REGULAR COUNCIL MEETING, TUESDAY, JUNE 05, 2007 AT 9:00 A.M.

Meeting called to order by Council President Thomas.

Present: Thomas, Perry, Henson, Palmer, Harris.

Absent: None

The meeting was opened with prayer by Pastor Earl Wheatley of North Park Church of God followed by the Pledge to the Flag.

Motion was made by Councilwoman Henson duly seconded by Councilman Palmer and unanimously passed by the Council to confirm the agenda order for this meeting.

President Thomas advised of the notification of legal advertisement for the following: a) removal of risk trees from municipal property; b) handguns (113 each).

President Thomas called for the Mayor’s report. CAO Ken Storms asked Community Development Director Don Farrar to introduce the new KAB Coordinator. Mr. Farrar announced that Rebecca Gentry has been appointed the KAB Coordinator for the city. She will take over these duties along with her retiree recruitment duties. CAO Storm advised that Mayor Smith was in Italy presenting the Meridian redevelopment as a study for cities around the world.

Motion was made by Councilwoman Henson duly seconded by Councilman Palmer and unanimously passed by the Council to approve the minutes dated May 15, 2007.

Motion was made by Councilwoman Henson duly seconded by Councilman Palmer and unanimously passed by the Council to approve the following proclamations:

June 2-8, 2007 – “Respect for Law Week”

June 16, 2007 – “Juneteenth Heritage Festival Day”

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5431 RESOLUTION APPOINTING DEPUTY COURT CLERKS

OF THE MUNICIPAL COURT

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14060 ORDER DECLARING EQUIPMENT SURPLUS AND NO LONGER

NEEDED BY THE CITY OF MERIDIAN AND AUTHORIZING THE

SALE OF SAID SURPLUS EQUIPMENT

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14061 ORDER DECLARING EQUIPMENT AND VEHICLE SURPLUS AND NO

LONGER NEEDED BY THE CITY OF MERIDIAN AND AUTHORIZING

THE TRADE-IN OF SAID SURPLUS EQUIPMENT AND VEHICLE

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14062 ORDER AUTHORIZING INSTALLATION OF STREET LIGHTS

ALONG WINDMILL DRIVE

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14063 ORDER AUTHORIZING INSTALLATION OF A STREET LIGHT

AT 15^TH STREET & 8^TH AVENUE

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5432 RESOLUTION AUTHORIZING REIMBURSEMENT OF EXPENSES

FOR A VOLUNTEER SERVING AS CHAIRPERSON OF THE CITY’S

KEEP AMERICA BEAUTIFUL COMMISSION WHO REPRESENTS

THE CITY OF MERIDIAN AT THE MID-YEAR AFFILIATES FORUM

IN MEMPHIS, TN ON AUGUST 1-4, 2007

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

RESO. #5433 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF MERIDIAN, MISSISSIPPI GRANTING EXEMPTION

FROM AD VALOREM TAXES FOR A FIVE-YEAR PERIOD TO

MAGNOLIA STEEL COMPANY, INC. AS AUTHORIZED BY

SECTION 27-31-101 ET SEQ., OF THE MISSISSIPPI CODE

OF 1972, AS AMENDED

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5434 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF MERIDIAN, MISSISSIPPI GRANTING EXEMPTION

FROM AD VALOREM TAXES FOR A FIVE-YEAR PERIOD TO

MERIDIAN MATTRESS FACTORY AS AUTHORIZED BY SECTION

27-31-101 AND 27-31-105 ET SEQ., OF THE MISSISSIPPI CODE

OF 1972, AS AMENDED

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

RESO. #5435 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION

FOR ALCOHOL COUNTER MEASURES GRANT WITH THE

MISSISSIPPI OFFICE OF HIGHWAY SAFETY

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14064 ORDER AUTHORIZING THE EXECUTION OF INTERLOCAL

AGREEMENT BETWEEN THE CITY OF MERIDIAN, MISSISSIPPI

AND LAUDERDALE COUNTY, MISSISSIPPI (2007 BYRNE

JUSTICE ASSISTANCE GRANT [JAG] PROGRAM AWARD)

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Attorney Kim Smith with Butler, Snow, O’Mara & Stevens along with Steve Bollinger (VP construction) and Rob Rose (treasurer) of Drury Inns appeared before the Council regarding their ad valorem tax exemption request. City Attorney Bill Hammack stated that one word in paragraph nine needed to be changed from “entitled” to “eligible”. He stated that this tax exemption would not being until the project was completed. Mr. Rose went over the plans for the Drury Inn and stated they hoped to be open this time next year. Councilman Harris offered and moved the adoption and passage of the following Resolution:

RESO. #5436 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,

MISSISSIPPI, APPROVING, CONSENTING TO, AND GRANTING A

CERTAIN AD VALOREM PROPERTY TAX EXEMPTION AS AN

INDUCEMENT FOR THE LOCATION BY DRURY INNS, INC. OF

ITS NEW HOTEL FACILITY IN SUCH CITY

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

The hour of 9:15 a.m. having arrived, the hearing as called for in Resolution No. 5428 regarding unclean property was opened with a motion by Councilwoman Henson duly seconded by Councilman Harris and unanimously passed by the Council. President Thomas asked if there was anyone present to speak on any of the unclean properties. Attorney Jim Williams appeared representing Lamar Bearden (property at 1621 12^th Avenue) and stated he wanted to amend this to a special appearance that contends that Mr. Bearden has not received constitutional due process to have him or Mr. Williams, under his direction, to be there. Mr. Bearden received a notice by him from a conversation with Mary Ruth Sharp last Tuesday over the phone at which time she interpreted the statute that if the city were to clean up the lot that it would be at the expense of the property owner and there would also be a $1500 penalty. Mr. Williams contends that constitutional due process for such penalty to be valid requires due diligence to have been made in locating Mr. Bearden and personally handing him a copy of the city’s intent to act against his property. Such has clearly not occurred. Mr. Cuatt exhibits to him yesterday at the lot at 1621 12^th Avenue was a certified mail envelope that had the notice of refused across the front and Mr. Cuatt represented that he had been informed by Mary Ruth Sharp that such refusal was effective service for this governmental intrusion upon Mr. Bearden’s property and exposing him to this penalty. After he received the information, the fact of the government’s interest in taking action against this property, he went to locate Mr. Bearden. He was not able to find him but he left a large printed notice on his door to contact him immediately. Mr. Bearden got the notice but did not contact him so the next day, Thursday, he began to canvass the areas where Mr. Bearden has property on which he is working, most work being at the behest of the city under some other pending actions by the city. He found Mr. Bearden at his home on noon on his porch and Mr. Bearden told him that he did not contact him but went out and started cleaning the lot on Saturday. He went again to the lot and there he was cleaning it up. Mr. Bearden has cleaned it up. He had some other people who were going to help him with the backyard where there is some over-growth which Mr. Cuatt says persists to date. Mr. Bearden advised him that at 8:00 that he had spent his energies out there until dark cleaning up the lot. Mr. Williams said he walked with Mr. Cuatt without that information about the additional clean up last night. Near the back of the structure where his attention was not directed to that and he questioned Mr. Cuatt’s position that the back of the lot has not been cleaned up. Mr. Cuatt took some pictures yesterday of the lot. Mr. Williams said he had taken some pictures prior to the clean up and he is not going on to now to consider the issue on merits and he assumes the Council will have their attorney consider his constitutional challenge to the procedures that have led them all to get at this public hearing. Prior to the clean up he had taken some pictures of the lot. He asked Mr. Cuatt if he had developed his pictures. Mr. Cuatt advised his supervisor had them. He approached the City Council members and showed them the pictures he took. He said he was leaving them with the City Council to incorporate into the finding of fact of the city’s taking any further action as it would in due course were there no protest for the governmental action against this lot. Mr. Bearden is a 93 year old man who remains industrious far beyond the majority of our imagination whether we would be so industrious at that age. Mr. Bearden was sick the last couple of years which caused the elements to naturally impinge negatively on nine properties of his of which five have the potential for good housing stock in various areas of the city. They met with Mrs. Sharp and believe his age should be taken into consideration and some reasonable accommodations be made because of that. Mr. Bearden has authorized him to make any kind of further challenges to the reasonable and constitutionality of the city’s actions before another forum. They respectfully requested that he be given additional time to clean up this lot to a condition which is similar of the condition of lots required previously to be cleaned up. An interesting circumstance occurs because of the absence of water & sewer at this lot, this house. The contract, apparently as interpreted possibly by Mr. Cuatt, is that Waste Management does not have a contractual duty to expend its profit under the contract with the city for removal of waste on the houses and lots that do not have water & sewer. He believes it puts an extraordinary burden on the person who tries to comply with the city’s government body’s direction to comply with an ordinance. As all of them know which have previously enjoyed his company, he could talk all from now on but he is going to stop. He said some of the Council may have questions. Councilwoman Perry stated that before she made a motion, she would like to say something. She was by Mr. Bearden’s before he was asked to clean this up. He has several houses in the region/area but she does not know the young man who spoke to him but the lady in the neighborhood who said someone was trying to purchase some of his homes over there (at least three of them) so she asked the lady to call him. She did and they Met Mr. Bearden out back and asked Mr. Bearden to speak to the young man and he did but she does not know what happened but he agreed to sell. At his age, keeping those properties up is a burden on him right now, if he could sell them because most of them are at the stage of being condemned. If he could sell them or get rid of them it would be to his benefit because of the possibility for demolition. But, because he has started and Waste Management does not pick up because there is no water & sewer, no electricity or anything of that nature, they only pick up where meters are. That is the contract we have with them. In order to give him a chance to move the debris which he has cleaned up, it would be one month. Councilwoman Perry made a motion that they remove his property from the list, this one property from the list, for one month to get the debris removed of the premises and the rest of it cleaned up. She asked for a second. She was advised that the Council could not take action during the public hearing. She said when they come out of the hearing she will do that. Councilman Palmer said that in the past Mr. Bearden has given an indication that he would do something but the city would have to go to the fullest extent. Mr. Storms has dealt with this and he knows. Council-woman Perry said she has been here for that also but her point was for that one property. But, she wishes he would sell those lots in the area. President Thomas asked if anyone else had questions for Mr. Williams. Councilman Harris said he had a statement. President Thomas asked him to wait until Mr. Williams got through with his presentation. Mr. Williams asked if he could respond to the prospect that Mr. Bearden’s age compromises his ability or his relationship to the city, the governing body and the ordinance. President Thomas said he did not think age was referred to in the statute. Mr. Williams said he spoke with Mr. Bearden and he has a daughter in Tupelo, Peggy. She is going to pick up, unfortunately, if Mr. Bearden succumbs to his age. Mrs. Peggy Martin will fix these houses up. She herself owns property and a house in another part of the city. He had received some information about an offer to sell but does not know if it is the same one. He is Mr. Bearden’s attorney and said he is encouraging him to comply with the ordinances. He thinks if Mrs. Sharp were her she would express her confidence that that is a true statement. This is some good house stock and we need house stock in this neighborhood but we don’t need over-grown lots as are seen as they are dangerous situations. He was impressed with the difference in the lady’s who lives south of there. It is just a beautiful place. He said he would leave it to the Council. President Thomas asked if anyone else would like to speak. Community Development Director Don Farrar appeared and said the city is not in the business of demolishing houses and they have said this over and over. In this particular case, due process has been followed. He said he would leave the constitutionality to the city attorney as he was not going to practice law but would let Mr. Hammack handle that. These inspectors in the inspection division are enforcing the law that the Council passed, the complaints they received in each of their wards and this case happens to be in Councilwoman Perry’s ward. Due process as you can see from the pictures, the process started back in March on this property. The notices have been followed just like anybody else or any other case. One of the notices was returned “refused”. Those folks who follow the same process and clean their property up, they don’t have a problem with and it does not come to this point. But, the ones that do that they have received complaints on, that they call their office and the mayor’s office until they reach this point. So, their position is that due process was followed and that they desire to follow through with assessing the penalty. The penalty that Mr. Williams mentions is a new penalty that the state passed to encourage that this particular situation does not occur. Fifteen hundred dollars gets your attention. That is the state law. The cost of it plus a 25% fee, he thinks that is the way it is. To set the record straight, he said if there are any detailed questions he will be glad to answer them. President Thomas asked if there were any questions for Mr. Farrar. Inspector Don Cuatt appeared and said he could not hear everything that Mr. Williams said but after the fact that Mr. Bearden refused the first final notice, he hand delivered it himself with a witness the final notice. In fact, this has happened on several occasions because it is a habit of Mr. Bearden’s to refuse certifieds. They did hand over a final notice to Mr. Bearden. As stated, when they went to him he said he would take the necessary actions, which has happened numerous times, so they had no choice but to proceed as the ordinance directs them. President Thomas thanked him and asked Mr. Williams if he wanted to respond to any of those comments. Mr. Williams said he did not. City Attorney Bill Hammack said the records that the Council has show that the hand delivery was done on May 01, 2007. They have to place in the records a postmarked May 09, 2007 notice that was returned “refused” marked May 11, 2007 which was the letter from the Clerk of Council notifying by certified mail that the hearing had been set. That letter along with the two black & white photographs presented by Mr. Williams and the photographs taken June 04, 2007 taken by the inspection division should be made a part of the record of the hearing. (COPY OF LETTER AND PHOTOGRAPHS) Mr. Hammack stated that in his opinion Mr. Bearden was duly notified of the hearing, was given every opportunity to do what the statute requires him to do and the Council is free on its discretion based on the evidence that they heard to take action. President Thomas asked if anyone was there to speak on the other properties. No one else showed up to speak. Motion was made by Councilwoman Henson duly seconded by Councilwoman Perry and unanimously passed by the Council to close the hearing. President Thomas asked Councilman Harris if he wanted to make a comment before the Council took action. He said no.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5437 RESOLUTION ADJUDICATING PARCEL OF LAND TO BE A

MENACE TO THE PUBLIC HEALTH AND SAFETY OF THE

COMMUNITY (BROWN SUR BLOCK 12 LOT 4 LESS 10’

OFF W END)

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5438 RESOLUTION ADJUDICATING PARCEL OF LAND TO BE A

MENACE TO THE PUBLIC HEALTH AND SAFETY OF THE

COMMUNITY (RAGSDALE SUR BLOCK 123 36’ N&S X 100’

E&W BEG 80’N SWC)

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5439 RESOLUTION ADJUDICATING PARCEL OF LAND TO BE A

MENACE TO THE PUBLIC HEALTH AND SAFETY OF THE

COMMUNITY (MERIDIAN DEV CO.’S RE-SUB RAGSDALE

SUR BLOCK 125 LOT 14)

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5440 RESOLUTION ADJUDICATING PARCEL OF LAND TO BE A

MENACE TO THE PUBLIC HEALTH AND SAFETY OF THE

COMMUNITY (RAGSDALE SUR BLOCK 243 LOT 2)

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

RESO. #5441 RESOLUTION ADJUDICATING PARCEL OF LAND TO BE A

MENACE TO THE PUBLIC HEALTH AND SAFETY OF THE

COMMUNITY (HILLSIDE SURVEY #2 LOT 16)

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDIN. #4319 AN ORDINANCE AMENDING SECTION 25.41 OF THE CODE

OF ORDINANCES OF THE CITY OF MERIDIAN, MISSISSIPPI,

TO REINSTATE PROVISIONS FOR AVERAGING SEWER RATES

FOR RESIDENTIAL CONSUMERS DURING MONTHS OF MAY

THROUGH OCTOBER OF EACH CALENDAR YEAR

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14065 ORDER ACCEPTING SANITARY SEWER EASEMENT FROM:

THE LAUDERDALE COUNTY, MISSISSIPPI BOARD OF

EDUCATION AND DEEP SOUTH DEVELOPMENT, LLC

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

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

ORDER #14066 ORDER AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN,

MISSISSIPPI, TO SIGN AND DELIVER QUITCLAIM DEED TO THE

LAUDERDALE COUNTY, MISSISSIPPI BOARD OF EDUCATION

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

Yea: Thomas, Perry, Henson, Palmer, Harris.

Nay: None.

Motion was made by Councilwoman Henson duly seconded by Councilman Palmer and unanimously passed by the Council to approve the claims docket dated May 31, 2007 in the amount of $3,380,008.14.

President Thomas called for citizen comments. Michael Darden, 2015 Martin Luther King Drive appeared and presented a petition requesting that K. T. Boyd baseball field at Velma Young Park be re-opened.

President Thomas called for Council comments. Councilman Harris stated that there was an unclean property situation with so many in the city. The city needs to get on top of them. These places hold rats and everything else. He believes the city has done its part as far as the process and it is an extended process. He wishes the notice was 24 hours. He does not want to stay next to a lot with trees and bushes growing up. He applauded the city for doing what they do. He would like a shorter process. The legislative process needs to be $1500 or more. He applauded the police department for getting the opportunity to work with the equipment they need. They also heed tasers. The city invests a lot of money in parks & recreation. There are several parks that were organized and functional. People can’t go to parks in other pars of town because of the distance. These youth need places to go in the summer. He would like to see each community have a park to go to. Councilman Palmer they need to make the funds available to parks & recreation to make sure to make sure the director does not have to worry about funding projects. He said at Hooper Street & 46^th Avenue there is a store that has not been touched in 5 years. Something needs to be done. The Central Meridian Optimist Club had to delay their baseball safety program at Highland Park. He said he provided the council members with a copy of the Lauderdale County Board of Supervisors’ bond issue in support of Hope VI. People living there are pleased with their homes. He encouraged people to attend the Juneteenth celebration. Main Street Manager Sharon Smith appeared and invited everyone out on June 16^th to the 5^th annual Juneteenth celebration. She tanked the city and partners who bring this to fruition. Councilwoman Henson said she has been on the City Council for 118 years and there have been changes. When you talk about homes and grass that needs attention. She never thought she would wonder how she can get out and dig a hole. The city is old and female. People can’t do anything about these problems when they are old unless they have family to take care of it. The churches are going to need to do something. World Changers help when these young people come to Meridian and repair homes. Councilwoman Perry said she did not make the motion to give Mr. Bearden extra time because he refused the certified letter from the Clerk of Council. He owns a lot of property throughout the city. He is not able to keep these properties up. Mrs. Chaney was buried last weekend and her life was respected. She commended Mr. Darden for turning in the petition. The First Tee ground breaking will be held Wednesday, June 13^th at 10:00 a.m. at Lakeview Golf Course. She reminded people to not forget Father’s Day. President Thomas congratulated the West Lauderdale baseball teams. They have one of the top high school ball teams in the region. Coach Boatner does a great job. There are two Mississippi baseball teams in collegiate regionals – Mississippi State and Ole Miss.

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