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July 4, 2012

Council gets legal opinion on donating land to groups

PICAYUNE — Picayune's city council received an opinion from its legal counsel saying the council may donate land for the construction of a community center by the Nehemiah Group.

While no decision was made to actually donate any land to the newly formed group, city attorney Nathan Farmer said the city could make the donation, once the group meets the required criteria.

Basically, Farmer said the group needs to get its Cooperative Charter from the state of Mississippi, and its 501c3 status from the Internal Revenue Service before such a donation could be made by the city. No member of the group stepped forward to say whether it had achieved either status. However, at the council's last meeting group member Barbara McGrew said the group was working on obtaining its 501c3 status.

Farmer said the council could donate any land it wished, as long as it was not in the Industrial Park. Some stipulations would have to be included with the donation, such as a clause that would state that if the group ceased to exist or operate the facility for two consecutive years, then the property would automatically revert back to the city. No action was taken on the matter during Tuesday's meeting.

The council also was presented information about joining the Rural Water Emergency Cooperative. Randy Turnage with the Mississippi Rural Water Association said the cooperative was formed to avoid the red tape encountered after Hurricane Katrina.

Public Works Director Eric Morris said joining the cooperative has both upsides and downsides. On one hand, if Picayune needed assistance after a disaster or during an emergency, the city would have access to the cooperative's list of willing cities. However, Picayune also would be on that list to send people to help other localities, and sending the assistance would mean the city could be short of manpower and equipment while assisting another city.

While there is no contractual obligation to send help to other cities, if Picayune decided to do so it would have to pay the employees sent to those other cities to provide assistance, and then there is the equipment to consider. Morris said if the city decided to send just equipment, the manpower issue would be moot, and the city to which the equipment is loaned would be obligated to return it in the condition in which it was lent, full fuel tank and all. In addition, any equipment loaned to another city would automatically fall under that city's insurance policy.

Also, anyone who would be sent to another city to help out in an emergency would have to attend a class to receive the appreciate credential for giving assistance. The class would cost Picayune $75 per employee. The council approved a motion to join the cooperative.

City officials plan to send members of the local National Guard unit off in style when they ship out on July 15, but some details still need to be worked out. Picayune's 875th Engineering Company will leave for Fort Bliss on July 15 to complete training for deployment to Afghanistan. The day before the unit leaves, the city plans to host a picnic for unit members and their families. Fire Chief Keith Brown said while the picnic is reserved for the company members and families, a public send-off is expected to be scheduled the day the unit departs. The public send-off would give local residents an opportunity to show support as they line up along the route the unit will take out of town.

However, that route is not yet known, nor is the time the unit will leave. Brown said for safety's sake, the unit will not be given those details until about five days before departure. When more details are known, a public announcement will be made, Brown said.

The city also is looking into ways to rectify problems with the historic city hall's aging cooling and heating system. Morris said he has looked into a number of options, such as floor models and a mini-split system such as the one used in the council chambers at the city hall on Beech Street. While the mini-split system does not appear to be a viable option for the aging building, Morris said no matter what option is chosen, it will be temporary until funds can be found to make a permanent repair.

Morris said the city's Utility Rewards Program has been successful so far, helping the city to find seven water connections and one gas connection that were not being billed. He asked the council to extend the program for an additional 30 days, which was approved.

In other business the council:

— Approved a change order that reduced the expense of improvements on Cooper Road from the estimated $70,000 to $65,581. That work will pave the road and make some drainage improvements.

— Approved travel for city employees Raymond Wood and Zack Malley to Orange Beach, Fla., from July 18-20 to attend a natural gas association conference.

— Approved transfer of drainage easement from 1617 W. Fourth St. to 1601 W. Fourth St. to fix a drainage problem.

The next regular meeting of the council will be July 17, at 5 p.m.

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