STATE OF ALABAMA

COUNTY OF ETOWAH

CITY OF RAINBOW CITY – COUNCIL MEETING – May 23, 2005

The City Council of the City of Rainbow City, Alabama, met in regular session at City Hall at 6:30 P. M., and upon roll call the following members were present:

Terry John Calhoun, Mayor

Council members:

Jeff Overstreet

Bobby McCartney

Lloyd Matthews

Bryan Stone, attending Ala. League of Municipality meeting in Huntsville, AL

Kris Cornutt

The same constituting a quorum of the City Council, the following business was transacted.

1. The meeting was called to order by Mayor Terry John Calhoun.

2. Invocation was lead by Jeff Overstreet.

3. Mayor Calhoun led the pledge of allegiance to the flag.

4. Mayor Calhoun presented the minutes of May 9, 2005 and May 18, 2005 and asked if

there were any corrections or deletions. There being none Jeff Overstreet moved and Kris Cornutt seconded the motion to approve the minutes as presented.

5. Mayor Calhoun announced the audit had been completed and the reports were on the

table in back for everyone to have and more could be copied if necessary.

6. Mayor Calhoun explained that the bid opening for earthwork project at the recreation

center would not be opened. There has been a problem concerning workman’s compensation insurance, so the City will be re-bidding this project with requirements for workman’s com-pensation or a fee will be deducted from the bidder’s quote to cover the cost of the insurance while the contractor is working on City property.

7. Bobby McCartney moved and Kris Cornutt seconded the motion to re-bid the earthwork to be done at the Rainbow City Recreation Center. The City Council will have a special called meeting on Tuesday, May 31, 2005 at 4:00 P.M. to open these bids. Mayor Calhoun declared the motion carried.

8. Mayor Calhoun presented the old business of the four way stop sign at Joham and Lister

Ferry Road. Mayor Calhoun read a letter from Doug Waldrup, J B W & T Engineering, recommending that the City place a stop sign at this intersection. Mr. Waldrup also recommended that the City place flashing signs in both directions from the stop signs on Lister Ferry Road for at least one month prior to placing the stop signs. These signs should state

“Caution-Stop Ahead” or something equivalent. Greg Payne presented the City Council with a petition with approximately 120 names of people who either live on or use Lister Ferry Road. These people are opposed to these stop signs. After discussion, Bobby McCartney moved and Lloyd Matthews seconded the motion to place the four way stop signs on Joham and Lister Ferry Roads along with the flashing signs as suggested in the letter from Doug Waldrup. Mayor Calhoun asked for a roll call vote as follows:

Jeff Overstreet yes

Bobby McCartney yes

Lloyd Matthews yes

Kris Cornutt yes

Mayor Calhoun declared the motion carried.

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Rainbow City Council Meeting

May 23, 2005

9. Mayor Calhoun presented Ordinance No. 423 which will revoke Ordinance No. 221, an

ordinance defining Real Property Nuisances, Establishing a Procedure for the Abatement of Said Nuisances, and Providing Penalties for Violations of its Provisions. Jeff Overstreet made a motion to introduce the ordinance.

10. Mayor Calhoun asked for a motion to suspend the rules for immediate consideration for

Ordinance No. 423. Lloyd Matthews moved and Jeff Overstreet seconded the motion to suspend the rules for immediate consideration. Mayor Calhoun asked for a roll call vote as follows:

Jeff Overstreet yes

Bobby McCartney yes

Lloyd Matthews yes

Kris Cornutt yes

Mayor Calhoun declared the motion carried.

11. Mayor Calhoun asked for a motion to adopt Ordinance No. 423. Lloyd Matthews moved and Jeff Overstreet seconded the motion to adopt Ordinance No. 423. Mayor Calhoun asked for a roll call vote as follows:

Jeff Overstreet yes

Bobby McCartney yes

Lloyd Matthews yes

Kris Cornutt yes

Mayor Calhoun declared the motion carried.

12. Mayor Calhoun presented Resolution No. 05-04 which authorizes the Mayor to execute

a grant application for Hazard Mitigation Grant Program Funds for the Babe Jackson Bridge Project. Mayor Calhoun stated that the total project cost is $35,148.11 and the grant amount that Rainbow City is applying for is $26,361.00. Kris Cornutt moved and Lloyd Matthews seconded the motion to adopt Resolution No. 05-04. Mayor Calhoun declared the motion carried.

13. Mayor Calhoun presented Resolution No 05-05 which authorized the Mayor to execute

a grant application for Hazard Mitigation Grant Program Funds for the Martin Road Bridge Project. Mayor Calhoun state that the total projected cost for this project is $128,632.00 and the grant amount that Rainbow City is applying for is $96,474.00. Kris Cornutt moved and Lloyd Matthews seconded the motion to adopt Resolution No. 05-05. Mayor Calhoun declared the motion carried.

14. Mayor Calhoun presented the following travel/tuition:

Chief Jeff Harwood to attend the Alabama Association of Chiefs of Police

2005 Spring Conference in Point Clear, Alabama, May 25-27, 2005 at a cost of

$175.00 and hotel fee for three nights.

Assistant Chief David Waters to attend the Alabama Peace Officer’s

Association 2005 Annual Business and Training Conference in Orange Beach,

Alabama, June 14-17, 2005, at a cost of $50.00 and hotel fee for four nights.

Captain Charles Bell to attend the Public Agency Training Council’s “Phase I:

Hostage Negotiations and Crisis Intervention” in Madison, Alabama, June 14-16, 2005

at a cost of $275.00 and no lodging.

Lt. Tommy Watts and Sgt. Charles Clifton to attend the ROCIC Narcotics

Trafficking & Trends Annual Conference in Nashville, Tennessee, June 12-15, 2005,

at a cost of $75.00 each plus hotel fee and meals for three nights.

Jeff Overstreet moved and Lloyd Matthews seconded the motion to approve all travel and tuition. Mayor Calhoun declared the motion carried.

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15. Mayor Calhoun presented a request for lights to be placed on pole # 2-078862 (Bellsouth #202) and pole # 2-078865 (Bellsouth #208) from the residents of Timber Ridge Subdivision. Lloyd Matthews moved and Kris Cornutt seconded the motion to approve the request for these lights to be placed in Timber Ridge Subdivision. Mayor Calhoun declared the motion carried.

16. Mayor Calhoun presented a letter from Mr. Gardner, Principal of Southside High School, announcing that the Southside High School Academic Team won the State Championship in the EnviroBowl Competition this year. This is the seventh time they have competed at the state level and the second time they have won the state championship. They are sponsored by Mrs. Mary Firestone.

17. Bobby McCartney stated that the auditor had recommended that Rainbow City needed to bid items that were contract labor as least every three years. Bobby moved and Kris Cornutt seconded the motion to bid out the cleaning contract for the Community Center and Library as one project, The Rainbow City Hall as the second project, and bid out the gas contract as the third project. Bobby stated the bids would close on June 13, 2005 at 2:00 P.M. Mayor Calhoun declared the motion carried.

18. Bobby McCartney reported that Coosa Christian School had presented the Recreational

Center with a plaque for allowing them to use the gym for their basketball season after a fire destroyed their school last fall. Bobby asked Eddie Cline to display this plaque on the wall of the Rec. Center.

19. Kris Cornutt stated that the Library’s Summer “FUNtastic Reading” Program was begin-ning. Pre-registration began on May 11, 2005. Books read begin counting on May 25, 2005 and the weekly program begins on June 1, 2005. Kris encouraged everyone to have their children and/or grandchildren get involved with the reading program this summer.

20. Kris Cornutt reported on the clean-up day which was held on May 14, 2005. He thanked everyone who helped and especially Riddles Bend Baptist Church for their participation in cleaning Riddles Bend Road. Kris stated that his group picked-up 24 bags of trash on Lumley Road along. Kris suggested to the Council members that they be thinking about raising the litter fine from $250 to $500.

21. Lloyd Matthews also thanked the Etowah County Sheriff’s Department and the trustees

for helping with clean-up day.

22. Lloyd Matthews thanked Jessie Allen, Street Dept. and Wiley McLain, Bldg. Dept., for

work they did on a ditch caused by a street cut on Westminster Drive.

23. Concerned citizens asked Mayor Calhoun about the audit report involving the Black

Creek Parkway and the Steele Station expansion. The citizens asked had the money for

each of these projects been set aside in a special fund to cover the cost. Mayor Calhoun

stated there were no moneys set aside for these projects and that he could not get out of

the contract that was signed in 1999. Mayor Calhoun stated that Rainbow City owes the State DOT 1.3 million dollars on these projects to be completed. If the City refuses to continue with the projects, Rainbow City will be required to pay for all moneys already spent on these projects at a cost of approximately 1.1 million dollars. Mayor Calhoun stated that he had asked the City of Gadsden and the Etowah County Commission for help on these projects but had not received an answer from either at this time.

24. Concerned citizens asked Mayor Calhoun if money had been set aside for the lawsuit.

Mayor Calhoun answered that no money had been set aside.

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25. Jerry Griffith spoke concerning a medic run that was made to his mother-in-laws home.

He stated that the medic’s were not at the Riddles Bend Fire Station at the time of the call and it took longer for them to respond. He asked that someone always be left on duty at the Riddles Bend Station. Derrick Bowling stated that the medics were checking fire hydrants at the time of the call. Mayor Calhoun stated that he felt like the medics did the best job that they could on this call and he would take into consideration that someone remain at Fire Station #2.

26. Derrick Bowling addressed the City Council asking about the pay raises that Lloyd

Matthews had mentioned giving the employees. Discussion followed.

27. Mrs. Moore addressed the Council and wanted the recognize and thank the Fire

Department for the quick response they had at a fire on Brown Avenue. Mrs. Moore stated that her family was in the process of moving into the town home and had not gotten insurance yet. A fire started about 12 feet from one of the town homes and the firemen arrived within 4 minutes of the call to E911 and within a few minutes had the fire extinguished. She stated that she was very thankful for them saving her home and the other homes involved.

28. Larry Murray of the Rainbow City Fire Department recognized two of the three children that were involved with getting the Fire Department to the fire on Brown Avenue. They are Jennah Moore and Mitchell Moore. Andrea Daian was the third child that had helped to call 911, but could not be present. Mr. Murray stated that because of these children’s quick action, the Fire Department was able to respond and extinguish the fire in a short amount of time.

29. Gene Lee addressed the City Council concerning the cleaning bid for the Community

Center and the Library. Mayor Calhoun stated that the reason they were bidding the job was because the auditor stated that it is a State of Alabama law that any job such as this must be bid on at least every three years. Mayor Calhoun stated that anyone could bid on any of these projects.

30. There being on further business to come before the Rainbow City Council, Jeff

Overstreet moved to adjourn.

Time Adjourned: 7:25 P.M.

________________________________

Terry John Calhoun, Mayor

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Kathy Hill, Recording Secretary