Town of Cottonwood
Town Council Work Shop

 
February 6, 2018
 
 
Members Present:   Mayor Ken Hamilton, James Coachman, Michael Capehart, Linda Smith, Ann Adams and Kenneth Hart  
 
Members Absent:
 
Mayor Hamilton opened the meeting at 6:00 P. M.  Mayor Hamilton opened meeting with a prayer. Mayor and the Council led in the Pledge of Allegiance.
 
*Cottonwood Rescue used 5,319 gallons of water for the month of January.
 
*Approval to repair 2001 Ford Ranger for the total of $2,140.83.  After discussion council decided to get pricing on a new truck and table until next meeting.
 
*Approval to pass Ordinance #2018-001 on the law for cutting the lock on meters. 
 
ORDINANCE NO. 2018-001
 
                                              Charge on Cutting Lock’s on Meters
 
ORDAINDED BY THE TOWN OF COTTONWOOD COUNCIL OF COTTONWOOD, ALABAMA, AS FOLLOWS:
 
RULES ON CUTTING LOCK’S ON METERS
SHALL BE FOLLOWED                                      
 
 
IF LOCK’S ARE CUT OFF A METER THERE WILL BE A CHARGE OF $250.00.  THIS IS A CHARGE OF DISTRUCTION OF PROPERY AND THEFT ON WATER FROM THE TOWN OF COTTONWOOD.
 
Code of Alabama 13A Criminal Code 13A-8-23 
Section 13A-8-23
Tampering with availability of gas, electricity, or water.
(a) The following terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:
(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant by the entirety of the whole or part of any building.
(2) PERSON. Includes a corporation, firm, company, or association.
(3) TENANT or OCCUPANT. Shall include any person who occupies the whole or a part of any building whether alone or with others and shall include the owner.
(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas, or water or any combination thereof for sale to consumers in any particular service area.
(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers.
(b) It shall be unlawful for a tenant, occupant, or any other person to commit any of the following acts which could, or in fact does, make gas, electricity, or water unlawfully available to such tenant, occupant, or person, or to another:
(1) To connect any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting gas, electricity, or water in such a manner as to permit the use of said gas, electricity, or water without the same passing through a meter or other instrument recording the usage for billing.
(2) To alter, injure, turn on, or prevent the action of a meter, valve, stopcock, or other instrument used for measuring quantities of gas, electricity, or water.
(3) To break, deface, or cause to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of gas, electricity, or water or a security system for the recording device.
(4) To remove a metering device for measuring quantities of gas, electricity, or water.
(5) To transfer from one location to another a metering device for measuring utilities of gas, electricity, or water.
(6) To use a metering device belonging to the utility that has not been assigned to the location and installed by the utility.
(7) To adjust the indicated consumption, to jam the measuring device, to bypass the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly, or to otherwise obtain quantities of gas, electricity, or water from the utility without same passing through a metering device for measuring quantities of consumption for billing.
(8) To fabricate or to use a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts.
(9) To otherwise take any action resulting in the diversion or unauthorized use of gas, electricity, or water.
(c) Any property on which it is found to have electric, gas, or water utilities tampered with in violation of this section and capable of receiving gas, electricity, or water as a result of the use of any method of diversion prohibited herein shall be prima facie evidence and create against the tenant, occupant, or other person a presumption of intent to tamper or divert in violation of this section.
(d) Any occupant, tenant, or other person who violates this section, and any person who aids and abets in such prohibited acts, who shall be deemed a principal to such acts, shall be guilty of a Class C felony if the theft amount exceeds five hundred dollars ($500) in value and a Class A misdemeanor if the theft amount is less than or equal to five hundred dollars ($500) in value, as provided by the state criminal code, and upon conviction, be punished as prescribed by law.
(e) The provisions of this section are supplemental to the provisions of the offense of theft of services as provided in Section 13A-8-10, and shall in no way repeal or modify Section 13A-8-10.
Council Member Coachman made a motion to approve the Ordinance #2018-001.  A second by Council Member Hart and the motion was approved unanimously.
 
Approval to except the Third Amendment to Water Tower Lease Agreement.  Council Member Smith made a motion to approve the Third Amendment to Water Tower Agreement.  A second by Council Member Capehart and the motion was approved unanimously.
 
Approval to declare a Motorola Maxx phone surplus:
RESOLUTION  # 2018-002
Declare Surplus
The Mayor and Town Council of the Town of Cottonwood declare a Motorola Maxx as Surplus.  This was used by the Fire Department and will no longer be used.  Due to the age of the phone and the inability for it to be upgraded it was sold for the sum of $1.00 to Rickey Owens.  Council Member Hart made a motion to except Resolution #2018-002.  A second by Council Member Coachman and the motion was approved unanimously.
 
Discussion on a Bill, this has been tabled until next meeting.
 
Announcement:  Environment Assessment for U.S. Air Force Reuse of U.S. Coast Guard Station in Malone Florida.
 
Discussion on FEMA GRANT with a 5% match for the Fire Department.
 
Debris pick up February 26.
 
Soft Ball and Base Ball players are selling tickets for a Steak Dinner, pick up on February 16th.
 
Spirt of Service Day, April 21.
 
It’s time for the Fire Department testing for the ISO.  Approval for the Town to split the cost with the Fire Department.  Total cost will be around $1,250.00.  Council Member Hart made a motion to split the cost between the Town and the Fire Department.  A second by Council Member Adams and the motion was approved unanimously.
 
Council Member Smith discussed about employees raises.
Mayor discussed the grocery store, and the opening of the Hardware Store.
 
There being no further business to come before this meeting, there was a motion by Council Member Smith to adjourn the meeting.  A second by Council Member Hart and the meeting was adjourned at 7:00 P.M.