jail Agreement. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER APPROVING CULLMAN COUNTY’S TECHNOLOGY USE POLICY

Laurie Beckhart with Data Processing stated this policy is necessary to insure the integrity in the security of the data on our network and all the data produced from our electronic media owned by Cullman County. Every county employee will have to agree and sign this policy.

Commissioner Yarbrough made the motion to approve the technology use policy. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER APPROVAL FOR SKID CAR TRAINING – SARA NAIL

Sara Nail with Cullman Rescue Squad stated in regards to Skid Car Training the Rescue Squad is not covered thru the ACCA. If the Commission approves the training the Rescue Squad would be covered under the County Commission because they perform services for the county. The Commission will be out no money it’s 100 percent reimbursable thru the ACCA. Skid Car Training basically simulates driving conditions at 60 MPH in various conditions in a controlled situation while driving at 6 MPH.

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

CONSIDER APPROVAL OF BY-LAWS FOR THE INDUSTRIAL DEVELOPMENT BOARD

Sammie Danford, Director with the County Industrial Development Board stated this is the By-Laws for the ID Board. The original By-Laws for the Board can’t be located. The ID Board has adopted these By-Laws last month, drafted by the boards Attorney Roy Williams. The board feels like these By-Laws are similar to the original ones. These copies are for the Commission to have on file.

CONSIDER APPROVAL OF CONTRACT FOR SERVICES – VICTIM SERVICES

Debra Tucker director of Victim Services (Harbor Haus) state this contract is too renew the annual contract with the county to provide service to victims of domestic violence and sexual assault. Last year Victim Services housed 123 women and 73 children. County’s contract services are in the amount of $7500.00.

Commissioner Williams made the motion to approve contract for Victim Services. Commissioner Yarbrough seconded, and upon a voice vote, the motion passed unanimously.

INSOLVENTS, ERRORS, TAXES IN LITIGATION – REVENUE COMMISSIONER’S OFFICE

Marguerite Davis from the Revenue Commissioner’s Office said this is an annual routine item which the chairman has to sign and they will take it to Montgomery. Mrs. Davis state this year there were no insolvents.

Commissioner Yarbrough made the motion to approve insolvents, errors and taxes in litigation. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CLOSE CHECK #26675 TO AUBURN UNIVERSITY DATED 6/20/03 IN THE AMOUNT OF $180.00

Gary Teichmiller stated this is an outstanding check back in 2003 to Auburn University. The auditor’s advice was to close out check #26675. Commissioner Yarbrough made the motion to close the check. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER APPROVAL OF NAME CHANGE FROM LITTLE DAN SUBDIVISION TO CLEAR WATER COVES SUBDIVISION

Philip Widner, County Engineer stated in January of this year the Commission had approved a preliminary plat for Little Dam Subdivision. The developers are requesting to change the name from Little Dam Subdivision to Clear Water Coves Subdivision.

Commissioner Yarbrough made the motion to change the name of the subdivision. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER APPROVAL OF FINAL PLAT FOR CLEAR WATER COVES SUBDIVISION SUBJECT TO $300,000.00 SURETY

Mr. Widner stated St. John and Associates has submitted a surety bond in the amount of $300,000.00 to cover base and paving. Since the bond has been submitted the base has been completed. Everything is according to specs and guidelines. We recommend final acceptance of Clear Water Coves Subdivision subject to the surety bond. Also, the owners will continue to responsible for maintenance for the next twelve months after the bond is released.

Commissioner Yarbrough made the motion for approval of the final plat. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER GRANTING A DESIGN SPEED VARIANCE FOR BLUEWATER ESTATES, PHASE III

Mr. Wider stated due to the existing terrain of the land. It will be impossible for the developer Larry Harris to meet the county guidelines for design speed. Mr. Harris is requesting a design speed variance be granted for 20 MPH for Phase III. It’s my recommendation to the Commission to grant the speed variance.

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

CONSIDER AWARDING BID NO. 809 GAS AND DIESEL FUEL THROUGH AN AUTOMATED CARD ACCESS FUEL SYSTEM

Mr. Teichmiller stated this is a bid for gasoline and on road diesel for the automated card fuel system. We received one (1) bid from Morgan Oil Co. I recommend we award to Morgan Oil.

Commission Williams made the motion to award Bid No. 809 to Morgan Oil Co. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 810 COLD LAID PLANT MIX

Mr. Widner stated this bid was rebid from about a month ago. We received one (1) bid for Shelby Contracting Co. with a bid price of $43.63 per ton.

Commissioner Williams made the motion to award Bid No. 810 to Shelby Contracting. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 812 SERVICE FOR CARTS VEHICLES

Mr. James Graves with CARTS stated only one (1) bid was received from Skill Lube. They have had the bid the past several years and do a good job.

Commissioner Yarbrough made the motion to award Bid No. 812 to Skill Lube. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 813 GASOLINE AND DIESEL FUEL

Mr. Widner stated this bid is for six (6) months. The road department, water department and sanitation all purchase from this bid. We received two (2) bids for on-road diesel and unleaded gasoline. Eidson Petroleum was the low bidder so it’s my recommendation to award the bid to Eidson Petroleum.

Commissioner Williams made the motion to award Bid No. 813 to Eidson Petroleum. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

CONSIDER AWARDING BID NO. 814 OFF ROAD DIESEL FOR MOBILE FUEL TRUCK

Mr. Widner stated this is where the County fuel truck will go and load with diesel to take out too various equipment. This is also a six (6) month bid and we received only one (1) bid from B & B. So I recommend awarding the contract to B&B.

Commissioner Yarbrough made the motion to award Bid NO. 814 to B&B. Commissioner Williams seconded, and upon a voice vote, the motion carried unanimously.

ANIMAL CONTROL – DEAD ANIMALS

Chairman Kitchens stated the county has a problem with who picks up dead animals on county roadways. It will be the responsibility of the Animal Shelter to pick up the animals and if it’s a large animal the road department will help with the pickup and disposal of the animal.

Commissioner Williams made the motion for Animal Shelter to respond to any animal call. Commissioner Yarbrough seconded, and upon a voice vote, the motion carried unanimously.

NEXT REGULAR COMMISSION MEETING JUNE 27, 2005

Chairman Kitchens announced the next regular Commission Meeting will be June 27, 2005 at 10:00 a.m. in the Commission Office Conference Room.

PUBLIC COMMENTS

Mrs. Doris Smith – addressed the Commission why the county can’t spray for mosquitoes.

It is the consents of the Commission the county does not have the funds to spray.

Chairman Kitchen - announced at 12:00 Tuesday here at the courthouse the Army will be celebrating its birthday with cake here and everyone is invited to attend.

ADJOURN

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

______________________________ ______________________________ ____________________________

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