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Be it remembered that regular meeting of the Mayor and Board of Aldermen of the City of Long Beach, Mississippi, was begun and held at the Jeritza A. Pell City Hall Annex in said City at 7:00 o'clock p.m. it being the first Tuesday in July, 2005, and the same being the time and place fixed by Laws of Mississippi and Ordinance of the City of Long Beach for holding said meeting.
There were present and in attendance on said Board and at the meeting the following named persons: Mayor William Skellie, Jr., Aldermen Allen D. Holder, Jr., Charles Boggs, Richard Notter, Richard Burton, Joseph McNary, Mark Lishen, Richard Bennett, City Clerk Rebecca E. Schruff, and City Attorney Frank R. McCreary, III.
There being a quorum present sufficient to transact the business of the City, the following proceedings were had and done.
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The meeting was called to order and Alderman Holder made motion seconded by Alderman Lishen and unanimously carried to spread the Oaths of Office upon the minutes of this meeting in words and figures, as follows:
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The Mayor opened the public hearing to consider an appeal filed by Rosa Mitchell, 114 Kuyrkendall Place, Long Beach, Mississippi, for a SPECIAL EXCEPTION USE to allow for up to five (5) children to be cared for in the home. The application for special exception use was denied by the Long Beach Planning Commission at a public hearing duly held and convened on April 28, 2005.
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The Clerk reported that pursuant to that certain order of the Mayor and Board of Aldermen at a recess meeting duly held and convened on June 8, 2005, that she did cause to be published in the Sun Herald, a newspaper with a general circulation in the City of Long Beach and published in Harrison County, Legal Notice, PUBLIC HEARING, as evidenced by the Publisher’s Proof of Publication.
Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to spread said Proof of Publication upon the minutes of this meeting in words and figures, as follows:
The Clerk further reported that eighteen (18) notices of public hearing were sent via certified mail, return receipt requested, to property owners with two-hundred feet (200’) of the subject property, sixteen (16) were received, one (1) returned undeliverable and one (1) with no return.
Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to make the aforementioned notices a part of the record of this public hearing, on file in the Office of the City Clerk.
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Alderman Lishen made motion seconded by Alderman McNary and unanimously carried to make the April 28, 2005, minutes of the Planning Commission a part of the record of this public hearing, on file in the Office of City Clerk.
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The Mayor recognized the appellant, Ms. Rosa Mitchell, who stated that she is certified through the USNCBC Base and qualified to provide care for five (5) children in her home. She was reduced to three (3) children until she meets the city’s requirement to apply for and be granted a special exception use to operate a child care facility with five (5) children in a residential (R-1) zone.
Upon questioning, it was determined that the health department and county and state agencies regulate the operation of a child care facility and the matter before the city is strictly a zoning issue.
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The Mayor opened the floor for public comments in favor of the special exception use and no one came forward to provide additional information or ask any questions.
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The Mayor opened the floor for public comments in opposition to the special exception use and no one came forward to provide additional information or ask any questions.
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Alderman Bennett apprised the Mayor and Board of Aldermen that he spoke with Ms. Mitchell’s neighbors who had no objection and stated that Ms. Mitchell’s home and yard are very neat and tended.
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There being no further discussion or testimony, Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to close the public hearing.
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Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to approve the request for Special Exception Use as submitted by Rosa Mitchell.
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The Mayor announced the success of the 100th celebration of St. Thomas Church over the 4th of July week-end.
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The Mayor announced that various members of the Long Beach Civic Association are putting together a banner and display recognizing our country’s military men and women.
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Alderman Lishen made motion seconded by Alderman Holder and unanimously carried to suspend the rules and amend the Municipal Docket to include the following:
Proclamation of Civil Emergency – Tropical Storm Cindy.
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The Mayor and Board of Aldermen took up for consideration the matter of declaring a local state of emergency due to torrential rains, flooding and wind and storm surge damage throughout the City as a result of Tropical Storm Cindy. After a discussion of the subject Alderman Holder offered and moved the adoption of the following resolution:
RESOLUTION DECLARING A STATE OF EMERGENCY WITHIN THE CITY OF LONG BEACH, MISSISSIPPI, AND FOR RELATED PURPOSES.
WHEREAS, the Mayor and Board of Aldermen (the "Governing Authority") of the City of Long Beach, Mississippi, (the "Municipality"), having made due investigation thereof, do now find, determine, adjudicate and declare as follows:
1. That on or about July 5, 2005, flooding conditions, wind and storm surge damage throughout the City of Long Beach, Mississippi, in the aftermath of torrential rains and wind caused by Tropical Storm Cindy, created and continues to create conditions which places the citizens of the Municipality in extreme peril due to endangered lives and property and the detriment of the health, safety and welfare of the citizens of the Municipality; and
2. The Mayor of the Municipality, on the 5th day of July, 2005, proclaimed a local emergency to exist in the Municipality by virtue of the impending peril to its citizens as a result of torrential rains, flooding, wind and storm surge damage and other related disastrous consequences as a result of Tropical Storm Cindy commenced in the late night hours of July 5, 2005, and early morning hours of July 6, 2005, and continues affecting the public welfare, health and safety of persons and property within said Municipality; and
3. That the legislature of the State of Mississippi has provided under §33-15-1 et seq., Mississippi Code Annotated 1972 "The Mississippi Emergency Management Law" and §33-15-301 et seq., Mississippi Code Annotated (as amended) the "Disaster Assistance Act of 1993" for relief from such natural disasters and the co-ordinations of emergency acts with other local, state and federal agencies; and
4. After discussion of all of the above the Governing Authority of the Municipality does further find, determine and adjudicate and declare that in the public interest, in accordance with §33-15-1 et seq., a local state of emergency exists within the Municipality.
5. That as a result of the above, the resources of the Municipality are strained beyond their limits to cope with said disaster.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
SECTION 1. A local emergency exists within the territorial limits of the Municipality as a result of torrential rains, flooding, wind and storm surge damage caused by Tropical Storm Cindy which the resources of the City are unable to cope; and
SECTION 2. Said emergency shall be deemed to continue to exist for unspecified period of time although the Governing Authority shall review the need to continue the emergency no less than every seven (7) days and the emergency shall be terminated within seven (7) days unless in the opinion of the Governing Authority, there is a continuing need to maintain a state of emergency.
SECTION 3. This resolution shall take effect and be in force from and after its adoption.
Alderman Bennett seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote by the Mayor, the result was as follows:
Alderman Notter voted Aye
Alderman Burton voted Aye
Alderman Boggs voted Aye
Alderman Bennett voted Aye
Alderman Holder voted Aye
Alderman Lishen voted Aye
Alderman McNary voted Aye
The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 5th day of July, 2005.
APPROVED:
William Skellie, Jr., Mayor
ATTEST:
Rebecca E. Schruff, City Clerk
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The Mayor opened the floor for public comments, as follows:
Mr. Joe DeFazio congratulated the new administration on behalf of the Long Beach Civic Association;
Attorney Gerald Blessey, representing Emerald Breeze condominium development, protested the agenda item calling for a moratorium on building permits for condominium development. Considerable discussion and debate followed, however, no formal action was required or taken at this time; and
Mr. Rick Camarena, Southern Sands Condominiums, protested the agenda item calling for a moratorium on building permits for condominium development. Considerable discussion and debate followed, however, no formal action was required or taken at this time.
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Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to approve the regular meeting minutes of the Mayor and Board of Aldermen dated June 21, 2005, as submitted.
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Alderman Holder made motion seconded by Alderman Lishen and unanimously carried to approve the recess meeting minutes of the Mayor and Board of Aldermen dated June 23, 2005, as submitted.
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Alderman Bennett made motion seconded by Alderman Lishen to approve the June 23, 2005, Planning Commission minutes, as submitted.
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Alderman Burton offered substitute motion seconded by Alderman Boggs to approve the June 23, 2005, Planning Commission minutes with exception to agenda item VI.4., pages 314-318, referred to as White Harbor and/or Veranda Condominiums until such time as new board members have held work sessions and been educated and informed, held ward meetings for input from residents, and until the appeal on the high-rise ordinance has been decided.
The question being put to a roll call vote by the Mayor, the result was as follows:
Alderman Notter voted Aye
Alderman Burton voted Aye
Alderman Boggs voted Aye
Alderman Bennett voted Nay
Alderman Holder voted Nay
Alderman Lishen voted Nay
Alderman McNary voted Nay
The question having received the NEGATIVE vote of a majority of the Aldermen present and voting, the Mayor declared the motion NOT CARRIED.
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The question on the original motion to approve the June 23, 2005, Planning Commission minutes, as submitted, was put to a roll call vote by the Mayor and the result was as follows:
Alderman McNary voted Nay
Alderman Lishen voted Nay
Alderman Holder voted Nay
Alderman Bennett voted Aye
Alderman Boggs voted Aye
Alderman Burton voted Aye
Alderman Notter voted Aye
The question having received the AFFIRMATIVE vote of a majority of the Aldermen present and voting, the Mayor declared the MOTION CARRIED and the aforementioned minutes approved, as submitted.
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The resolution for final plat approval, Beach Walk Condominiums, was taken under advisement for consideration at the next regular meeting, July 19, 2005.
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The Mayor and Board of Aldermen took up the matter of final approval for recording of the Plat of Pecan Park Estates Subdivision, Phase Three, and for related purposes. After a discussion of the subject, Alderman Lishen offered and moved the adoption of the following resolution:
A RESOLUTION BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, PROVIDING FOR FINAL APPROVAL FOR RECORDING OF THE PLAT OF PECAN PARK ESTATES SUBDIVISION, PHASE THREE, AS A SUBDIVISION OF THE CITY OF LONG BEACH, MISSISSIPPI, ACCEPTING THE DEDICATION THEREOF, REQUIRING OF THE OWNERS OF SAID SUBDIVISION THEIR WARRANTY AGAINST DEFECTIVE WORKMANSHIP AND MATERIALS IN AND ABOUT THE CONSTRUCTION AND INSTALLATION OF THE IMPROVEMENTS AND APPURTENANCES THERETO IN AND ADJACENT TO SAID SUBDIVISION, PROVIDING FOR SECURITY FOR SAID WARRANTY, REQUIRING THE OWNER OF SAID SUBDIVISION TO POST A COMPLETION BOND TO SECURE COMPLETION OF THE ITEMS SPECIFIED BY THE CITY’S ENGINEER, PROVIDING THAT NO BUILDING PERMITS FOR THE CONSTRUCTION OF OTHER BUILDINGS OR IMPROVEMENTS ON ANY LOT IN SAID SUBDIVISION SHALL ISSUE UNTIL THE PROVISIONS OF THIS RESOLUTION SHALL HAVE BEEN COMPLIED WITH BY THE SAID OWNERS, AND FOR RELATED PURPOSES.
WHEREAS, the Mayor and Board of Aldermen (the “Governing Body”) of the City of Long Beach, Mississippi (the “Municipality”), having made due investigation therefore, do now find, determine, adjudicate and declare as follows:
1. Jones Builders, Inc., as owner of that certain land situated and being in the Municipality, in the Northeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 10, Township 8 South, Range 12 West, City of Long Beach, First Judicial District of Harrison County, Mississippi, more particularly hereinafter described in this resolution, has subdivided the same as Pecan Park Estates Subdivision, Phase Three, the final Plat of which subdivision, containing Charleston Lane as a public street, curbs and curb inlets and the paving thereof, drainage and utility easements (and improvements therein and appurtenances thereto), as laid out, surveyed and platted by Gene Paul Stenum, Registered Land Surveyor, for said Owner, according to his certificate executed and delivered thereon dated the 3rd day of June, 2005, as dedicated by the Owner’s Certificate and Dedication thereon executed and delivered and acknowledged under the date of June 3, 2005; and said Owner has requested the Governing Body of the Municipality for final approval of said Plat of Pecan Park Estates Subdivision, Phase Three.
2. Jimmy D. Stuart, Carole M. Stuart, and Union Planters Bank, as mortgagees and lienholders have joined in said dedication for the purpose of approving the same, by their certificates executed and delivered thereon under the date of June 3, 2005.
3. The aforesaid Plat of Pecan Park Estates Subdivision, Phase Three, was examined and preliminarily approved by the Planning Commission of the Municipality by its Certificate of Final Plat Approval executed and delivered thereon under the date of June 23, 2005.
4. A. Garner Russell & Associates, Inc., Consulting Engineers, engineers for the Municipality, have inspected and examined the paving and improvements, sewage collection and distribution system, water distribution system, drainage system, and fixtures, equipment and appliances appurtenant thereto, constructed in installed by the Owner in the aforesaid subdivision; and said engineers for the Municipality have reported that all of the same are, except for those items listed as #4-13, 15, 23, 24, 26 and 27 in the letter of David Ball to the City dated 7/1/05, are substantially complete, and have recommended, upon the owner posting a completion bond in the amount of $10,000.00, approval of the Plat of said subdivision for recording, subject to examination and approval of said Plat, as evidenced by the City Engineer’s Certificate of Approval executed on June 24, 2005.
5. The City Attorney has reported to the Governing Body of the Municipality that the form of the aforesaid Plat of Pecan Park Estates Subdivision, Phase Three, is in substantial compliance with the subdivision regulations of the Municipality.
6. After a discussion of all of the above, the Governing Body of the Municipality does further find, determine and adjudicate and declare that in the public interest, the aforesaid Plat of Pecan Park Estates Subdivision, Phase Three, and the Owner’s certification and Dedication thereon should be accepted and approved for recording, and that the paving and improvements, sewage collection and distribution system, drainage system, water distribution system and all fixtures, equipment and appliances appurtenant thereto in said subdivision may be accepted for public maintenance upon said owner furnishing the Municipality its warranty against defective workmanship and materials in and about the construction and installation of the same, and furnishing the Municipality security for such warranty; upon said owner furnishing its completion bond to the City to insure completion of the items described in paragraph 4, above, and providing further that no building permit for the construction or installation of any other improvements or buildings on any lot in said subdivision shall issue until the owner’s compliance with the provisions of this resolution as hereinafter set forth.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
Approval of the Plat for Recording.
The Plat of Pecan Park Estates Subdivision, Phase Three, being a subdivision of that certain parcel of land situated in the Northeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 10, Township 8 South, Range 12 West, being in the City of Long Beach, First Judicial District of Harrison County, Mississippi, described as follows, to-wit:
Beginning at a concrete monument set at the Southwest corner of Lot 5, Pecan Park Estates Minisubdivision, as per recorded plat on file at the Chancery Clerk’s Office in Plat Book 39, Page 28; thence along the South line of said Pecan Park Minisubdivision, N89°54'50"E 144.65 feet to an iron rod found at the Southwest corner of Lot 4 of said Pecan Park Estates Minisubdivision; thence continue along said South line, N89°54'50"E 144.63 feet to an iron rod found at the Southwest corner of Lot 3 of said Pecan Park Estates Minisubdivision; thence continue along said South line, N89°54'50"E 65.83 feet to an iron rod found at the Northwest corner of Lot 23 of Pecan Park Estates, Phase One, as per recorded plat on file at the Chancery Clerk’s Office in Plat Book 35, Page 8; thence along the Western boundary of said Pecan Park Estates, Phase One, S00°01'30"E 134.63 feet to an iron rod found lying on the North margin of Charleston Lane; thence further along said Western boundary, S05°41'20"E 50.25 feet to an iron rod set; thence further along said Western boundary, S00°01'30"E 140.00 feet to an iron rod found; thence further along said Western boundary, S89°58'30"W 29.50 feet to an iron rod found; thence further along said Western boundary, S00°03'33"E 240.00 feet to an iron rod set lying on the Western boundary of Pecan Park Estates, Phase 2, as per recorded plat on file at the Chancery Clerk’s Office in Plat Book 35, Page 56; thence along said Western boundary, S11°19'50"W 178.35 feet to an iron rod found; thence further along said Western boundary, S00°01'53"E 254.92 feet to an iron rod found; thence S30°40'47"E 29.31 feet to an iron rod set; thence S00°01'35"E 146.06 feet to a concrete monument set, lying on the North margin of a 50 foot perpetual easement as per Deed Book 1183, Page 197, also known as Old Town Road; thence along the North margin of said perpetual easement along a curve to the right, having an arc length of 106.44 feet and a radius of 324.16 feet, to an iron rod being S80°35'22"W 105.96 feet; thence continue along said North margin, S89°58'27"W 204.99 feet to a concrete monument set; thence N00°04'31"W 1182.58 feet to the POINT OF BEGINNING, containing 8.785 acres, as laid out, surveyed and platted by Gene Paul Stenum, Registered Land Surveyor, according to his surveyor’s Certificate on said Plat dated the 3rd day of June, 2005, and containing Lots Number 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 and 69, and Charleston Lane as a public street, and the drainage and utility easements, rights-of-way, sidewalks and curbs and improvements on said easements and street, and the Owner’s Certificate and Dedication of Pecan Park Estates Subdivision, Phase Three, dated the 3rd day of June, 2005, dedicating the streets and easements as laid out and platted thereon to the public use forever, joined in said dedication by the lienholders, Jimmy D. Stuart, Carole M. Stuart, and Union Planters Bank, by its certificate thereon dated June 3, 2005, be, and the same hereby is, accepted as a subdivision of the City of Long Beach, Mississippi; and said final Plat of Pecan Park Estates Subdivision, Phase Three, is hereby finally approved for recording as a subdivision of the said City, subject to the provisions of this resolution hereinafter set forth.
SECTION 2. Acceptance for Public Maintenance.
Street paving of the streets named in Section 1, above, curbs, water distribution system, drainage system and sewage collection and distribution system, and fixtures, equipment and appliances appurtenant thereto, constructed and installed in the aforesaid subdivision, are hereby accepted for public maintenance, all subject, however, to the following terms and conditions:
(A) Said owner shall execute and deliver in writing signed by its principal officers and stating their respective names, titles and addresses, its warranty in favor of the Municipality against defective workmanship and materials for a period of two (2) years from the date of this resolution, in and about the construction and installation of the improvements and in and appurtenant to said Pecan Park Estates Subdivision, Phase Three, including but not limited to the streets, curbs, curb inlets, sidewalks, drainage system, sewage collection and distribution system, water distribution system, fire and water hydrants, and any and all fixtures, equipment and/or appliances appurtenant to all of the same; subject further to the execution and delivery by said owner as above set out to the Municipality of such warranty or warranties in writing, and containing the owner’s covenant to indemnify and save harmless the Municipality from any and all losses, costs, expenses, damages and/or injuries and compensation of any kind and/or character whatsoever, resulting from, arising out of, or in any matter related to any breach of such warranty or warranties, or of any such defects in workmanship and/or materials in and about the construction and installation of such improvements, fixtures, equipment and/or appliances thereto as aforesaid; all and such form and content as may be approved by the Municipality, acting by and through its Mayor or City Attorney.
(B) the said owner shall further, and its own cost and expense, furnish the Municipality, as security for the warranty and indemnity agreement as set out in subsection (A) of this Section, a cashier’s check, certified check, letter of credit or corporate surety bond, issued or certified by a bank, savings and loan association or corporate surety authorized to do business in the State of Mississippi, in the sum and amount of $ 44,000.00, without restrictions.
(1) In the event of any breach of warranty or warranties set out in subsection (A) above, and in the written warranty or warranties and indemnity agreement delivered to the Municipality, and if the Owner shall not correct the same within a reasonable time, the Municipality, and its sole discretion, may correct any defective workmanship and/or materials or contract to have the same done, and apply the above mentioned security in payment of all of the same and all costs, expenses, injuries and/or damages whatsoever. In the event that such security be insufficient for such purposes, the said Owner shall make up the difference of funds required to make payment for correcting any defective workmanship and/or materials and paying the cost of all expenses, injuries and/or damages resulting from owners breach of warranty, if any, herein required.
(2) The condition of the aforesaid security shall be that said Jones Builders, Inc., and its successors in title or assigns shall well and truly comply with all of the terms and conditions of this resolution and the written warranty herein specified; and if the aforesaid conditions shall have been complied with, the Municipality, upon the expiration of the aforesaid warranty period without any breach of warranty, shall return such security, with interest, if any, to said Owner.
(3) The Owner shall execute and deliver unto the Municipality an appropriate conveyance, or conveyances, of the aforesaid improvements in Pecan Park Estates Subdivision, Phase Three, including but not limited to the aforesaid street, curbs, curb inlets, drainage system, sewage collection and distribution system, water distribution system, fire and water hydrants, and any and all fixtures, equipment, appliances appurtenant thereto, free and clear of any and all liens and/or encumbrances.
(C) the said owner shall further, and its own cost and expense, furnish the Municipality, as security for the completion within one (1) year of those items designated as #4-13, 15, 23, 24, 26 and 27 in the letter of David Ball to the City dated 7/1/05 as being incomplete as of the date of said letter, its Completion Bond a cashier’s check, certified check, letter of credit or corporate surety bond, issued or certified by a bank, savings and loan association or corporate surety authorized to do business in the State of Mississippi, in the sum and amount of $ 10,000.00, without restrictions.
(1) In the event owners fail to complete those items referred to in paragraph (C), above within One (1) year, the Municipality, and its sole discretion, may complete said items or contract to have the same done, and apply the above mentioned security in payment of all of the same and all costs, expenses, injuries and/or damages whatsoever. In the event that such security be insufficient for such purposes, the said Owner shall make up the difference of funds required to make payment for completion of said work and paying the cost of all expenses, injuries and/or damages resulting from owner’s failure to timely complete same.
(2) The condition of the aforesaid security shall be that said Jones Builders, Inc., and its successors in title or assigns shall complete the hereinabove described improvements to the satisfaction of the City’s engineer, to be evidenced by such engineer’s written certification; and if the aforesaid conditions shall have been complied with, the Municipality, upon the completion of all such items and receipt of written certification by the City’s engineer of satisfactory completion of same, shall return such security, with interest, if any, to said Owner.
SECTION 3. Building Permits in Subdivision.
The aforesaid Plat shall not be filed for record, and no building permit shall issue for the construction of any building or buildings or other improvements whatsoever on any lot or parcel of land in the aforesaid Pecan Park Estates Subdivision, Phase Three, unless and until the provisions of Section 2, above, shall have been complied with by said Owner and/or each of its successors in title and/or assigns.
SECTION 4. Captions.
The captions to each section of this resolution are intended solely for easy reference in reading, and shall not be construed to alter or change the meaning of any such section or portion thereof.
SECTION 5. This resolution shall take effect and be in force from and after its adoption and being spread upon the minutes of the Governing Body of the Municipality.
Alderman Holder seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote by the mayor, the result was as follows:
Alderman Richard Notter voted Aye
Alderman Richard Burton voted Aye
Alderman Charles A. Boggs voted Aye
Alderman Richard Bennett voted Aye
Alderman Allen D. Holder, Jr. voted Aye
Alderman Joseph McNary voted Aye
Alderman Mark E. Lishen voted Aye
The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 5th day of July, 2005.
APPROVED:
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WILLIAM SKELLIE, JR., MAYOR
ATTEST:
__________________________________
REBECCA E. SCHRUFF, CITY CLERK
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The Mayor and Board of Aldermen took up the matter of offer of a conveyance of a perpetual easement by Jones Builders, Inc., to the City on, over and across a parcel of land for use by the City for ingress and egress and for installation of water and sewer lines, and for related purposes. After a discussion of the subject, Alderman Lishen offered and moved the adoption of the following resolution:
A RESOLUTION BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, PROVIDING FOR ACCEPTANCE OF A CONVEYANCE OF PERPETUAL EASEMENT BY JONES BUILDERS, INC., TO THE CITY OF LONG BEACH, MISSISSIPPI FOR INGRESS AND EGRESS AND FOR INSTALLATION OF WATER AND SEWER LINES, APPROVAL OF THE EASEMENT CONVEYANCE CONVEYING SUCH EASEMENT TO THE CITY AND THE TERMS THEREOF, AND FOR RELATED PURPOSES.
WHEREAS, the Mayor and Board of Aldermen of the City of Long Beach, Mississippi, having made due investigation, do now find and determine as follows, to-wit:
1. That Jones Builders, Inc., has requested approval of the Plat of Pecan Park Estates Subdivison, Phase III, and
2. Said Jones Builders, Inc., owns a perpetual easement across a parcel of land adjoining the said subdivision on the South, and commonly known as “Old Town Road” which easement should be conveyed to the City for purposes of ingress and easement and for installation and maintenance of water and sewer lines; and
3. That Jones Builders, Inc., has tendered to the City an executed “Easement”, the purpose of which is to convey the easement described therein to the City; and
4. That the best interest of the City would be served by the acceptance of the said conveyance by Jones Builders, Inc. as set forth in Exhibit “A” hereto; and
5. That said easement conveyance by Jones Builders, Inc., should be accepted and the Mayor should be authorized to accept said conveyance on behalf of the City and thereafter cause said easement conveyance, a copy of which is attached hereto as Exhibit “A”, to be recorded in the Land Deed Records of the First Judicial District of Harrison County.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
SECTION 1. That the offer of conveyance of easement made by Jones Builders, Inc., to the City, which offer is made by tender to the City of an executed “Easement”, a true and correct copy of which instrument is attached hereto as Exhibit “A” and incorporated fully herein, should be and is hereby approved and accepted.
SECTION 2. The Mayor of the City of Long Beach, Mississippi, is hereby authorized and directed to receive the said conveyance, a copy of which is attached hereto as Exhibit “A”, and to cause same to be recorded in the Land Deed Records of the First Judicial District of Harrison County, Mississippi.
SECTION 3. This resolution shall take effect and be in force from and after its adoption.
Alderman Holder seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote by the mayor, the result was as follows:
Alderman Richard Notter Voted Aye
Alderman Richard Burton Voted Aye
Alderman Charles A. Boggs Voted Aye
Alderman Richard Bennett Voted Aye
Alderman Allen D. Holder, Jr. Voted Aye
Alderman Mark Lishen Voted Aye
Alderman Joseph McNary Voted Aye
The question having received the affirmative vote of all the Alderman present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 5th day of July, 2005.
APPROVED:
_________________________________________
WILLIAM SKELLIE, JR., MAYOR
ATTEST:
__________________________________
REBECCA E. SCHRUFF, CITY CLERK
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Alderman Holder made motion seconded by Alderman Bennett and unanimously carried to approve payment of invoices as listed in Docket of Claims number 070505.
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Based upon the recommendation of Police Chief Harley Schinker and certification by the Civil Service Commission, Alderman Bennett made motion seconded by Alderman Notter and unanimously carried to ratify the termination of Dispatcher Marcia Kruse effective June 30, 2005.
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Based upon the recommendation of City Clerk Rebecca E. Schruff and certification by the Civil Service Commission, Alderman Holder made motion seconded by Alderman Lishen and unanimously carried to approve the step increase, Building Official/Zoning Enforcement Officer Vic Lassabe, CSA-9-VII, effective July 1, 2005.
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Alderman Holder made motion seconded by Alderman Lishen and unanimously carried to ratify the Certificate of Authority establishing a business agreement with Whitney Bank, Peoples Bank and Hancock, financial establishments duly designated as municipal depositories for the City of Long Beach.
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The water and sewer bill for Melody Brown, 260 Alexander Road, was taken under advisement for further consideration at the next regular meeting, July 19, 2005.
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The water leak, Long Beach Lookout Restaurant, was taken under advisement for further consideration at the next regular meeting, July 19, 2005.
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Alderman Holder made motion seconded by Alderman Notter and unanimously carried to schedule a public hearing, August 16, 2005, at 6:30 p.m., to provide the general public with an opportunity to comment on the taxing and spending plan incorporated in the proposed budget of the City of Long Beach, Mississippi, for the fiscal year beginning October 1, 2005 and ending September 30, 2006.
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There came on for consideration a letter from the Long Beach Babe Ruth Baseball League, as follows:
Upon discussion, Alderman Holder made motion seconded by Alderman Bennett and unanimously carried to approve funding in the amount of $300.00 to the Babe Ruth Baseball League to offset tournament expenses and to promote the City of Long Beach and advertise the resources and opportunities available.
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Alderman Bennett made motion seconded by Alderman Holder to approve the Interlocal Agreement by and between the City of Long Beach and the Long Beach School District.
The question being put to a roll call vote by the Mayor the result was as follows:
Alderman Notter voted Aye
Alderman Burton voted Aye
Alderman Boggs voted Aye
Alderman Bennett voted Aye
Alderman Lishen voted Aye
Alderman Holder voted Aye
Alderman McNary voted Aye
The question having received the Affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried.
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The Mayor and Board of Aldermen took up the matter of engaging Bond Counsel in connection with the issuance and sale of $475,000.00 GENERAL OBLIGATION STREET AND DRAINAGE BONDS, SERIES 2005, OF THE CITY OF LONG BEACH, MISSISSIPPI. After a discussion of the subject, Alderman Holder offered and moved the adoption of the following Resolution and Order:
RESOLUTION AND ORDER ENGAGING THE FIRM OF BALCH AND BINGHAM, LLP, ATTORNEYS AND COUNSELORS AT LAW, IN CONNECTION WITH THE ISSUANCE AND SALE OF FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($475,000.00) GENERAL OBLIGATION STREET AND DRAINAGE BONDS, SERIES 2005, OF THE CITY OF LONG BEACH, MISSISSIPPI, AND CITY ATTORNEY FRANK R. MCCREARY, III, IN AID THEREOF, AND FOR RELATED PURPOSES.
WHEREAS, the Mayor and Board of Aldermen (the “Governing Body”) of the City of Long Beach, Mississippi (the “Municipality”), having made due investigation therefore, do now find, determine, declare and adjudicate as follows:
1. The Governing Body of the Municipality, in accordance with the Resolution of appointment of Frank R. McCreary, III, as City Attorney in an advisory capacity at an hourly rate of Sixty-five Dollars ($65.00) per hour, and further providing for additional compensation in regard to the borrowing of funds at a percentage fee of not more than one percent (1%) of the amount so borrowed, it has heretofore enlisted services of said City Attorney in the matter of borrowing a sum not to exceed the amount of $475,000.00 for the purposes of repairing streets and repairing, improving and extending the storm and drainage system of the City; and
2. Said City Attorney did proceed to perform services in accordance with the Resolution of his employment relating to all of same; and has advised the Governing Body of the Municipality of the necessity and advisability of engaging Bond Counsel in aid of the issuance and sale of $475,000.00 General Obligation Bonds, Series 2005, of the Municipality to finance such repair of streets and repair, improvement and extension of the storm and drainage system of the City in the public interest and to insure appropriate steps be taken to qualify such bonds as tax-exempt bonds in accordance with federal statutes; and
3. The law firm of Balch and Bingham, LLP, of Gulfport, Mississippi, is qualified to serve as Bond Counsel and has submitted its proposal to serve in such capacity in the issuance and sale of $475,000.00 General Obligation Street and Drainage Bonds, Series 2005, of the Municipality;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
SECTION 1. That the aforesaid City Attorney, Frank R. McCreary, III, has been and hereby is additionally employed in the matter of the issuance and sale of the $475,000.00 General Obligation Street and Drainage Bonds, Series 2005, of the City of Long Beach, Mississippi, and for review and approval of any and all documents and/or instruments, contracts and agreements related thereto for a fee of one-half of one percent (½%) of the amount of said Bonds, or $2,375.00 plus expenses.
SECTION 2. That the law firm of Balch and Bingham, LLP, is hereby employed as Bond Counsel in the matter of the issuance and sale of the aforesaid $475,000.00 General Obligation Street and Drainage Bonds, Series 2005, of the City of Long Beach, Mississippi, at and for the fee of $4,000.00, plus expenses, all subject to the terms and provisions of the June 28, 2005 letter of engagement to the City Clerk, Long Beach, Mississippi, all hereby expressly referred to in aid of and as a part of this Order in the form and substance attached to and made a part hereof by reference as though fully copied herein.
SECTION 3. This resolution shall take effect and be in force from and after its adoption.
Alderman Notter seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote by the mayor, the result was as follows:
Alderman Richard Notter voted Aye
Alderman Richard Burton voted Aye
Alderman Charles A. Boggs voted Aye
Alderman Richard Bennett voted Aye
Alderman Allen D. Holder, Jr. voted Aye
Alderman Joseph McNary voted Aye
Alderman Mark Lishen voted Aye
The question having received the affirmative vote of all the Alderman present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 5th day of July, 2005.
APPROVED:
_________________________________________
WILLIAM SKELLIE, JR., MAYOR
ATTEST:
__________________________________
REBECCA E. SCHRUFF, CITY CLERK
Alderman Bennett made motion seconded by Alderman McNary and unanimously carried to appoint Frank Castigilia to the Harrison County Development Commission.
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Alderman McNary made motion seconded by Alderman Holder and unanimously carried to take the Library Board appointment under advisement for consideration at the next regular meeting, July 19, 2005.
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Alderman McNary made motion seconded by Alderman Holder and unanimously carried to re-appoint Joanna Hudson, Sigrid Seiller, Brian Capo and Bill Matheney to the Long Beach Tree Board, Jul/05-Jul/09. It was noted for the record that George Taquino resigned from the Tree Board and the appointment to fill the vacancy was taken under advisement for consideration at the next regular meeting, July 19, 2005.
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Alderman McNary made motion seconded by Alderman Holder and unanimously carried to re-appoint Rosemary Pike, Henry D’Aquilla, and David Drye to the Long Beach Election Commission, Jul/05-Jul/09.
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The Mayor and Board of Aldermen took up the matter of the appointment of officers of the City of Long Beach, Mississippi, for the four-year term beginning July 1, 2005, and for related purposes. After a discussion of the subject, Alderman Bennett offered and moved the adoption of the following resolution:
A RESOLUTION BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, PROVIDING FOR THE APPOINTMENT OF A CITY CLERK, A TAX ASSESSOR, A TAX COLLECTOR, A DEPUTY CITY CLERK AND A CHIEF OF THE FIRE DEPARTMENT, PRESCRIBING THE DUTIES OF EACH SAID OFFICERS, PROVIDING FOR BONDS AND PAYMENT OF PREMIUM THEREON, AND FOR RELATED PURPOSES.
WHEREAS, the City of Long Beach, Mississippi, is a code charter municipality operating under an aldermanic form of government with a Mayor and seven (7) aldermen; and
WHEREAS, as provided by law the office of City Clerk, Tax Assessor and Tax Collector have heretofore been made appointive rather than elective, and the aforesaid offices of City Clerk, Tax Assessor and Tax Collector have been combined, so as to allow one person to serve as City Clerk, Tax Assessor and Tax Collector; and
WHEREAS, it is necessary and appropriate that the Mayor and Board of Aldermen of the City of Long Beach, Mississippi do now make appointments for the aforesaid offices, as well as for other officers for the City for the four year term beginning July 1, 2005, to serve at the pleasure of the governing authorities of the City, or in the manner as may be required by the Civil Services Laws of the City, and to prescribe the duties of said officers and for bonds for the faithful performance of their duties, and for the payments of the premium of said bonds; now therefore;
BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
SECTION 1. That they are hereby appointed as officers of the City of Long Beach, Mississippi, to the offices set opposite their respective names, the following named persons, who are to enter into bond conditioned upon the faithful performance of their respective duties, in the penal sum also set opposite their respective names:
TITLE OF OFFICE NAME OF OFFICER AMOUNT OF BOND
City Clerk Rebecca E. Schruff $50,000
City Tax Assessor Rebecca E. Schruff $50,000
City Tax Collector Rebecca E. Schruff $50,000
Chief of Fire Department George Bass $0
Deputy City Clerk Stacey Dahl $10,000
Chief of Police Department Harley Schinker $50,000
SECTION 2. The duties of each of said officers, respectively, are as set forth in the Laws if Mississippi applicable to a Code Charter municipality, City Ordinances and such other duties as the Mayor and Board of Aldermen may from time to time prescribe.
SECTION 3. The term of office of each of said officers shall be for a four year term beginning July 1, 2005, which officers shall serve at the pleasure of the governing authorities of the City, or as may be otherwise prescribed by Civil Service Laws of the City, and until their successors, respectively, shall have been appointed and qualified.
SECTION 4. The salaries and/or compensation of each of the aforesaid officers shall be as previously set forth by the Mayor and Board of Aldermen and as may be funded by annual appropriations of the Mayor and Board of Aldermen.
SECTION 5. This resolution shall take effect and be in force from and after its adoption and shall apply retrospectively to coincide with the term of office of the appointing authority beginning July 1, 2005, the aforesaid offices herein appointed having presently served, and whose terms of offices, respectively, having continues to the date of adoption of this resolution.
Alderman McNary seconded the motion to adopt the foregoing resolution, and the question being put to roll call vote by the Mayor, the result was as follows:
Alderman Richard Notter Voted Aye
Alderman Richard Burton Voted Aye
Alderman Charles A. Boggs Voted Aye
Alderman Richard Bennett Voted Aye
Alderman Allen D. Holder, Jr. Voted Aye
Alderman Mark Lishen Voted Aye
Alderman Joseph McNary Voted Aye
The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 5th day of July, 2005.
APPROVED:
__________________________________________
William Skellie, Mayor
ATTEST:
___________________________________
Rebecca E. Schruff, City Clerk
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AN ORDER BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, APPOINTING A CITY ATTORNEY FOR THE CITY, PRESCRIBING HIS DUTIES AND FIXING HIS COMPENSATION, AND FOR RELATED PURPOSES.
BE IT ORDERED BY THE MAYOR AND BOARD OF ALDERMEN OF
THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
SECTION 1. That Frank R. McCreary, III, an attorney licensed to practice law under the laws of the State of Mississippi be, and is hereby appointed City Attorney of the City of Long Beach, Mississippi, for a term beginning July 1, 2005, and continuing until June 30, 2009, to so serve, however, at the pleasure of the governing authorities of the City and until his successor shall have been appointed and qualified.
SECTION 2. That the duties of the City Attorney shall consist of advising the Mayor and Board of Aldermen in matters relating to the corporate and governmental municipal affairs of the City, representing the City in legal matters and litigation wherein the City may be or become involved, drafting appropriate laws, orders, resolutions and ordinances as required by the Mayor and Board of Aldermen and generally to perform those duties required of a city attorney of a Code Charter municipality under the Laws of the State of Mississippi, including borrowing of monies and issuance of notes, certificates of indebtedness and bonds of the City of Long Beach and of the Long Beach Separate School District, where applicable.
SECTION 3. That for his regular duties of attending regular meetings of the Mayor and Board of Aldermen and there advising said governing authority of the municipality in matters relating to the corporate and governmental municipal affairs of the City, Frank R. McCreary, III shall be paid a non-refundable retainer of $1,000.00 per month, in advance, to be paid monthly out of the City Treasury on the first day of each month. In addition to the said monthly retainer, Frank R. McCreary, III, shall be paid an hourly fee of Eighty Dollars ($80.00) per hour for services rendered out of Court, (exclusive of the aforesaid time expended in attendance at regular meetings of the governing authority), and Ninety Dollars ($90.00) per hour for services rendered in Court, to be paid monthly upon billing therefore. In addition, the City Attorney shall be paid a fee not to exceed one percent (1%) of the amount of any notes, certificates of indebtedness, or bonds, issued pursuant to any provision of any applicable law for or on behalf of the City of Long Beach Separate School District. Fees do not include expenses, and for any expense incurred in the performance of his duties, the City Attorney shall be reimbursed as provided by law.
SECTION 4. This Order shall not be constructed to limit in any way the power and authority of the City, acting by and through its Mayor and Board of Aldermen, to appoint or employ any special or additional counsel as authorized by law.
SECTION 5. This Order shall take effect and be in force from and after its adoption, and shall confirm said appointment effective July 1, 2005.
Alderman Holder moved the adoption of the above and foregoing Order, seconded by Alderman Notter and the question being to a roll call vote by the Mayor, the result was as follows:
Alderman Richard Notter Voted Aye
Alderman Richard Burton Voted Aye
Alderman Charles A. Boggs Voted Aye
Alderman Richard Bennett Voted Aye
Alderman Allen D. Holder, Jr. Voted Aye
Alderman Mark Lishen Voted Aye
Alderman Joseph McNary Voted Aye
The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried.
APPROVED:
__________________________________________
William Skellie, Mayor
ATTEST:
____________________________________
Rebecca E. Schruff, City Clerk
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The Mayor and Board of Aldermen of the City of Long Beach, Mississippi, took up the matter of appointing a Municipal Court Judge, Municipal Court Judge(s) Pro-Tempore, a Prosecuting Attorney, Prosecuting Attorney(s) Pro-Tempore, A Municipal Court Clerk and Municipal Deputy Court Clerk(s) of and for the City of Long Beach, Mississippi. After a discussion of the subject, Alderman Bennett offered and moved the adoption of the following resolution and order:
A RESOLUTION AND ORDER BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, PROVIDING FOR THE APPOINTMENT OF A MUNICIPAL COURT JUDGE, A PROSECUTING ATTORNEY, MUNICIPAL COURT JUDGE(S) PRO-TEMPORE, PROSECUTING ATTORNEY(S) PRO-TEMPORE, A MUNICIPAL COURT CLERK AND MUNICIPAL DEPUTY COURT CLERK(S), FOR THE MUNICIPAL COURT SYSTEM OF SAID CITY, PROVIDING FOR SALARY AND/OR COMPENSATION OF SAID OFFICERS, AND FOR RELATED PURPOSES.
BE IT RESOLVED AND ORDERED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
Section 1. That the following persons be, and hereby are, appointed as officers of the Municipal Court System of the City of Long Beach, Mississippi, at and for the salary and/or compensation hereinafter set forth:
(a) As Municipal Court Judge, Glenn F. Rishel, Jr., an attorney duly licensed to practice law under the laws of the State of Mississippi and practicing law in Harrison County, Mississippi, at and for a monthly salary of $1,500.00 per month to be paid monthly out of the City Treasury.
(b) As Municipal Prosecuting Attorney, W. F. Holder, II, and attorney duly licensed to practice law under the laws of the State of Mississippi and practicing law in Harrison County, Mississippi, at and for the monthly salary of $1,000.00 per month to be paid out of the City Treasury. For services performed on appeals from the decision of the Municipal Court Judge, the Prosecuting Attorney shall be compensated additionally upon such terms and for such additional compensation as may be provided by the Mayor and Board of Aldermen at the rate of $65.00 per hour for such additional services rendered.
(c) As Municipal Court Clerk, Mary Jane Marsland, whose salary shall be as previously established by the Governing Authorities of the City of Long Beach, Mississippi.
(d) As Municipal Court Judges Pro-Tempore, Frank P. Wittman, III, Stephen J. Maggio, Richard J. Smith and Riley Morse, all attorneys duly licensed to practice under the laws of the State of Mississippi and practicing law in Harrison County, Mississippi, at and for the compensation of $200.00 per case, not to exceed $250.00 per court session for each appearance as Municipal Court Judge.
e) As Municipal Prosecuting Attorneys Pro-Tempore, Robert Koon, F. Philip Wittmann, IV, Charles Stuart, Rufus Alldredge and William Convington, all attorneys duly licensed to practice law under the laws of the State of Mississippi, at and for the compensation of $200.00 per case not to exceed $250.00 per Court Session for each appearance as Municipal Prosecutor Pro-Tempore.
(f) As Municipal Deputy Court Clerks, Laura Howe, whose salary shall be as previously established by the Governing Authorities of the City of Long Beach, Mississippi.
SECTION 2. The aforesaid officers hereinabove in Section 1 shall serve at the pleasure of the Mayor and Board of Aldermen for a four year term beginning July, 2005, and/or until their respective successors shall have been appointed and qualified.
SECTION 3. This resolution and order shall take effect and be in force from and after its adoption.
Alderman Holder seconded the motion to adopt the foregoing resolution and order, and the question being put a roll call vote by the Mayor, the result was as follows:
Alderman Richard Notter Voted Aye
Alderman Richard Burton Voted Aye
Alderman Charles A. Boggs Voted Aye
Alderman Richard Bennett Voted Aye
Alderman Allen D. Holder, Jr. Voted Aye
Alderman Mark Lishen Voted Aye
Alderman Joseph McNary Voted Aye
The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried and the resolution and order adopted and approved this the 5th day of July, 2005.
APPROVED:
__________________________________________
William Skellie, Mayor
ATTEST:
___________________________________
Rebecca E. Schruff, City Clerk
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There came on for consideration appointments to the Long Beach Planning Commission for term beginning July, 2005, and ending July, 2007, and action was taken as follows:
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Alderman Boggs made motion seconded by Alderman Holder and unanimously carried to appoint Dr. Llewellyn Powell as the representative for Ward 1.
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Alderman Holder made motion seconded by Alderman Lishen to re-appoint David Serrato as the representative at-large.
The question being put to a roll call vote by the Mayor, the result was as follows:
Alderman Burton voted Nay
Alderman Notter voted Nay
Alderman Boggs voted Nay
Alderman Bennett voted Aye
Alderman Holder voted Aye
Alderman Lishen voted Aye
Alderman McNary voted Aye
The question having received the AFFIRMATIVE vote of a majority of the Aldermen present and voting, the Mayor declared the MOTION CARRIED.
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Alderman McNary made motion seconded by Alderman Holder and unanimously carried to re-appoint Joe Sweetapple as the representative for Ward 4.
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Alderman Lishen made motion seconded by Alderman Holder and unanimously carried to appoint Dale Stogner as the representative for Ward 5.
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Alderman Burton made motion seconded by Alderman Notter and unanimously carried to re-appoint Roderick Rishel as the representative for Ward 3.
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Alderman Notter made motion seconded by Alderman Holder and unanimously carried to appoint Frank Reed as the representative for Ward 2.
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Based upon the recommendation of Mayor Skellie, Alderman Holder made motion seconded by Alderman Bennett and unanimously carried to re-appoint Tony Van Court and Frank Olaiver as the Mayor’s representatives at-large.
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Alderman Bennett’s Ward 6 appointment was taken under advisement for consideration a later date.
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Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to approve the consultant agreement by and between the City of Long Beach and Brian Dove, as follows:
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There came on for consideration assistance from the Long Beach Water Management District and the National Resource Conservation Service in cleaning and widening Canal #1. After considerable discussion regarding citywide drainage problems, the City Attorney was directed to research the dissolution of the Long Beach Water Management District. Alderman McNary requested that the matter remain on the agenda until resolved.
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There came on for consideration drainage and flooding problems on Gandy Circle and several residents were present to address the problem. After considerable discussion, it was determined that the City will schedule maintenance on the drainage ditch and street and review the recommendations of the City Engineer.
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There came on for consideration maintenance of Reinike Lake and the Mayor recognized Mike Wren for comments. Mr. Wren stated that the lake is choked with water hyacinths and, while the lake is private property, it is an intricate part of the city’s drainage system. After considerable discussion, it was determined that the City would research avenues to resolve the problem.
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Due to a possible conflict of interest, Alderman Lishen was recused from the open meeting.
* *
There came on for consideration the matter of placing a moratorium on permits for condominium development. After considerable discussion, Alderman Notter made motion seconded by Alderman Boggs to impose a moratorium on all permits issued from this date forward for high density developments as defined in the existing Ordinance number 502, at least through the end of the litigation period scheduled for June 29, 2005, concerning the aforesaid ordinance, in order to allow the newly elected Aldermen the opportunity to assess the impact to their wards and provide the opportunity to contact their constituents and educate them on what the true impact is of these developments.
The question being put to a roll call vote by the Mayor, the result was as follows:
Alderman McNary voted Nay
Alderman Lishen voted Absent, Not Voting
Alderman Holder voted Nay
Alderman Bennett voted Nay
Alderman Boggs voted Aye
Alderman Burton voted Aye
Alderman Notter voted Aye
The question having received the TIE vote of the Aldermen present and voting, the Mayor cast a NEGATIVE vote and declared the motion NOT CARRIED.
* *
Alderman Lishen returned to the open meeting.
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Upon discussion, it was determined that the “.pdf” scanning of minutes and posting to the city’s website is being implemented.
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There came on for consideration light intrusion and pollution of existing homeowners. After considerable discussion, it was determined that there is no violation regarding the property in question and there was no formal action required or taken.
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The drainage culvert replacement, Klondyke Road, was taken under advisement for further consideration at the next regular meeting, July 19, 2005.
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There came on for consideration the matter of pending litigation and discussion was held to preliminarily determine whether or not to declare an executive session.
Upon discussion, Alderman Holder made motion seconded by Alderman Lishen to meet in executive session for the transaction of public business, to-wit: to discuss with and seek the legal advice and counsel of the City Attorney regarding pending litigation.
The question being put to a roll call vote by the Mayor, the result was as follows:
Alderman Burton voted Aye
Alderman Notter voted Aye
Alderman Boggs voted Aye
Alderman Bennett voted Aye
Alderman Holder voted Aye
Alderman Lishen voted Aye
Alderman McNary voted Aye
The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried, whereupon, the Mayor and Board of Aldermen met in executive session.
* *
The meeting resumed in open session, and based upon discussion held and information obtained in executive session, there was no formal action required or taken at this time.
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There being no further business to come before the Mayor and Board of Aldermen at this time, Alderman Holder made motion seconded by Alderman Lishen and unanimously carried to adjourn until the next regular meeting in due course.
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APPROVED:
Allen D. Holder, Jr., At-Large
Charles Boggs, Ward 1
Richard Notter, Ward 2
Richard Burton, Ward 3
Joseph McNary, Ward 4
Mark Lishen, Ward 5
Richard Bennett, Ward 6
Date
ATTEST:
Rebecca E. Schruff, City Clerk
