The Cullman County Commission is headed back to mediation in a legal dispute with a Crane Hill marina over who has exclusive rights to a Smith Lake boat launch.

On Tuesday, the commission agreed to send County Attorney Chad Floyd and Associate Commissioner Garry Marchman to a joint mediation session Oct. 4 with Ryan Creek Acquisitions, Inc. The marina filed a lawsuit against the county and former commissioner Stanley Yarbrough in February 2014 over the boat launch beside “Big Bridge” on County Road 222 in Crane Hill.

A previous attempt at mediation in 2015 was unsuccessful, and both sides were scheduled to go to trial Aug. 29. The county sought and received a continuance, and in her order, Cullman County Circuit Judge Martha Williams said another trial would be set if mediation failed again.

This time, trial attorney Bobby Segall with the Montgomery law firm Copeland Franco will oversee the mediation at $350 per hour. Floyd said that cost will be split between parties.

Ryan Creek argues the boat launch has never been open to the public, but rather operated as the marina’s private launch requiring payment by the marina’s customers. Ryan Creek says it and prior owners have allowed Cullman County officials to use the boat launch as an access point to the Big Bridge and Smith Lake.

The county contends the ramp has been used by the public for decades until the summer of 2012 when Ryan Creek Acquisitions put up a locked gate.

Ryan Creek alleges county officials cut a lock on a gate the marina installed and placed a steel sign in the ground to prevent it from being closed. The county disputes that claim. Ryan Creek later removed the pole blocking the gate and re-locked the boat launch, according to the lawsuit.

Both parties agree the boat launch partially falls within the county right of way. However, the entire boat launch and surrounding property, including the marina parking lot, “has always been under the exclusive control and operation” of the property owners “going back at least 30 years,” according to Ryan Creek’s complaint.

The state turned over the disputed right of way to the county in the ‘70s.

In other business Tuesday, the Cullman County Commission:

* Approved minutes from the August 24 meeting, appropriations, expenditures, payroll, requisitions and all journal entries to be posted.

* Proclaimed Sept. 15- Dec. 25, 2016 Child Hunger Action Season to support improving food insecurity in Cold Springs, Cullman, Fairview, Good Hope, Hanceville, Holly Pond, Vinemont and West Point, which are identified as areas of need. The number of Cullman County children who need food assistance is increasing in more households in poverty and more parents and guardians being unemployed. Residents and organizations interested in helping can contact food-relief organizations. 

* Authorized Chairman Kenneth Walker to sign procurement procedures for CARTS with the Federal Transit Administration. 

* Authorized Walker to sign a contract with the Alabama Department of Youth Services for long-term detention at Tennessee Valley Detention Youth Services for fiscal 2017.

* Approved Probate Judge Tammy Brown’s request to sign an resolution allowing the probate office to participate in an electronic poll book pilot program with the Alabama Secretary of State during the Nov. 8 general election. 

* Granted Revenue Commissioner Barry Willingham the authority to terminate software license agreements with Delta Computer Systems, Inc. and Breeze Group, LLC/ Ingenuity, Inc. 

* Authorized Walker to sign a memorandum of understanding, Partnership for the Blue Campaign, between the commission and Department of Homeland Security to provide federal training to combat human trafficking. 

* Authorized $424,752.92 payment to the ACCA Workers’ Compensation Fund on Oct. 1 for worker’s compensation insurance for fiscal 2017. 

* Approved agreement with Alliance Insurance Group (HCC) for annual employee health stop loss insurance for $294,831. 

* Authorized Walker to sign a claim form from the AT&T repair billing litigation. The commission agreed with Floyd’s recommendation to sign the form for $89.70 due to the county. 

* Appointed Dorothy Maddox to the E-911 Board of Commissioners for a four-year term to expire Sept. 1, 2020, replacing James Graves. The appointment was Associate Commissioner Kerry Watson’s. 

* Appointed Samuel Taylor to E-911 Board of Commissioners for a four-year term to expire Sept. 1, 2020, replacing Lori Beckhart. The appointment was Marchman’s. 

* Reappointed Dana Phillips to E-911 Board of Commissioners for a four-year term to expire Sept. 1, 2020, at the request of the City of Cullman. 

* Awarded $26,625 bid for construction of emergency exit stairs at the sales tax office to Cliff Harris.

* Declared surplus 2002 Chevrolet C1500 pickup from the water department to be sold at auction. 

* Declared surplus the following vehicles and equipment from the road department: 1998 Chevrolet C2500 (auction), 1995 Ford F-150 pickup (auction), four wheel-drive 2000 Dodge Dakota (www.govdeals.com), 1999 C-8500 GMC dump truck (Iron Planet auction), Dresser rubber tire loader (Iron Planet auction) and New Holland wheeled load (Iron Planet auction). 

* Extended bid for corrugated plastic pipe to Bear Concrete. 

* Awarded bid for cold-laid plant mix to only bidder that met specifications, Good Hope Contracting. 

The Cullman County Commission will hold a work session to discuss the fiscal 2017 budget 8 a.m. Wednesday, Sept. 21. It will hold a work session 8:30 a.m. Tuesday, Sept. 27, followed by its meeting at 10 a.m.