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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.


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.


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.


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.


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.


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.


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.


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.


Nays: None


Alderman Varner moved to approve; Mayor Delaware seconded.


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.


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.


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.


Nays: None

Executive Session:


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.



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: 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: 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: 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: 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: 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: 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

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