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REGULAR MEETING
BOARD OF MAYOR AND ALDERMEN
CITY OF YAZOO CITY, MISSISSIPPI
October 10, 2016
2:00 P.M.
BE IT REMEMBERED that a Regular meeting of the Board of Mayor and Aldermen of the City
of Yazoo City, Mississippi was convened in the Board Room at the Yazoo City Police
Department on October 10, 2016, being the 2nd Monday of said month when and where the
following were had and done to wit:
Present: Diane Delaware, Mayor; Gregory Robertson, Mayor Pro-Tem/Ward 3;
Ronald E. Johnson, Ward 1; Dr. Jack D. Varner, Ward 2; Aubry N. Brent, Jr., Ward
4; Meko Hill, Deputy City Clerk, and O’Reilly Evans, PLLC, Sarah O’Reilly-Evans,
Attorney at Law.
Mayor Delaware called the regular called meeting to order having been duly noticed and posted.
Pastor Walter Williams of Antioch Missionary Baptist Church gave invocation.
APPROVAL TO AMEND AND ADOPT AGENDA
There came on for consideration the matter of adopting an agenda for this meeting with
amendments as follows: Mayor Delaware requested to amend the agenda by adding to
Unfinished Business, item (a1.) Order to re-advertise for sealed bids for the CDBG Project for
ADA improvements to City Hall; and by adding to New Business, item (d) Order to declare
surplus scrap metal at the City Barn; Alderman Johnson requested to amend the agenda by
adding to New Business item (e) Order to designate a specific individual to conduct gas pressure
tests when the Building Inspector is out of town; Sarah O’Reilly-Evans requested to amend the
agenda by adding to Executive Session, New Litigation and City Attorney personnel issues.
Alderman Robertson moved to adopt the agenda with the above stated amendments; Alderman
Varner seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
AGENDA
BOARD OF MAYOR AND ALDERMEN
CITY OF YAZOO CITY, MISSISSIPPI
Monday, October 10, 2016
2:00 p.m.
1. Call to Order and Invocation
2. Adopt Agenda (p. 2)
3. Approval of Minutes
a. September 8, 2016 Special Call Meeting (p. 5)
b. September 26, 2016 Regular Meeting (p. 8)
c. October 3, 2016 Special Call Meeting (p. 28)
4. Hearing of Complaints and Appeals (Public Comments)
a. Rachel Killebrew, McCoy Elementary School (p. 32)
b. Johnny Staples, Focus on the Children (p. 33)
5. Message of the Mayor / Aldermen / Report of Officers
a. Public Works Director (p. 35)
b. Building Inspector / Code Enforcer
c. Municipal Court Clerk (p. 36)
d. Cemetery Sexton (p. 38)
e. Fire Chief (p. 39)
f. Chief of Police (p. 43)
g. Safety Manager (p. 55)
h. City Clerk (p. 56)
6. Approval of Docket
a. Claims (p. 89)
b. Payroll (p. 99)
7. Report of Standing Committees
a. Wayne Morrison update on current projects
8. Unfinished Business:
a. Provide current status of bids for ADA Improvements to City Hall for the City of
Yazoo
City, CDBG Project #1132-15-393-PF-01
b. Order to advertise the opportunities and resources of the City of Yazoo City in the
amount of $500.00 and provide funds for community and social service in Yazoo City
by the Mississippi Kidney Foundation
c. Order to limit use of all City contract services which include City Attorney, City
Engineer, and CPA
9. New Business:
a. Order to promote the opportunities and resources of the City of Yazoo City in the
amount of $100.00 for Halloween Safety and security requirements for all Halloween
related activities to in downtown Yazoo City and all other areas of the City of Yazoo
City for 2016 noting that the City of Yazoo City Halloween celebrations shall be
officially conducted on 10/31/2016.
b. Report by Chief of Police on Yazoo County Board of Supervisors feeding and
housing costs for prisoners
c. Resolution Authorizing Use of Municipal Resources or Contract Labor for Cleaning
of Property Deemed to be in a Condition that is a Menace to Public Health (p. 105)
EXECUTIVE SESSION
Economic Development
Police Department
Mayor’s Office
City Clerk
Public Works Department
There came on for consideration: the matter of approving the minutes of the September 8, 2016,
Special Call Meeting.
Alderman Brent moved to approve the minutes of the September 8, 2016 Special Call
Meeting; Aldermen Johnson seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
There came on for consideration: the matter of approving the minutes of the September 26,
2016, Regular Meeting.
Alderman Brent moved to approve the minutes of the September 26, 2016, Regular
Meeting; Alderman Johnson seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
There came on for consideration: the matter of approving the minutes of the October 3, 2016,
Special Call Meeting.
Alderman Brent moved to approve the minutes of the October 3, 2016, Special Call
Meeting; Alderman Varner seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
Hearing of Complaints and Appeals (Public Comments)
Rachel Killebrew, Counselor at McCoy Elementary, requested the authorization for McCoy
Elementary to host a 5K Turkey Trot on November 19, 2016, to promote family and community
involvement with the school.
Alderman Robertson moved to waive the parade fee of $25.00; Mayor Delaware
seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
Johnny Staples, Focus on the Children, presented to the Board his past, present, and future steps
in communicating with both City and County boards to develop programs for our youth and
senior citizens. He expressed his concerns to fix the Parks and Recreation program and shared
his slogan, “If Not Now, Then When?”
Message of the Mayor / Aldermen
Mayor Delaware also expressed her concern to fix the Parks and Recreation program and stated
that she will be bringing information to share with the Board at the next regular meeting. She
stated that the City put $1.2million into the Wardell Leach Complex and then gave it away.
Delaware stated that the Board needs to take action for our parks. She also gave congratulations
to Captain Tilmon Clifton on being moved to his new administrative position and expressed the
importance of his new role.
Alderman Varner stated that it is well past due that we take over our parks.
Alderman Brent expressed his concern about a complaint he received from the wife of a citizen
who was recently released from jail that has been harassing citizens and businesses. He asked
that the Police Chief look into it before someone gets hurt.
Alderman Robertson expressed his concern regarding citizens stealing garbage cans from other
residents. He stated that some residents have two or three garbage cans and this problem needs
to be handled.
Report of Officers
Walter Williams, Public Works Director, submitted his monthly report. A copy will be on file in
the City Clerk’s Office.
Mary Love Johnson, Municipal Court Clerk, submitted her monthly report. A copy will be on
file in the City Clerk’s Office.
Prentice Young, Cemetery Sexton, submitted his monthly report. A copy will be on file in the
City Clerk’s Office.
Terry Harbor, Fire Chief, submitted his monthly report. A copy will be on file in the City Clerk’s
Office.
Jeff Curtis, Chief of Police, submitted his monthly report. A copy will be on file in the City
Clerk’s Office.
Danny Miller, Safety & Risk Manager, submitted his monthly report. A copy will be on file in
the City Clerk’s Office.
Mario Edwards, Interim City Clerk, submitted his monthly report. A copy will be on file in the
City Clerk’s Office.
Approval of Docket:
Interim City Clerk Mario Edwards requested to amend the Docket of Claims by adjusting the
amount of transaction #170026 to Sunco Builders from $19,557.65 to $18,810.00 due to the
contract stating draw request payments in fifths and this represents two-fifths less the 5% for
retention.
There came on for consideration: Order Approving General Funds Claims Numbered 1 to
49; Municipal Court Funds Claims Numbered 50 to 52; and Solid Waste Funds Claims
Numbered 53 to 58; on Municipal “Docket of Claims” In The Amount of $170,335.89 and
hereby approved for immediate payment thereof. (Making Appropriation for the Payment
Thereof).
IT IS FURTHER ORDERED that there is appropriated from various funds the sums
necessary to be transferred to other funds for the purpose of paying the claims as follows:
FROM: TO ACCOUNTS PAYABLE CLEARING:
GENERAL FUNDS $148,585.30
MUNICIPAL COURT FUNDS $10,440.07
SOLID WASTE FUNDS $11,310.52
Alderman Brent moved to approve the Docket of Claims with the amendment to Sunco
Builders from $19,557.65 to $18,810.00; Alderman Varner seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
There came on for consideration:
Order Approving Gross Payroll Deduction Claims, Inclusive Therein, and Making Appropriation
For the Payment Thereof.
IT IS HEREBY ORDERED that claims, inclusive therein on the Municipal “Docket of Claims”,
in the aggregate amount of $185,142.09 plus payroll deduction are appropriated from various
funds to the Payroll Fund for immediate payment thereof.
IT IS FINALLY ORDERED that the following expenditures from accounts payable fund be
made in order to pay amount transferred from the payroll fund for payment of the payroll
deductions claims authorized herein for payment.
FROM: TO: PAYROLL CLEARING:
GENERAL FUNDS $163,033.33
SOLID WASTE $22,108.76
Alderman Brent moved to approve; Alderman Varner seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
Report of Standing Committees:
Wayne Morrison, City Engineer, gave updates on current projects including Willie Morris
Parkway and Wal-Mart.
Unfinished Business:
There came on for consideration: Order rejecting all bids received and re-advertise for sealed
bids for the CDBG Project for ADA improvements to City Hall. Alderman Brent left the meeting.
Alderman Varner moved to approve rejecting all bids received and the re-advertising and
accepting sealed bids for CDBG Project for ADA improvements to City Hall with
modifications as recommended by the architect; Alderman Johnson seconded.
Yeas: Delaware, Johnson, Varner, Robertson
Nays: None
Absent: Brent
There came on for consideration: Order providing a donation to Mississippi Kidney Foundation,
a 501C3, in the amount of $500.00 to provide funds for community and social service in Yazoo
City by the Mississippi Kidney Foundation and match other funds received by said organization.
Mayor Delaware recused herself and left the meeting.
Alderman Brent returned to the meeting.
Alderman Johnson moved to authorize; Alderman Varner seconded.
Yeas: Johnson, Varner, Robertson, Brent
Nays: None
Absent: Delaware
There came on for consideration: Order to limit use of all City contract services which include
City Attorney, City Engineer, and CPA. Mayor Delaware stated that she would like to table the
topic.
Alderman Robertson moved to table the matter; Alderman Brent seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
New Business:
There came on for consideration: Order to promote the opportunities and resources of the City
of Yazoo City in the amount of $100.00 to The Yazoo Herald for Halloween Safety and security
requirements for all Halloween related activities to in downtown Yazoo City and all other areas
of the City of Yazoo City for 2016 noting that the City of Yazoo City Halloween celebrations
shall be officially conducted on 10/31/2016.
Alderman Brent moved to authorize; Alderman Varner seconded.
Yeas: Delaware, Johnson, Varner, Brent
Nays: None
Abstain: Robertson
There came on for consideration: Report by Chief of Police on Yazoo County Board of
Supervisors feeding and housing costs for prisoners. Chief Curtis spoke to the Board about his
concern of possible overpayment for feeding and housing costs for prisoners.
After discussion, Alderman Brent moved to have this topic carried over to the next
regular meeting on October 24, 2016, and authorize the Chief, the Interim City Clerk, and
the City Attorney to review to determine if there is an overpayment; Alderman Varner
seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
There came on for consideration:
Alderman Varner moved to approve; Mayor Delaware seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
There came on for consideration: Order to declare surplus a defined amount of scrap metal at the
City Barn.
Alderman Varner moved to declare certain scrap metal located at the City Barn surplus
and no longer needed by the City and authorize the City to seek bids for the sale of the
scrap metal; Alderman Robertson seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
There came on for consideration: Order to designate a specific individual to conduct gas
pressure tests when the Building Inspector is out of town. After discussion, the Mayor advised
she would research decision and report it to the Board.
Alderman Brent moved to go into executive session to determine the need to be in
executive session for location re-location of a business enterprise, personnel matters in
the Police Department, Mayor’s Office, City Clerk's Office, personnel matters in the
Public Works Department, new claim against the City, and City Attorney personnel
issues; Alderman Johnson seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
After discussion, Alderman Varner moved to go into executive session for location re-
location of a business enterprise, personnel matters in the Police Department, Mayor’s
Office, City Clerk's Office, personnel matters in the Public Works Department, new
claim against the City, and City Attorney personnel issues; Alderman Robertson
seconded.
Yeas: Delaware, Johnson, Varner, Robertson, Brent
Nays: None
Executive Session:
There came on for consideration:
RESOLUTION DECLARING THE INTENTION OF THE CITY
OF YAZOO CITY, MISSISSIPPI TO GRANT CERTAIN AD VALOREM
TAX EXEMPTIONS ON PROPERTY LOCATED AT
1708 & 1712 CARSON DRIVE, YAZOO CITY, MISSISSIPPI, PURSUANT
TO SECTION 17-21-5 OF THE MISSISSIPPI CODE OF 1972, AS
AMENDED. R & R INVESTMENTS, LLC D/B/A SONIC DRIVE-IN
WHEREAS, the Board of Mayor and Aldermen of the City of Yazoo City, Mississippi,
acting for and on behalf of the City of Yazoo City, Mississippi, does hereby find and declare as
follows:
1. That R & R Investments, LLC D/B/A Sonic Drive-In, has filed an application for
exemption from ad valorem taxes for seven (7) years as authorized by Section 17-21-5 of the
Mississippi Code of 1972, as amended; and
2. That R & R Investments, LLC D/B/A Sonic Drive-In intends to locate its business at
1708 & 1712 Carson Drive, Yazoo City, Mississippi, 39194, with a total project costs of
$1,223,168.63 real property and $409,556.29 personal property with improvements to the real
property being in the amount of $823,168.63; and
3. That as an inducement to R & R Investments, LLC D/B/A Sonic Drive-In, to
construct said facility and locate its business in the City of Yazoo City, the City desires to
express its intent to provide certain tax incentives in the form of exemptions from ad valorem
taxes (excluding school district taxes) for improvements to said property, located at 1708 & 1712
Carson Drive but only for a four (4) year period; and
4. That R & R Investments, LLC D/B/A Sonic Drive-In, wishes to obtain satisfactory
assurances from the City of Yazoo City that the City will grant, upon the filing of proper
applications and proof of qualifications, said exemptions and the City will not unreasonably deny
said tax exemptions; and
5. That the Board of Mayor and Aldermen of the City of Yazoo City, is authorized and
empowered by the provisions of Section 17-21-5 of the Mississippi Code of 1972, as amended,
to grant exemptions from taxes thereunder with respect to the construction and/or improvements
of real property located at 1708 & 1712 Carson Drive, in the designated central business district
of the City; and
6. The applicant has represented that it intends to open and operate a new business at
this location and bring a minimum of 40 new jobs to the City.
WHEREAS, it appears to the satisfaction of the Board of Mayor and Aldermen that it is
in the best interest of the City of Yazoo City, Mississippi, for the Board of Mayor and Aldermen
to declare its intention to grant, upon proper filing and proof of qualifications, said application
for exemptions from municipal ad valorem taxation excluding school district taxes on
improvements to the real property for a four (4) year period.
NOW, THEREFORE, BE IT RESOLVED by the Board of Mayor and Aldermen of
the City of Yazoo City, Mississippi, acting for and on behalf of the City and by virtue of such
authority as may now or hereafter be conferred upon it by any applicable laws of the State of
Mississippi, that in consideration of the above premises and for the purpose of inducing R & R
Investments, LLC D/B/A Sonic Drive-In, to construct and/or improve the property located at
1708 & 1712 Carson Drive in the City of Yazoo City in accordance with the plans contained in
its application on file, and operate a new business enterprise at this location this Board of Mayor
and Aldermen declares the following understanding and intent:
1. Within twelve (12) months of completing
construction/renovation, and filing proof of same with the Board of Mayor and Aldermen
a complete application and proof of qualifications which fulfill all requirements of the
laws of the State of Mississippi including an expenditure of a minimum of $$823,168.63
in renovations and improvements to the property and creating a minimum of forty (40)
new jobs for residents of Yazoo City, and certification by the company of the information
required hereunder, said exemption will be approved for a four (4) year period.
2. It is the intent of The Board of Mayor and Aldermen of the
City of Yazoo City, Mississippi, to grant ad valorem tax exemptions excluding school
district taxes on an approved project for the construction, improvements or renovation for
the promotion of business, commerce or industry in the central business district for a
period of four (4) years.
3. It is hereby acknowledged that it is the intention of the Board
of Mayor and Aldermen to implement this Resolution of Intent consistent with and in
order to give full effect to the statements expressed herein by the Board of Mayor and
Aldermen.
After discussion, Alderman Varner moved to approve with a four (4) year tax exemption
to R&R Investments LLC DBA Sonic Drive-In; Alderman Robertson seconded.
Mayor Delaware moved to amend the motion to approve with a three (3) year tax
exemption to R&R Investments LLC DBA Sonic Drive-In; Alderman Robertson
seconded.
YEA: Delaware NAY: Johnson
NAY: Varner YEA: Robertson
NAY: Brent
The Mayor called for the vote on the Resolution as submitted with a four (4) year tax
exemption as follows:
YEA: Delaware YEA: Johnson
YEA: Varner YEA: Robertson
NAY: Brent
There came on for consideration Mayor Delaware’s recommendation to place Police Chief Jeff
Curtis on administrative leave for three (3) days without pay and require him to attend a conflict
resolution class. After discussion, Mayor Delaware moved that the recommendation be
approved; Alderman Robertson seconded.
YEA: Delaware YEA: Johnson
NAY: Varner YEA: Robertson
NAY: Brent
After discussion regarding the Board receiving process for internal affairs investigations, Mayor
Delaware moved to authorize the Board to listen to an audio tape of a citizen filing an internal
complaint with the Police Department; Alderman Robertson seconded.
Alderman Varner moved to amend the motion and authorize the Board to listen to the audio tape
immediately after today’s meeting; Alderman Johnson seconded. Mayor Delaware and
Alderman Robertson agreed to the amendment. Mayor Delaware called for the vote as follows:
YEA: Delaware YEA: Johnson
YEA: Varner YEA: Robertson
YEA: Brent
There came on for consideration: A letter copied to the Board from Deputy City Clerk Sheila
Scott in regards to pay raises for Deputy City Clerks and stressful working conditions in the
Office of the City Clerk.
Alderman Varner moved to authorize Interim City Clerk Mario Edwards and Mayor
Delaware to meet with Deputy City Clerk Sheila Scott to express appreciation for all of
the hard work and dedication; however, raises are frozen; Mayor Delaware seconded.
YEA: Delaware YEA: Johnson
YEA: Varner YEA: Robertson
YEA: Brent
There came on for consideration: Public Works Director Walter Williams’ request for an
extension to the residency requirement for City employees until May 1, 2017, due to financial
hardship.
Alderman Varner moved to approve the request and extend the acting Public Works
Director meeting the residency requirement until May 1, 2017; Alderman Johnson
seconded.
Mayor Delaware moved to amend the motion to extend the residency requirement for 120
days; Alderman Johnson seconded.
YEA: Delaware NAY: Johnson
NAY: Varner NAY: Robertson
YEA: Brent
The Mayor called for the vote on the motion as follows:
NAY: Delaware YEA: Johnson
YEA: Varner YEA: Robertson
YEA: Brent
There came on for consideration: Public Works Director Walter Williams’ recommendation to
terminate Stacy Trotter due to insubordination and job abandonment. Alderman Varner moved
to accept the recommendation to terminate Stacy Trotter due to insubordination and job
abandonment; Mayor Delaware seconded.
YEA: Delaware ABSTAIN: Johnson
YEA: Varner NAY: Robertson
NAY: Brent
After discussion, Alderman Varner moved to place Stacy Trotter on administrative leave without
pay effective immediately until the next regular meeting October 24, 2016 to give the City an
opportunity to review the matter; Mayor Delaware seconded.
NAY: Delaware YEA: Johnson
YEA: Varner NAY: Robertson
YEA: Brent
Mayor Delaware left the meeting.
There came on for discussion: A new complaint received from the Mississippi Ethics
Commission for Police Chief Jeff Curtis failing to respond to an open records request. After
discussion, Alderman Brent moved to authorize the City Attorney to respond in writing;
Alderman Varner seconded.
ABSENT: Delaware YEA: Johnson
YEA: Varner YEA: Robertson
YEA: Brent
Mayor Delaware returned to the meeting.
There came on for consideration: Police Chief Jeff Curtis’ recommendation to accept the letter
of resignation from James Shiers. Alderman Varner moved to accept the letter of resignation
from James Shiers; Alderman Johnson seconded.
YEA: Delaware YEA: Johnson
YEA: Varner YEA: Robertson
YEA: Brent
There came on for consideration: Order to mutually terminate agreement with O’Reilly Evans,
PLLC, as requested by Attorney Sarah O’Reilly-Evans. Alderman Brent moved to authorize
termination by both parties effective in 120 days, ending February 13, 2017; Alderman
Robertson seconded.
YEA: Delaware YEA: Johnson
NAY: Varner YEA: Robertson
YEA: Brent
Alderman Varner left the meeting.
Alderman Brent moved to return to regular session; Alderman Robertson seconded.
Yeas: Delaware, Johnson, Robertson, Brent
Nays: None
Absent: Varner
An announcement was made to the public of the above actions.
Alderman Brent moved to adjourn; Alderman Johnson seconded.
Yeas: Delaware, Johnson, Robertson, Brent
Nays: None
Absent: Varner
ATTEST: APROVED:
___________________ __________________________
City Clerk Mayor