CULLMAN COUNTY COMMISSION MEETING
April 28, 2009
CALL TO ORDER AND WELCOME
Chairman James Graves called the Commission Meeting to order at 10:02 a.m. and welcomed the visitors.
CALL OF ROLL TO ESTABLISH QUORUM, INVOCATION AND PLEDGE OF ALLEGIANCE
Charlotte Slatton, County Clerk, called the roll; present were Chairman James Graves, Commissioner Wayne Willingham, Commissioner Doug Williams and County Attorney Dan Willingham. The invocation was given by Dan Willingham and Commissioner Wayne Willingham led the Pledge of Allegiance.
APPROVE MINUTES OF THE APRIL 14, 2009 MINUTES, APPROVE APPROPRIATIONS, EXPENDITURES, REQUISITIONS, TRAVEL EXPENSES; AND APPROVE ALL JOURNAL ENTRIES TO BE POSTED.
Commissioner Wayne Willingham made the motion to approve the April 14, 2009 minutes, approve appropriations, expenditures, requisitions, travel expenses and approve all journal entries to be posted. Commissioner Doug Williams made a second to the motion and upon a voice vote, the motion carried unanimously.
PUBLIC COMMENTS
Phyllis Little, Director of EMA, updated the Commission on the swine influenza outbreak. She read a letter dated April 27, 2009 from Dr. Donald Williamson, State Health Officer, describing the current status of the flu and the Centers for Disease Control and Prevention (CDC) guidelines regarding monitoring and protective measures. She encouraged the Commission to review the Continuity of Operations Plan (COOP) with each department.
Sherry Davis from the Revenue Commissioner’s Office presented an additional petition of voters opposed to the purchase of the Cullman Saving Bank building.
NEW BUSINESS
Discussion of County’s policy on Sick Leave and Family Medical Leave Act (FMLA)
Dan Willingham, County Attorney, stated the County’s Employee Handbook has a defined policy for sick leave and family medical leave. He stated the handbook defines how sick leave is earned and the limits on how it can be used. The FMLA is a federal act that is also addressed in the handbook. The FMLA comes into effect when sick leave has been exhausted. An additional 12 weeks of leave without pay can be taken due to sickness of the employee or a family member as provided by the statues under FMLA. Mr. Willingham feels there is a thorough and comprehensive policy in place and any problems that have occurred are a result of policies already in place not being adhered to.
Chairman Graves stated the Employee Handbook is currently being updated. Upon completion and review of the new handbook, the Personnel Department will conduct training with each department supervisor to familiarize them with current county policies.
Attorney Willingham read an amendment to the handbook dated September 1993 which states, “No sick leave shall be granted for less than one hour of leave and any sick leave taken shall be in increments of complete hours.”
Consider approving an agreement between the County, VAW and the Cullman County Board of Education for water project at Harmony School
Chairman Graves stated that the agreement between the County, VAW and the Board of Education is for the installation of a 12” waterline to be run from the VAW water tank at Jones Chapel to Harmony School to elevate the problem of low water pressure at the school. The three entities have agreed to enter a partnership, with VAW paying the first $200,000 and Cullman County and the School Board each paying one-half of the remaining balance. Chairman Graves recommended the proposed agreement be amended to include that each partner place the money in escrow before the project begins in order to insure adequate funding is available.
Commissioner Doug Williams made a motion to authorize the Chairman to sign the agreement for the water project after the amendment stipulating that payments will be put in escrow by each party before construction begins. Commissioner Willingham seconded, and upon a voice, the motion passed unanimously.
Resolution 2009-21 – Set the speed limit on County Road 256 at 15 MPH
Fred Penn, County Engineer, stated County Road 256 is a narrow, curved, gravel road and recommended setting the speed limit at 15 MPH. Commission Willingham made a motion to set the speed limit on County Road 256 at 15 MPH. Commissioner Williams seconded, and upon a voice vote, the motion passed unanimously.
Resolution 2009-22 – Set the speed limit on County Road 228 at 15 MPH
Fred Penn, County Engineer, stated County Road 228 is a narrow gravel road and recommended setting the speed limit at 15 MPH. Commission Willingham made a motion to set the speed limit on County Road 228 at 15 MPH. Commissioner Williams seconded, and upon a voice vote, the motion passed unanimously.
Resolution 2009-23 – National County Government Week May 3-9, 2009
Chairman Grave stated National County Government Week is sponsored by the Association of County Commissions of Alabama (ACCA) to help bring awareness of the functions of county government to the citizen and the importance of citizen involvement in local government. Commissioner Willingham made a motion to approve the resolution declaring the week of May 3-9, 2009 as National County Government Week. Commission Williams seconded, and upon a voice vote, the motion passed unanimously.
Resolution 2009-24 – Authorize the Chairman to sign a project application for airport improvements
Bob Burns, Airport Manager, stated the application is for an improvements project to the State Trooper hanger. These improvements will allow two (2) additional planes to be brought to the Cullman Airport and one (1) additional person. Federal money was used three years ago for the site preparation. Mr. Burns believes the project can be completed for approximately $185,000. This is a 50/50 match in which the State of Alabama will pay half; Cullman County and City of Cullman will pay the additional half. The County’s share will be $45,000 to $50,000 which has already been included in the budget. Commissioner Williams made a motion to approve the resolution authorizing the Chairman to sign the project application. Commissioner Willingham made a second. The motion passed unanimously upon a voice vote.
Consider approval of Articles of Amendment to the Certificate of Incorporation of the Cullman Area Mental Health Authority – Paragraph IX
Commissioner Williams made a motion to table the matter until the County Attorney has an opportunity to review the proposed changes. Commissioner Willingham seconded. Upon a unanimous voice vote the consideration of the Articles of Amendment for the Cullman Area Mental Health Authority was tabled.
Consider plat for Shadowrock Subdivision located in District 2 off County Road 871
Keith Creel, Assistant Engineer, stated the preliminary plat for Shadowrock Subdivision was approved in June 2008. The roads have not been completed but the developer wishes to sell some of the lots. The developer has provided the required surety bond for the completion of the roads. However, the plat requires one correction and the necessary signatures. Mr. Creel recommended acceptance of the plat contingent on receipt of necessary changes and signatures. Commissioner Willingham made a motion to accept the plat with the contingencies. Commissioner Williams seconded, and upon a voice vote, the motion passed unanimously.
Consider awarding Bid No. 997 – Jail Supplies
At the previous Commission Meeting, a motion was made to award the bid for jail supplies to the low bidder, Paper & Chemical Supply. Due to an oversight the bid was not awarded. Commissioner Willingham again made a motion to award Bid No. 997 for jail supplies to Paper & Chemical Supply. Commissioner Williams seconded, and upon a voice vote, the motion passed unanimously.
Consider awarding Bid No. 1000 – Traffic Striping
Fred Penn, County Engineer, stated the low bidder was Traffic Markings, Inc. of Franklin, MA. The Commissioners asked if the company would be able to fulfill the contract due to the logistics of their location. Mr. Penn said the County has been reassured the contract will be fulfilled and recommended awarding the bid. Commissioner Williams made a motion to award the bid for striping to Traffic Markings, Inc. Commissioner Willingham seconded, and upon a voice vote, the motion passed unanimously.
Consider awarding Bid No. 1002 – Beverage Service for Parks
John Sellers, Director of Parks and Recreation, stated two bids were received for beverage service for the parks. Both bids were excellent. However, Pepsi has seven (7) service technicians assigned to the Cullman area and, thereby, is able to offer a one hour response time to service issues, Mr. Sellers recommended awarding the three (3) year bid to Pepsi. Commissioner Willingham made a motion to award the bid to Pepsi for beverage service for the parks. Commissioner Williams seconded. The motion passed unanimously upon a voice vote.
Consider awarding Bid No. 1003 – Aggregate
Fred Penn recommended awarding the bid to all bidders. The cost for hauling from the pit will determine the suppliers for each job site. Commissioner Willingham made the motion to accept all bids for aggregate. Commissioner Williams seconded, and upon a voice vote, the motion passed unanimously.
Consider awarding Bid No. 1004 – Tree Service
Gary Teichmiller, County Administrator, stated the bid is for five (5) areas of tree service. Three bids were received; when all areas of service were averaged, Marshall’s Wood and Tree Service was the low bidder. He recommended awarding the bid. Commissioner Willingham made a motion to award the bid for tree service to Marshall’s Wood and Tree Service. Commissioner Williams seconded, and upon a voice vote, the motion passed unanimously.
Consider authorizing the Chairman to sign an agreement between Cullman County and the Town of Garden City
David Bussman, Manager Cullman County Water Department, stated this is a renewal of the five (5) years water sale agreement with the Town of Garden City. Commissioner Williams made a motion to authorize the Chairman to sign the water agreement with the Town of Garden City. Commissioner Willingham seconded, and upon a voice vote, the motion passed unanimously.
Resolution 2009-25 – Set weight limit on County Road 702 at 15 tons
Fred Penn stated County Road 702 is being resurfaced and recommended lowering the weight limit to 15 tons. Commissioner Williams made a motion to set the weight limit on County Road 702 at 15 tons. Commissioner Willingham seconded, and upon a voice vote, the motion passed unanimously.
Consider authorizing the Chairman to sign an agreement between the Cullman County and Walker Builders, Inc.
Commissioner Doug Williams stated Walker Builders Inc. is developing an area off County Road 1464 behind Cullman Regional Medical Center. A plat has been submitted by St. John & Associates requesting alterations to improve the safety of the road. Walker Builders, Inc. will reimburse the County for work done. Commissioner Williams made a motion to authorize the signing of the agreement with Walker Builders, Inc. Commissioner Willingham made a second. Upon a voice, the motion passed unanimously.
Discussion of Duck River Project
Chairman Graves informed the public that the final lawsuit opposing the Duck River Project has been dismissed. The County Commission and the City of Cullman are discussing the possibility of a partnership on the project, however at this time an agreement has not been reached.
OLD BUSINESS
There was no old business.
NEXT REGULAR COMMISSION MEETING TUESDAY, MAY 12, 2009
Chairman Graves announced the next regular Commission Meeting will be Tuesday, May 12, 2009 at 10:00 a.m. in the Commission Office Conference Room.
ADJOURN THE MEETING
Chairman Graves asked if there was further business to consider and there was none. Chairman Graves adjourned the meeting at 10:36 a.m.
__________________________ ______ ________ ____________ __________________________
James D. Graves, Chairman J. Douglas Williams Wayne Willingham