REGULAR COUNCIL MEETING, TUESDAY, APRIL 17, 2007 AT 5:00 P.M.

 

Meeting called to order by Council Vice-President Henson.

 

Present:  Perry, Henson, Harris.

 

Absent:  Thomas, Palmer.

 

 

            The meeting was opened with prayer by Rev. W. C. Brown of 5th Street Baptist Church and followed by the Pledge to the Flag.

 

 

            Motion was made by Councilwoman Perry duly seconded by Councilman Harris and unanimously passed by the Council to confirm the agenda order for this meeting with an amendment to:  remove R-5; add potential litigation to executive session; place executive session after R-9; add as S-2 a proposed grill ordinance.

 

 

            Mayor Smith advised he had two re-appointments to boards and commissions – Walter Camper and Bob Malone to the Building Code Board of Adjustments & Appeals.

 

 

            Vice-President Henson called on Mayor Smith for his report.  He said he had written a letter to the mayor of Blacksburg, VA regarding the shootings at the Virginia Tech campus.  Tourism Director Suzy Johnson and Cultural Affairs Coordinator Connie Royal appeared to announce that Meridian will be the first city outside of the Delta to have a Blues marker in conjunction with the Mississippi Blues Trail.  One marker will be placed at the Singing Brakeman Park in honor of Jimmy Rodgers, a second one is in the works and a third one will be placed at the grave site of Jimmie Rodgers.  The unveiling of the markers in honor of Jimmy Rodgers will be unveiled on May 4th at the Jimmie Rodgers Festival.

 

 

            Motion was made by Councilman Harris duly seconded by Councilwoman Perry and unanimously passed by the Council to approve the minutes dated April 03, 2007.

 

 

            Councilman Harris offered and moved the adoption and passage of the following Order:

 

ORDER #14025       ORDER CONFIRMING THE RE-APPOINTMENT BY THE

                                    MAYOR OF WALTER CAMPER TO THE BUILDING CODE

                                    BOARD OF ADJUSTMENTS & APPEALS

 

and, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilman Harris offered and moved the adoption and passage of the following Order:

 

ORDER #14026       ORDER CONFIRMING THE RE-APPOINTMENT BY THE

                                    MAYOR OF BOB MALONE TO THE BUILDING CODE

                                    BOARD OF ADJUSTMENTS & APPEALS

 

and, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilman Harris offered and moved the adoption and passage of the following Order:

 

ORDER #14027       ORDER AUTHORIZING TRANSFER OF FUNDS TO WESLEY

                                    HOUSE CONCERNING PERSONNEL AND OPERATION COSTS

                                    ALLOWABLE THROUGH VICTIM/WITNESS GRANT #05NW2223

 

and, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Appearing before the Council at this time was Paul Breazeale with Breazeale, Saunders & O’Neil, Ltd.  Mr. Breazeale went over the audit his firm did on the city’s books.  He stated that the city is in excellent financial shape.  After the presentation and discussion, Councilman Harris offered and moved the adoption and passage of the following Order:

 

ORDER #14028       ORDER ACCEPTING FISCAL YEAR 2006 ANNUAL AUDIT AS

                                    PREPARED BY BREAZEALE, SAUNDERS & O’NEIL, LTD.

 

and, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilman Harris offered and moved the adoption and passage of the following Resolution:

 

RESO. #5427                        RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,

                                    MISSISSIPPI, GRANTING TAX EXEMPTION FROM AD VALOREM

                                    TAXES TO HOPE VILLAGE FOR CHILDREN, INC. AS AUTHORIZED

                                    BY SECTION 27-31-1(D) OF THE MISSISSIPPI CODE OF 1972,

                                    AS AMENDED

 

and, Councilwoman Perry seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Next on the agenda was the execution of an agreement/right-of-way easement to EMEPA.  City Attorney Bill Hammack stated that the words “to the extent allowed by law” should be added to the paragraph regarding liability.  Councilman Harris offered and moved the adoption and passage of the following Order with the amendment:

 

ORDER #14029       ORDER AUTHORIZING EXECUTION OF CONTRACT

                                    AGREEMENT & RIGHT-OF-WAY EASEMENT TO EAST

                                    MISSISSIPPI ELECTRIC POWER ASSOCIATION

 

and, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Order:

 

ORDER #14030       ORDER AUTHORIZING EXECUTION OF SUPPLEMENTAL

                                    AGREEMENT NO. 2 WITH HEMPHILL CONSTRUCTION

                                    (6TH STREET DRAINAGE PROJECT)

 

 

and, Councilman Harris seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Order:

 

ORDER #14031       ORDER AUTHORIZING PURCHASE OF FLUSH TRUCK FROM

                                    SANSOM EQUIPMENT CO., INC., BIRMINGHAM, AL, IN THE

                                    AMOUNT OF $204,474.00

 

and, Councilman Harris seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilman Harris offered and moved the adoption and passage of the following Order:

 

ORDER #14032       ORDER AUTHORIZING EXECUTION OF MEMORANDUM OF

                                    UNDERSTANDING BETWEEN THE UNITED STATES MARSHAL’S

                                    SERVICE AND THE CITY OF MERIDIAN (REGIONAL FUGITIVE

                                    TASK FORCE)

 

and, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Order:

 

ORDER #14033       ORDER AUTHORIZING EXECUTION OF MEMORANDUM OF

                                    UNDERSTANDING BETWEEN THE MISSISSIPPI TRANSPORTATION

                                    COMMISSION AND THE CITY OF MERIDIAN

 

and, Councilman Harris seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

Yea:  Perry, Henson, Harris.

Nay:  None.

Absent:  Thomas, Palmer.

 

 

            Motion was made by Councilwoman Perry duly seconded by Councilman Harris and unanimously passed by the Council to approve the claims docket dated April 12, 2007 in the amount of $2,270,258.19.

 

 

            An executive session was requested regarding a personnel matter and potential litigation.  Motion was made by Councilwoman Perry duly seconded by Councilman Harris and unanimously passed by the Council to close the meeting to determine whether to declare an executive session.  Motion was made by Councilman Harris duly seconded by Councilwoman Perry and unanimously passed by the Council to declare an executive session in order to discuss a personnel matter and potential litigation.  The Council then went into executive session.  Motion was made by Councilman Harris duly seconded by Councilwoman Perry and unanimously passed by the Council to go out of executive session.

 

 

            Vice-President Henson called the meeting back to order.  No action was taken regarding the executive session.

 

 

            Vice-President Henson called for citizens hearing.  John Nelson, 2901 St. Luke Street, had signed up to speak.  He advised he was contacted by citizens on 24th Street to investigate the night club known as the Hole in the Wall.  Most of the people who live on this street are senior citizens and retirees.  They are having problems with the club.  They can’t sleep at night, there are gun shots, loud music/noise, loud boom boxes, too many cars on the narrow street, cursing, fights and trash from this club.  He conducted his investigation on March 23, March 24 and March 30.  He has a tape of the activities at the club and asked that the police chief and council members view the tape.  He feels the club should be closed down and that this type of establishment should not be allowed in a residential area.  Councilman Harris stated that whatever needs to be done should be done quickly.  These people should not be placed in this situation.  He feels the club should be closed down.  Councilwoman Perry said the person who owns the building really catches it.  The owner has been renting this out to private individuals who do not obey the law.  She said she talked to the owner of the building and told him that he needed to shut it down.  Doris Walker, 214 24th Street, appeared regarding this matter.  She said there are a lot of problems starting Thursday and going on Friday, Saturday and Sunday.  Nobody in the area can sleep until they close down.  There is loud music, shootings, cursing, drugs, loud boom boxes and they have to pick up trash in the neighborhood.  She asked for help with this situation.  Shirley Stewart Johnson, 128 24th Street, appeared also.  Their fence runs between this club and her property.  They have been there 34 years and it has never been as bad as it is now.  Boom boxes rattle the windows and doors in her home.  The people who go to this club have used their property for a parking lot.  She begged the city to do something about this.  Police Chief Benny Dubose said they have been dealing with this problem and these citizens for the last two years.  In order for the police department to do anything, they would have to post three to five police officers out there every night.  The root of the problem (the club) needs to be removed.  Councilwoman Henson stated that the nuisance laws can be used to do something about this situation.  City Attorney Hammack is going to get something to Chief Dubose regarding the procedures the residents in the area need to follow in order to get something done.  If charges are filed and the procedures are properly followed, the municipal judge can declare this club a nuisance and something can be done.  Sharon Bell, 3800 Newell Road, said she has previously talked to Mayor Smith and Chief Dubose about this situation as well as those in fire and safety.  A petition from the residents in the area and pictures of the trash were submitted to the council.  (COPY OF PETITION AND PICTURES

 

 

            Vice-President Henson called for citizen comments.  Lauren Wells, 3002 38th Street, appeared and wanted to know if the council has amendments to the animal control ordinance regarding pit bull dogs.  They are still having trouble with the eight pit bull dogs across the street.  Peggy Harmon, 3000 38th Street, appeared and said she was afraid of and for these animals.  Ann Swenson, 3910 38th Court, appeared and said she can’t visit neighbors because she is afraid of these dogs.  Elliott Street, 3103 38th Street, appeared and said something needed to be done.  Antonio Windham, 229 48th Avenue, appeared and said something should be done to make the dog(s) owners responsible.  He has no problem with his pit bull dogs and does not want the dogs banned.  He said his pit bulls are tame and friendly.  If they are raised right they will not be vicious.  Curtis Thomas appeared and stated he owns and breeds pit bull dogs and does not want them banned.

 

 

            President Henson called for council comments.  None were made.

 

 

            There being no further business to come before the Council at this time, the meeting was adjourned.  Sine die.

 

                                                                        Respectfully submitted,  

 

 

                                                                        Pam McInnis, Clerk of Council