Not Approved Minutes - June 21, 2005

Be it remembered that a 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 third Tuesday in June , 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., Gary Ponthieux, Jimmy Levens, Jerry Rouse, 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 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 May 18, 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 of the City’s intent to issue general obligation bonds in the maximum amount of $475, 000, as evidenced by the Publisher’s Proof of Publication.
Aldermen Levens made motion seconded by Alderman Ponthieux and unanimously carried to spread said proof of publication upon the minutes in words and figures, as follows:

After a discussion of the subject, Alderman Levens offered and moved the adoption of the following resolution:

RESOLUTION FINDING AND DETERMINING THAT THE RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, TO ISSUE GENERAL OBLIGATION BONDS OF THE MUNICIPALITY IN THE MAXIMUM PRINCIPAL AMOUNT OF FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($475,000.00) ADOPTED ON THE 18TH DAY OF MAY, 2005, WAS DULY PUBLISHED AS REQUIRED BY LAW; THAT NO WRITTEN PROTEST OR OTHER OBJECTION OF ANY KIND OR CHARACTER AGAINST THE ISSUANCE OF THE BONDS DESCRIBED IN SAID RESOLUTION HAS BEEN FILED BY THE QUALIFIED ELECTORS; AND AUTHORIZING THE ISSUANCE OF THE SAID BONDS.

WHEREAS, the Mayor and Board of Aldermen of the City of Long Beach, Mississippi, (the “Governing Body”) acting for and on behalf of the said City of Long Beach, Mississippi (the “Municipality”), hereby finds, determines, adjudicates and declares as follows:
1. Heretofore, on the 18th day of May, 2005, the Governing Body adopted a resolution entitled “RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, TO ISSUE GENERAL OBLIGATION BONDS OF SAID MUNICIPALITY IN THE MAXIMUM PRINCIPAL AMOUNT OF FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($475,000.00) TO RAISE MONEY FOR THE PURPOSE OF (1) REPAIRING STREETS; AND (2) REPAIRING, IMPROVING AND EXTENDING THE STORM AND DRAINAGE SYSTEM OF THE CITY OF LONG BEACH, AND DIRECTING PUBLICATION OF NOTICE OF SUCH INTENTION.” , wherein the Governing Body found, determined and adjudicated that it is necessary that Bonds of the Municipality be issued in an amount, for the purpose and secured as aforesaid, declared its intention to issue said Bonds, and fixed 7:00 o’clock p.m. on June 21, 2005 as the date and hour on which it proposed to direct the issuance of said Bonds, on or prior to which date and hour any protest to be made against the issuance of such Bonds was required to be filled.
2. As required by law and as directed by the aforesaid Resolution, said Resolution was published once a week for at least three (3) consecutive weeks in The Sun Herald, a newspaper published in the First Judicial District of Harrison County, Mississippi, qualified under provisions of Section 13-3-31, Mississippi Code of 1972, and having general circulation in the Municipality, the first publication having been made not less than twenty-one (21) days prior to June 21, 2005, the date upon which this Governing Body proposed to direct the issuance of the Bonds described therein, and the last publication having been made not more than seven (7) days prior to such date, said notice having been published in said newspaper on May 23, 2005, May 30, 2005, and June 6, 2005, as evidenced by the Publisher’s Affidavit heretofore presented and filed; and, in addition, copies of the said Resolution were posted at three (3) public places in the municipality for at least twenty-one (21) days preceding the date fixed as the date upon which the Mayor and Board of Aldermen proposed to direct the issuance of said Bonds.
3. On or prior to the hour of 7:00 o’clock p.m., on June 21, 2005, no written protest or other objection of any kind or character against the issuance of the Bonds described in the aforesaid Resolution had been filed or presented by any qualified electors of the Municipality.
4. The Governing Body is now authorized and empowered by the provisions of Section 21-33-301 to 21-33-329, Mississippi Code of 1972, to issue the hereafter described Bonds without an election on the question of the issuance thereof.
5. The amount of said Bonds so proposed to be issued, when added to the outstanding indebtedness of the Municipality, will not exceed any constitutional or statutory limitation of indebtedness.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY AS FOLLOWS:
SECTION 1. General Obligation Bonds of the Municipality are hereby authorized to be issued in the maximum principal amount of Four Hundred Seventy-five Thousand Dollars ($475,000.00) to raise money for the purpose of (1) repairing streets and (2) repairing, improving and extending the storm and drainage system of the City of Long Beach. Such Bonds will be general obligations of the Municipality payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct and continuing tax to be levied annually without limitation as to time, rate or amount upon all taxable property within the geographical limits of the Municipality.
SECTION 2. Said Bonds shall be issued and offered for sale in accordance with the further orders and directions of this Governing Body.
Alderman Rouse 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 Jimmy Levens voted Aye
Alderman Jerry Rouse voted Aye
Alderman Gary Ponthieux 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 Aldermen present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 21st day of June, 2005.

APPROVED:

_________________________________________
WILLIAM SKELLIE, JR., MAYOR

ATTEST:

__________________________________
REBECCA E. SCHRUFF, CITY CLERK

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The Clerk further reported that proposals were solicited for Bond Counsel and three were received as follows:
Watkins, Ludlam, Winter & Stennis, P.A.
One Hancock Plaza
2510 – 14th Street
Post Office Drawer 160
Gulfport, Mississippi 39502
(228) 864-3094

Balch & Bingham, LLP
1310 Twenty-Fifth Avenue
Gulfport, MS 39501
(228) 864-9900
Blackwell & White
1613 Twenty-Third Avenue
Gulfport, MS 39501
(228) 864-1484
Upon discussion, Alderman Holder made motion seconded by Alderman Bennett and unanimously carried to take the aforementioned proposals under advisement for consideration at the next regular meeting, July 5, 2005.
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The Mayor and Board of Aldermen proclaimed June 18, 2005, as Coach Paul Magee Day for his dedication to public service. The Mayor reported that the school officially dedicated the Lance Lumpkin football stadium as the “Lumpkin/Magee Stadium”.
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The Mayor and Board of Aldermen commended and congratulated the diligence of the pastors and parishioners of St. Thomas the Apostle Catholic Church upon the occasion of the Church’s 100th year anniversary and extended warmest wishes for continuedprosperity, spiritual growth and success.
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Alderman Levens made motion seconded by Alderman Bennett and unanimously carried to suspend the rules and amend the Municipal Docket to include the following:
Item. VIII.4. APPROVE MINUTES – Recreation Board – April 24, 2005; May 19, 2005; June 16, 2005.
Item. IX.1.a. APPROVE DOCKET OF CLAIMS NUMBER(S) – 062105 – Revisions to Docket of Claims.
Item X.5.b. DEPARTMENTAL BUSINESS – CITY CLERK – High Density Fees.
Item XIII. 1. REPORT FROM CITY ATTORNEY – Ordinances Adjusting Mayor and Aldermen Salaries.
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The Mayor opened the floor for public comments, as follows:
Joanna Hudson expressed gratitude and appreciation to Aldermen Gary Ponthieux, Jerry Rouse and Jimmy Levens.
Dr. Pat Pierce expressed his concern regarding whether or not high density fees are refundable.
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Due to a possible conflict of interest, Alderman Lishen was recused from the open meeting.
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Alderman Holder made motion seconded by Alderman Bennett and unanimously carried to approve the recess meeting minutes of the Mayor and Board of Aldermen dated June 8, 2005, as submitted.
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Alderman Lishen returned to the open meeting.
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There came on for consideration the June 9, 2005, Planning Commission minutes.
Upon discussion, it was determined that the storage structure at 113 East Avenue, Greg and Susan Lamberg’s application for home occupation, will be constructed behind the main residence
Additional discussion was held regarding the certificate of re-subdivision as submitted by Gregory Smith for property located on Daugherty Road two-hundred feet west of Fred Allen Road. A set of construction plans for Hidden Cove Subdivision as submitted by Mr. Smith depicts the subject property as ingress and egress for the proposed subdivision. Should the certificate of re-subdivision be granted, it would effectively land lock the proposed 19 lot subdivision except through Fred Allen Road, which can not handle the traffic flow. Mr. Smith stated that the subdivision was approved as a five acre development and once the acre lot on Daugherty Road is eliminated, then the subdivision construction plans would have to be redrawn and resubmitted for approval by the Planning Commission and the Mayor and Board of Aldermen. It was the consensus of the Mayor and Board of Aldermen that should the property be developed by the present owner or any future owners, ingress and egress through Fred Allen Road WOULD NOT be approved.
There being no further discussion, Alderman Holder made motion seconded by Alderman Levens and unanimously carried to approve the aforementioned Planning Commission minutes, as submitted.
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Alderman Levens made motion seconded by Alderman Rouse and unanimously carried to approve the June 16, 2005, Port Commission minutes, as submitted.
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Alderman Levens made motion seconded by Alderman Holder and unanimously carried to approve the April 24, 2005, May 19, 2005, and June 16, 2005, minutes of the Recreation Board. It was noted for the record that on April 24th and May 19th there were an insufficient number of board members present to constitute a quorum and no official actions taken. The Mayor and Board of Aldermen will contact their respective appointments regarding this matter.
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Due to a possible conflict of interest, Alderman Levens was recused from the open meeting.
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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 062105, inclusive of the invoice to Election Commissioner Rosemary Pike in the amount of $125.00 and excluding invoice number 0329735 to Office Max in the amount of $258.00 for (2) returned scanners.
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Alderman Levens returned to the open meeting.
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The Mayor announced several upcoming centennial celebration events.
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The Mayor and Board of Aldermen took up the matter of applying to the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) Grant to assist in employing necessary firefighters for the City of Long Beach, and authorization for such application, and if such grant application is successful, carrying out the grant project, and for related purposes. After a discussion of the subject, Alderman Holder 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, AUTHORIZING APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS) AND/OR THE U.S. FIRE ADMINISTRATION FOR A STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT TO ASSIST IN EMPLOYING NECESSARY FIREFIGHTERS FOR THE CITY OF LONG BEACH, MISSISSIPPI, AUTHORIZING THE APPLICATION FOR SUCH GRANT AND, IF SUCH APPLICATION IS SUCCESSFUL, CARRYING OUT THE GRANT PROJECT, AND FOR RELATED PURPOSES.
WHEREAS, the Mayor and Board of Aldermen of the City of Long Beach, Mississippi, after due investigation and consideration of the program guidelines for application for a Staffing for Adequate Fire and Emergency Response (hereinafter SAFER) Grant to assist in employing necessary firefighters for the City of Long Beach, which guidelines have been provided to the City by the U.S. Department of Homeland Security (hereinafter DHS) and pertain to the submission to DHS and/or the U.S. Fire Administration of application for a SAFER grant, by which grant the City, if successful, may obtain a grant to aid the City financially in the employment of necessary firefighters for the City’s Fire Department, do now find and determine as follows:
A. That it is in the best interest of the City that the City apply for a SAFER grant to assist the City in providing fire protection to the community by providing financial assistance to carry out a grant project consisting of employing additional firefighters for the City’s fire department, at a cost to the City of approximately $1,119,990.00 required as matching funds over a period of 5 years, with $1,119,990.00 of such cost to be provided over a period of 5 years by grant proceeds, if the application for such grant is successful; and
B. DHS prefers that grant application be made online and that grant applications are to be submitted to SAFER Grant Office Technical Assistance Center, c/o the U.S. Fire Administration, and application forms are available online or in printed form; and
C. The Mayor of the City should be authorized and directed to cause completion of such application documents as is necessary for the City to apply for such funding and to execute for and on behalf of the City any and all documents and agreements, including but not limited to the SAFER Grant application provided by DHS and/or the U.S. Fire Administration, and if such grant is awarded, on behalf of the City to receive approval of such grant application, to receive grant funds, and to execute on behalf of the City such documents and agreements as are necessary to carry out the project described in said application; and
D. It appears at this time that the general fund of the City will be sufficient to provide matching funds required by the terms of the grant, and if such application is successful, the matching funds required by the grant terms should be provided and paid out of the City’s general fund.
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 Mayor and Board of Aldermen desire to apply for a Staffing for Adequate Fire and Emergency Response (SAFER) Grant to assist in employing necessary firefighters for the City and, if such application is successful, to provide the 50% matching funds (approximately $1,119,990) necessary to carry out the proposed grant project of employing nine (9) additional firefighters, as follows:
Year Federal Grant Share City Share
1 $403,200.00 $ 44,798.00
2 $358,396.00 $ 89,600.00
3 $223,998.00 $ 223,998.00
4 $134,398.00 $ 313,598.00
5 -0- $ 447,996.00
and to do all things necessary and to authorize the Mayor and City Clerk to execute any and all documents and agreements necessary to make such application and, if successful, to receive approval of such grant application, to receive grant funds, and to carry out such project.
SECTION 2. The Mayor and Board of Aldermen have reviewed the guidelines for such grant and the funding participation required of the City of Long Beach, Mississippi, by said grant program, and agree that if its application is approved the City will (A) provide the required local matching funds, in this case 50% of the cost of the project, as is more particularly set forth in Section 1, above, and (B) will carry out the project as described in the approved application;
SECTION 3. The Mayor and the City Clerk of the City are hereby authorized and directed to cause completion of such application documents as are necessary for the City to apply for such grant and on behalf of the City file an application with the DHS and/or the U. S. Fire Administration Mississippi Department of Transportation for a SAFER grant to assist in employing necessary additional firefighters for the City and to execute for and on behalf of the City any and all documents and agreements, including but not limited to the grant application, either online or in paper form, as provided by said governmental agency, and if such grant application is approved, on behalf of the City to accept such grant approval and receive grant funds and execute any and all documents and agreements as are necessary to participate in such grant program and carry out the grant project.
SECTION 4. If such application is successful, the matching funds required by the grant terms should be provided and the City Clerk is hereby authorized to pay same out of the City’s General Fund.
SECTION 5. This resolution shall take effect and be in force from and after its adoption.
Alderman Levens 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 Jimmy Levens voted Aye
Alderman Jerry Rouse voted Aye
Alderman Gary Ponthieux 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 Aldermen present and voting, the Mayor declared the motion carried and the resolution adopted and approved this the 21st day of June, 2005.
APPROVED:

_________________________________________
WILLIAM SKELLIE, JR., MAYOR

ATTEST:

__________________________________
REBECCA E. SCHRUFF, CITY CLERK

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Based upon the recommendation of Fire Chief George Bass and certification by the Civil Service Commission, Alderman Holder made motion seconded by Alderman Rouse and unanimously carried to accept the resignation of Firefighter Shane Walker effective June 30, 2005.
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Based upon the recommendation of Police Chief Harley Schinker and certification by the Civil Service Commission, Alderman McNary made motion seconded by Alderman Bennett and unanimously carried to approve personnel matters, as follows:
Step Increase, Evidence Tech Carl Campbell, CSA-5-VII, effective August 1, 2005;
Step Increase, Patrolman 1st Class Kevin Routzahn, effective PS-10-B, effective August 16, 2005;
Step Increase, Desk Clerk Barbara Rennie, CSA-1-IV, effective August 16, 2005;
Step Increase Dispatcher 1st Class Dee Rowan, PS-3-V, effective August 16, 2005;
Step Increase Dispatcher 1st Class Derrick Rowe, PS-3-B, retro-effective June 1, 2005;
Step Increase Dispatcher 1st Class Crystal Pittman, PS-3-B, effective August 16, 2005.
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There came on for consideration a letter with attachments from City Engineer David Ball, as follows:

Upon discussion Alderman McNary made motion seconded by Alderman Holder and unanimously carried to accept the recommendation of the City Engineer as set forth above.
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Alderman McNary made motion seconded by Alderman Bennett and unanimously carried to approve the Tidelands Grant Application for Fiscal Year 2007 as submitted by City Engineer John Campton and approved by the Port Commission in their minutes of June 16, 2005.
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Alderman Levens made motion seconded by Alderman Holder and unanimously carried to appoint Steve Nicosia to the Long Beach Port Commission as the representative for Ward 2 to fill the unexpired term of Tom Wescovich, Present-May/2006.
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Alderman McNary made motion seconded by Alderman Levens and unanimously carried to approve Summer Recreation expenditures, as follows:

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The intersection at Beatline Road and Lovers Lane was taken under advisement for further consideration at the regular meeting of July 19, 2005
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The water and sewer disconnect ordinance was taken under advisement for further consideration at the next regular meeting, July 5, 2005.
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Based upon the recommendation of the City Clerk, Alderman Levens made motion seconded by Alderman Holder and unanimously carried to ratify the investment of high density water and sewer tap fees and contribution agreement fees in six month certificates of deposit.
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Based upon budget constraints, Alderman McNary made motion seconded by Alderman Holder and unanimously carried to deny the request for financial assistance as submitted by Kyle Libby, student ambassador.
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The Mayor recognized Mr. Steve Nicosia to discuss drainage and storm water control between Nicholson and Gulf View Avenue. Mr. Nicosia submitted photographs
for the record as follows:

It was determined that the area in question is a flood zone and drainage has been impacted due to expansion and development from USM Gulf Park, north, to Allen Road and further.
After considerable discussion regarding high-rise, high-density development and the lack of funding to correct existing drainage problems city-wide, there was no formal action required or taken regarding this matter.
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Alderman Bennett made motion seconded by Alderman Holder and unanimously carried to purchase a full-page ad for $1,062.50 in the Long Beach Centennial Special Section of the Sun Herald to promote the City of Long Beach and advertise the opportunities and resources available.
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The interlocal agreement by and between the City of Long Beach and the Long Beach School District was taken under advisement for consideration at the next regular meeting, July 5, 2005.
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The Mayor and Board of Aldermen took up the matter of proposed rules and regulations for the proposed seismic testing and offshore regulations drilling in the Gulf of Mexico and for related purposes. After discussion of the subject, Alderman Bennett offered and moved the adoption of the following resolution:

A RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, REQUESTING THE MISSISSIPPI DEVELOPMENT AUTHORITY AND THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY TO STRENGTHEN PROPOSED RULES AND REGULATIONS FOR PROPOSED SEISMIC TESTING AND OFFSHORE DRILLING IN THE GULF OF MEXICO, AND THAT SUCH ACTIVITIES BE CONDUCTED AT LEAST TWELVE (12) NAUTICAL MILES SOUTH OF THE BARRIER ISLANDS IN THE MISSISSIPPI SOUND, AND FOR RELATED PURPOSES:
WHEREAS, the Mayor and Board of Aldermen (hereafter “the Board”) has previously expressed its concern with regard to the proposed adoption of Rules and Regulations for seismic testing near the barrier islands, in the Mississippi Sound; and
WHEREAS, the Board is of the opinion that proposed Rules and Regulations for seismic testing should be strengthened, as far as possible, to protect the environment in and around the area of the barrier islands; and
WHEREAS, in any event, such seismic testing should be conducted at least twelve (12) nautical miles south of the barrier islands; and
WHEREAS, the Board is advised that once seismic testing has been completed, there is a strong possibility that drilling operations will commence near the barrier islands; and
WHEREAS, the Board should request the Mississippi Development Authority and the Mississippi Department of Environmental Quality to require that any off shore drilling should be at least twelve (12) nautical miles south of the barrier islands in the Mississippi Sound.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:
SECTION 1. The findings, conclusions, and statements of fact contained in the foregoing preamble are hereby adopted, ratified, and incorporated herein.
SECTION II. Upon the adoption of the Resolution, the Mayor and Board of Aldermen of the City of Long Beach do hereby request the Mississippi Development Authority and the Mississippi department of Environmental Quality to strengthen, as far as possible, proposed Rules and Regulations for seismic testing and that such activity should be conducted at least twelve (12) nautical miles south of the barrier islands.
SECTION III. Further, that any off shore drilling in the Mississippi Sound should be conducted at least (12) nautical miles south of the barrier islands.
SECTION IV. That a certified copy of this Resolution shall be forwarded to the Mississippi Development Authority and the Mississippi Department of Environmental Quality.
Alderman Lishen seconded the motion to adopt the above and foregoing Resolution and the question being to a roll call vote by the Mayor, the result was follows:
Alderman Levens voted Aye
Alderman Rouse voted Aye
Alderman Ponthieux 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 this the 21st day of June, 2005.
APPROVED:

William Skellie, Jr., Mayor
ATTEST:

Rebecca E. Schruff, City Clerk

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ORDINANCE NO. 511

AN ORDINANCE BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AMENDING SECTIONS 1 AND 2 OF ORDINANCE NO. 357 OF THE CITY, ENTITLED, “AN ORDINANCE BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, FIXING AND ESTABLISHING THE SALARIES AND COMPENSATION OF THE ALDERMEN OF SAID CITY, PROVIDING FOR THE PAYMENT OF EXPENSES OF SAID ALDERMEN AND OTHER OFFICERS AND EMPLOYEES OF SAID CITY REASONABLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR RESPECTIVE OFFICIAL DUTIES, AND FOR RELATED PURPOSES” AS AMENDED BY ORDINANCE NO. 398, SO AS TO INCREASE THE ANNUAL SALARY AND COMPENSATION OF EACH ALDERMAN, 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, determined, adjudicate and declare as follows:

1. That the Municipality is a Code Charter Municipality organized and existing under and by virtue of the laws of the State of Mississippi, operating under an aldermanic form of government, consisting of a Mayor and seven (7) aldermen, six of which aldermen are elected by a vote of the electors residing in each of their respective Wards, and one of which aldermen is elected at large; and

2. That total assessed value of property within the Municipality subject to levy of ad valorem taxes is in excess of $93,000,00; that the budget for the Municipality for the 2004-2005 fiscal year, compiled by the Governing Body, provides for expenditure of the total sum of $16,266,194.00; and that approximately 120 persons are employed, full time, by the Municipality; and

3. That the present salary and compensation of each alderman of the Municipality is $7,200.00 per year, was fixed by Ordinance No. 298, adopted October 4, 1989, and which salary is significantly less than that warranted by the responsibilities of and duties placed upon each alderman of the Municipality as reflected by the information set forth in paragraph 2, above, and further, which sum is substantially inadequate to compensate each alderman of the Municipality for the demands of the office he holds; and

4. It is reasonable, necessary and proper that the salary and compensation of each of the aldermen be increased, and said Ordinance No. 357, as amended by said Ordinance No. 398, should be amended to increase by the sum of $2,400.00, the annual salary of each alderman of the Municipality. Now therefore,

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:

SECTION 1. Salary and Compensation of Ward Aldermen.
In order to provide a salary commensurate with the duties and responsibilities of Ward Aldermen in the City of Long Beach, Mississippi, and to reflect the demands of the office they hold, Section 1 of Ordinance No. 357 of the City of Long Beach, Mississippi, as amended by Ordinance No. 298, is hereby amended to read as follows:
“Section 1. Salary and Compensation of Ward Aldermen.
The annual salary of each alderman elected by vote of the electorate, respectively, in his or her respective ward of residence is hereby fixed and established in the sum and amount of Nine Thousand Six Hundred and No/100 Dollars ($9,600.00) per year.”
SECTION 2. Salary and Compensation of Alderman at Large.
In order to provide a salary commensurate with the duties and responsibilities of Alderman at Large in the City of Long Beach, Mississippi, and to reflect the demands of the office he holds, Section 2 of Ordinance No. 357 of the City of Long Beach, Mississippi, as amended by Ordinance No. 298, is hereby amended to read as follows:
“SECTION 2. Salary and Compensation of Alderman at Large.
The annual salary of the alderman at large, elected by vote of the entire electorate of the Municipality, is hereby fixed and established in the sum and amount of Nine Thousand Six Hundred and No/100 Dollars ($9,600.00) per year.”
SECTION 3. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance, or the application thereof, be held by any court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the remaining portions of this Ordinance.
SECTION 4. Effective Date
This ordinance shall take effect and be and force thirty (30) days after its adoption, publication and enrollment thereof as provided by law.
The above and foregoing Ordinance No. 511 was introduced in writing by Alderman Levens who moved its adoption. Alderman Holder seconded the motion to adopt the Ordinance, and after discussion, no member of the Board of Aldermen having requested the Ordinance to be read by the City Clerk, and the question being put to a roll call vote, the result was as follows:
Alderman Jimmy Levens voted Aye
Alderman Jerry Rouse voted Aye
Alderman Gary Ponthieux voted Aye
Alderman Richard Bennett voted Aye
Alderman Allen D. Holder, Jr. voted Aye
Alderman Joseph McNary voted Nay
Alderman Mark Lishen voted Nay
The question having received the affirmative vote of a majority the Alderman present and voting, the Mayor declared the motion carried and the said Ordinance adopted and approved this the 21st day of June, 2005.
APPROVED:

_________________________________________
WILLIAM SKELLIE, JR., MAYOR

ATTEST:

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REBECCA E. SCHRUFF, CITY CLERK

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ORDINANCE NO. 512

AN ORDINANCE BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AMENDING SECTION 1 OF ORDINANCE NO. 356 WHICH FIXES AND ESTABLISHES THE SALARY AND COMPENSATION OF THE MAYOR OF SAID CITY, PROVIDES FOR PAYMENT OR REIMBURSEMENT OF EXPENSES OF SAID MAYOR WHICH ARE REASONABLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THE OFFICIAL DUTIES OF SAID MAYOR, AND FOR RELATED PURPOSES, AS AMENDED BY ORDINANCE 472, TO INCREASE THE ANNUAL SALARY AND COMPENSATION OF THE MAYOR, AND FOR RELATED PURPOSES.

1. That the Municipality is a Code Charter Municipality organized and existing under and by virtue of the laws of the State of Mississippi, operating under an aldermanic form of government.

2. That the Governing Body now consists of a Mayor and seven (7) aldermen, elected as follows:

a. A Mayor elected or to be elected at large by vote of the entire electorate of the Municipality; and

b. Six (6) Aldermen, each to reside in and elected or to be elected, respectively, by vote only of the electorate residing in each of the wards, numbered, respectively, Ward 1, Ward 2, Ward 3, Ward 4, Ward 5 and Ward 6; and one (1) Alderman at large elected by a vote of the entire electorate of the Municipality; and

3. That it is reasonable, necessary and proper that the salary and compensation of the Mayor be fixed and established from time to time as may be reasonably determined necessary by the Governing Authorities, to take effect on and after the effective date of the Ordinance fixing same; and

4. That the present salary of the Mayor is $43,688.00 per year, was fixed by Ordinance No. 472, adopted September 26, 2000, and is significantly less than that warranted by the responsibilities and duties of the Mayor of the Municipality and is substantially inadequate to compensate the Mayor for the demands of the office he holds; and

4. It is reasonable, necessary and proper that the salary and compensation of the Mayor of the Municipality be increased, and said Ordinance No. 356, as amended by said Ordinance No. 472, should be amended to increase by the sum of $12,312.00. Now therefore,

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LONG BEACH, MISSISSIPPI, AS FOLLOWS:

SECTION 1. Salary and Compensation of the Mayor.
In order to provide a salary commensurate with the duties and responsibilities of Mayor of the City of Long Beach, Mississippi, and to reflect the demands of the office he holds, Section 1 of Ordinance No. 356 of the City of Long Beach, Mississippi, as amended by Ordinance No. 472, is hereby amended to read as follows:
“Section 1. Salary and Compensation of Mayor.
(a) The annual salary of the Mayor of the City of Long Beach, Mississippi, is hereby fixed and established in the sum and amount of Fifty-six Thousand and No/100 Dollars ($56,000.00) per year.
(b) In addition to his or her salary, the Mayor of the Municipality shall be furnished by the Municipality the use of a four-door passenger vehicle, together with all maintenance, upkeep and equipment to be provided by the Municipality, the same to be used by the Mayor in and about the reasonable performance of his or her duties, as Mayor. The personal use of such vehicle by the Mayor, if any there be, shall be reimbursed to the Municipality in conformance with all present and future laws and regulations of the Federal and State of Mississippi Revenue Codes.”
SECTION 2. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance, or the application thereof, be held by any court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the remaining portions of this Ordinance.
SECTION 3. Effective Date
This ordinance shall take effect and be and force thirty (30) days after its adoption, publication and enrollment thereof as provided by law.
The above and foregoing Ordinance No. 512 was introduced in writing by Alderman Holder who moved its adoption. Alderman Lishen seconded the motion to adopt the Ordinance, and after discussion, no member of the Board of Aldermen having requested the Ordinance to be read by the City Clerk, and the question being put to a roll call vote, the result was as follows:
Alderman Jimmy Levens voted Aye
Alderman Jerry Rouse voted Aye
Alderman Gary Ponthieux 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 Aldermen present and voting, the Mayor declared the motion carried in the said Ordinance adopted and approved this the 21st day of June, 2005.
APPROVED:
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WILLIAM SKELLIE, JR., MAYOR
ATTEST:

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REBECCA E. SCHRUFF, CITY CLERK

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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 Bennett and unanimously carried to recess the meeting to Thursday, June 23, 2005, at 1:30 p.m.
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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: July 5, 2005
ATTEST:

Rebecca E. Schruff, City Clerk