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REGULAR MEETING OF THE CITY COUNCIL 110

TUESDAY, MARCH 22, 2011 6:00 P.M.

BE IT REMEMBERED that a Regular Meeting of the City Council of Jackson,


Mississippi, was convened in the Council Chambers in City Hall at 6:00 P.M., on March
22, 2011, being the fourth Tuesday of said month when and where the following things
were had and done to wit:

Present: Council Members: Frank Bluntson, President; Quentin Whitwell,


Ward 1; Kenneth I. Stokes, Ward 3; Charles Tillman, Ward 5; and
Tony Yarber, Ward 6; Directors: Harvey Johnson, Jr., Mayor;
Brenda Pree, City Clerk; Maxine Brown, Senior Deputy City Clerk;
Patricia Ellis, Deputy City Clerk; and James Anderson, Deputy City
Attorney.

Absent: Council Members: Chokwe Lumumba, Ward 2 and Margaret


Barrett-Simon, Ward 7.

**************

The meeting was called to order by President Frank Bluntson.

**************

The invocation was offered by Captain Ken Chapman of the Jackson, Mississippi,
branch of the Salvation Army.

**************

President Bluntson recognized Mayor Harvey Johnson, Jr., who presented a


proclamation proclaiming MARCH 19-27, 2011 AS “MISSISSIPPI NAVY WEEK.”
Accepting the Proclamation with appropriate remarks were Rear Admiral Johnson and
members of the United States Navy.

**************

President Bluntson recognized Council Member Stokes who requested that the
Resolution HONORING AND COMMENDING THE LANIER HIGH SCHOOL
GIRLS BASKETBALL TEAM FOR THEIR IMPRESSIVE SEASON WINNING
THE 5A STATE CHAMPIONSHIP IN THE CITY OF JACKSON AND THE
STATE OF MISSISSIPPI be moved forward on the Agenda. Hearing no objections,
President Bluntson requested that the Clerk read the Resolution. Accepting the
Resolution with appropriate remarks were Coach James along with members of the Lanier
High School girls basketball team.

**************

President Bluntson recognized Dr. David M. Anderson Ph.D, who provided the
Council with a brief overview of the Washington Center, an organization that provides
internships to students throughout the United States.

**************

President Bluntson recognized Representative Credell Calhoun who provided the


Council with an update on proposed legislation amending Section 21-8-7(6) of Mississippi
Code (1972), regarding City Council offices in City Hall.

**************
REGULAR MEETING OF THE CITY COUNCIL 111
TUESDAY, MARCH 22, 2011 6:00 P.M.

President Bluntson introduced the following individual during the meeting:

Judge Fred Banks


**************

The time having arrived for Public Comments, President Bluntson recognized the
following people who signed up to speak during the meeting:

Mrs. Felicia Cameron expressed concern regarding billboard signs advertising


strip clubs in the City of Jackson.

Ms. Brenda Scott encouraged members of the Council and the Administration to
provide pay raises to City workers during the upcoming Fiscal Year.

Ms. Cateria Parker stated that her car was burglarized while visiting Parham
Bridges Park in North Jackson. Ms. Parker also expressed concern regarding the handling
of her case by the Jackson Police Department.

Ms. Sylester Watts expressed concern regarding the disposition of a City of


Jackson 911 operator during an emergency call to report accident. Ms. Watts stated that
individuals who chose to work in the public sector should be willing to serve the public.

Mr. Rodney Amos alleged that he sustained damages to his vehicle when he hit a
pothole in the City of Jackson on January 17, 2011. Mr. Amos requested that the Council
and Administration assist him with this matter.

Mrs. Margrit Garner discussed the need for a more viable transportation system
in the City of Jackson.

Mr. Roy Dixon expressed concerns about the cleanliness of J.R. Lynch Street. Mr.
Dixon requested that the City of Jackson clean and maintain the Lynch Street area.

*************

ORDER ACCEPTING THE BID OF BRIGHTER DAYS LAWN


SERVICE FOR LAWN SERVICES ON METRO PARKWAY -
PHASE I & II, (BID NO. 98836-122110).

WHEREAS, sealed bids for lawn services on Metro Parkway – Phase I & II
opened December 21, 2010, and three (3) bids were received; and

WHEREAS, the Parks and Recreation Department will use said lawn services to
ensure beautification of the Metro Parkway; and

WHEREAS, the staff at the Department of Parks and Recreation has reviewed all
bids submitted and recommends the bid submitted by Brighter Days Lawn Services,
received December 21, 2010, be accepted as the lowest and best bid received; and

WHEREAS, Brighter Days Lawn Services, 2208 Redbud Lane, Jackson, MS


39212, submitted the lowest and best bid meeting the specifications, and is recommended for
lawn services on Metro Parkway - Phase I & II, 25 cuts a year at $490.00 each for 3 years
totalling $36,750.00.

IT IS HEREBY ORDERED that the bid received December 21, 2010, from
Brighter Days Lawn Service for lawn services on Metro Parkway - Phase I & II be
accepted and awarded as the lowest and best bid received, it being determined that said bid
met the City specifications.
REGULAR MEETING OF THE CITY COUNCIL 112
TUESDAY, MARCH 22, 2011 6:00 P.M.

IT IS FURTHER ORDERED that payment for said services be made from the
General Fund.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

**************

ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT


WITH THE INTERNET CAFÉ AND STORE, LLC FOR A GRANT IN
AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS
($15,000.00) UNDER THE SMALL BUSINESS DEVELOPMENT
GRANT PROGRAM.

WHEREAS, pursuant to the City of Jackson’s efforts to assist the small business
owner, the Small Business Development Grant (SBDG) program was established to
provide financial resources to new and existing small businesses to be used to provide
financial assistance for the purchase of operational and technological equipment; and

WHEREAS, the maximum grant award for operational and technological


equipment inclusive is $15,000, with a 25% match required of the applicant; and

WHEREAS, a Small Business Development Grant Program Review Committee


has been formed to review applications for participation in said program, to determine
compliance with grant requirements, and to make recommendations concerning the award
of grants; and

WHEREAS, the SBDG Program Review Committee has recommended awarding


The Internet Café & Store, LLC, a Small Business Development Grant in an amount not to
exceed Fifteen ($15,000) in an effort to provide assistance for operational and
technological equipment upgrades for the facility located at 1100 J.R. Lynch Street Ste.
1&2, Jackson, Mississippi; and

WHEREAS, The Internet Café & Store, LLC, has committed to expending $20,000
for said equipment upgrades, with a reimbursement from the City of Jackson in the form of
a grant award amount not to exceed $15,000.

IT IS, THEREFORE, ORDERED that the Mayor is authorized to execute a


contract with The Internet Café and Store, LLC, providing for receipt of a Small Business
Development Grant in an amount not to exceed Fifteen ($15,000), to be used for
operational and technological equipment upgrades for the facility located at 1100 J.R.
Lynch Street Ste. 1 & 2, Jackson, Mississippi.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

**************
REGULAR MEETING OF THE CITY COUNCIL 113
TUESDAY, MARCH 22, 2011 6:00 P.M.

ORDER ACCEPTING PAYMENT OF $2,385.66 FROM ATWOOD


FENCE COMPANY AS A PROPERTY DAMAGE SETTLEMENT.

IT IS HEREBY ORDERED by the City Council for the City of Jackson,


Mississippi, that the City Attorney, or designee, be authorized to execute all necessary
documents and accept payment in the amount of $2,385.66 as a property damage
settlement for damage sustained to a City of Jackson 12” water main on or about October
14, 2010.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

**************

ORDER AUTHORIZING RENEWAL OF THE CITY OF


JACKSON’S EXCESS WORKERS’ COMPENSATION INSURANCE
POLICY WITH SOUTHERN INSURANCE, LLC, AT A RATE OF
$0.1989 PER $100 OF PAYROLL FOR THE PERIOD APRIL 1, 2011
TO APRIL 1, 2012.

IT IS HEREBY ORDERED that the City of Jackson Excess Workers’


Compensation Insurance Policy be renewed with Southern Insurance, LLC, for the period
April 1, 2011 to April 1, 2012 at a rate of $0.1989 per $100 of payroll.

The policy covers workers’ compensation claims involving employees for the City of
Jackson as follows:

• $0 - $400,000 per claim: the City of Jackson pays benefits from its workers’
compensation fund as a Self-Insurer.

• $400,000 per claim and over: Safety National Casualty Corporation


(underwriter) pays the workers’ compensation benefits up to the statutory
amount.
.
IT IS FURTHER ORDERED that this coverage may be renewed for one
additional year at the same cost and term, or lower, if it is mutually agreeable to both
parties.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER TO CONVERT EXISTING COMMERCIAL LIABILITY


INSURANCE POLICY INTO COMMERCIAL LIABILITY AND
PHYSICAL DAMAGE INSURANCE POLICY FOR CERTAIN
VEHICLES IN HUMAN AND CULTURAL SERVICES
DEPARTMENT.

WHEREAS, the City of Jackson (City) operates an Elderly and Disabled


Transportation Assistance Program in the Department of Human & Cultural Services; and

WHEREAS, it became necessary for the City to procure 13 vans, with a 20% city
ownership and 80% Mississippi Department of Transportation (MDOT) ownership
contractual arrangement, in order to operate said program; and
REGULAR MEETING OF THE CITY COUNCIL 114
TUESDAY, MARCH 22, 2011 6:00 P.M.

WHEREAS, MDOT required the City to procure automobile insurance coverage


on said vehicles; and

WHEREAS, Statewide General Insurance Agency currently provides commercial


liability insurance coverage on said vehicles at an annual cost of $39,793.00; and

WHEREAS, the City has received notice that physical damage insurance coverage
must also be obtained on said vehicles; and

WHEREAS, Statewide General Insurance Agency has agreed to convert the


existing liability insurance policy to a dual policy which will provide both commercial
liability insurance coverage and physical damage insurance coverage at a cost of
$39,645.00.

IT IS HEREBY ORDERED that the Mayor of the City of Jackson, or his


designee, be authorized to procure said insurance coverage from Statewide General
Insurance Agency at a cost of $39,645.00.

IT IS FURTHER ORDERED that the policy period for said insurance coverage
commence on March, 22, 2011, and expire on March 22, 2012.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER AUTHORIZING MAYOR TO EXECUTE A


MEMORANDUM OF UNDERSTANDING WITH THE MISSISSIPPI
WILDLIFE, FISHERIES, AND PARKS FOUNDATION FOR A ZOO
LAKE YOUTH FISHING PROJECT.

WHEREAS, the Mississippi Wildlife, Fisheries, and Parks Foundation (“MWFP


Foundation”) is proposing to institute a Zoo Lake Youth Fishing Project at the Livingston
Park Lake, City of Jackson property; and

WHEREAS, the Zoo Lake Youth Fishing Project will be geared toward youth ages
fifteen (15) or younger; and

WHEREAS, the goal of the Zoo Lake Youth Project is to introduce youth in the
City of Jackson to fishing, as well as provide them with instruction and knowledge
regarding the same; and

WHEREAS, the Department of Parks and Recreation recommends the execution of


a Memorandum of Understanding with the MWFP Foundation, as said Zoo Lake Youth
Project will increase the quality of life of the youth within the City of Jackson, as well as
revitalize the Livingston Park Lake.

IT IS HEREBY ORDERED that the Mayor be authorized to execute a


Memorandum of Understanding with the MWFP Foundation, along with any and all related
documents, for the Zoo Lake Youth Fishing Project.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************
REGULAR MEETING OF THE CITY COUNCIL 115
TUESDAY, MARCH 22, 2011 6:00 P.M.

ORDER AUTHORIZING SALE OF CITY OWNED MOTOR


VEHICLES AND EQUIPMENT AT PUBLIC AUCTION ON APRIL
2, 2011.

WHEREAS, the City of Jackson is authorized by Section 21-17-1 of the


Mississippi Code to dispose of surplus personal property; and

WHEREAS, the Fleet Manager has identified and attached to this Order equipment
and vehicles no longer needed; and

WHEREAS, it would be in the best interest of the City to dispose of the vehicles
and equipment at auction; and

WHEREAS, a list of said city owned motor vehicles and equipment available for
sale at public auction has been compiled and placed on file with the City Clerk.

IT IS, THEREFORE, ORDERED that municipally-owned surplus motor vehicles


and equipment be sold at a public auction to be held at 4225-C Michael Avalon Street on
Saturday, April 2, 2011.

IT IS FURTHER ORDERED that the Municipal Fleet Manager be authorized to


sign necessary documents to transfer title of the motor vehicles and equipment, which are
sold at said public auction.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Tillman, Yarber, and Whitwell.


Nays – Stokes.
Absent - Barrett-Simon and Lumumba.

***************

ORDER AUTHORIZING THE SALE OF MOTOR VEHICLES AND


EQUIPMENT AT PUBLIC AUCTION ON APRIL 02, 2011.

WHEREAS, the City of Jackson routinely receives and recovers lost, stolen,
abandoned or misplaced motor vehicles which must be disposed of pursuant to the
procedure set forth in Section 21-39-21, Mississippi Code of 1972, as amended; and

WHEREAS, it is necessary to sell those motor vehicles and equipment at public


auction; and

WHEREAS, a list of said motor vehicles and equipment available for sale at public
auction has been compiled and placed on file with the City Clerk and has been posted in
accordance with Section 21-39-21.

IT IS, THEREFORE, ORDERED that motor vehicles available for sale pursuant
to compliance with Section 21-39-21, Mississippi Code of 1972, as amended, be sold at a
public auction to be held at 4225-C Michael Avalon Street on April 02, 2011.

IT IS FURTHER ORDERED that the JPD Supervisor of the Impound Lot be


authorized to sign such documents as necessary to declare those vehicles and equipment to
be abandoned, which are sold at said auction

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Tillman, Yarber, and Whitwell.


Nays – Stokes.
Absent - Barrett-Simon and Lumumba.
***************
REGULAR MEETING OF THE CITY COUNCIL 116
TUESDAY, MARCH 22, 2011 6:00 P.M.

ORDER AUTHORIZING THE OFFICE OF THE CITY ATTORNEY


TO ENTER NECESSARY LEGAL DOCUMENTS WITH RESPECT
TO ANNEXATION IN THE CITY OF FLOWOOD, MISSISSIPPI.

WHEREAS, the City of Jackson, Mississippi is named as a defendant in the


following lawsuit:

IN THE MATTER OF THE ENLARGEMENT, AND


EXTENSION OF THE MUNICIPAL BOUNDARIES OF THE
CITY OF FLOWOOD, RANKIN COUNTY CHANCERY
COURT OF RANKIN COUNTY; CAUSE NO. 70,202

WHEREAS, this matter is scheduled for hearing on April 21, 2011 at 9:00 a.m. in
the Rankin County Chancery Courthouse; and

WHEREAS, the land that Flowood seeks to Annex is on the extreme eastern edge
of Flowood, north of Hwy 25; and

WHEREAS, the proposed annexation involves land that is not in the City of
Jackson’s growth pattern, and the land at issue is not served by any City of Jackson
municipal infrastructure; and

WHEREAS, the City Attorney’s Office requests authority to execute all necessary
legal documents indicating that the City of Jackson does not object to the annexation.

NOW, THEREFORE, IT IS HEREBY ORDERED by the City Council of the


City of Jackson, Mississippi, that the Office of the City Attorney is authorized to file any
and all legal documents necessary indicating that the City of Jackson does not object to the
proposed annexation in the above-referenced matter.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER AUTHORIZING THE MAYOR TO EXECUTE ANY AND


ALL DOCUMENTS NECESSARY TO ADMINISTER A GRANT
WITH THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL
QUALITY TO FUND THE ENVIRONMNETAL SERVICE CENTER
(ESC), A PERMANENT HOUSEHOLD HAZARDOUS WASTE
COLLECTION SITE.

WHEREAS, the Environmental Service Center, located at 1570 Terry Road, is


funded through the Mississippi Department of Environmental Quality’s Solid Waste
Assistance Grant; and

WHEREAS, the Solid Waste Assistance Grant is applied for every October 1st and
st
April 1 of each fiscal year; and

WHEREAS, the City is requesting the full amount of $75,000 every October 1 st
and April 1st of each year to keep the Environmental Service Center operational; and

WHEREAS, the City provides the Environmental Service Center to residents in the
tri-counties for the proper disposal of all household hazardous waste materials that cannot
be disposed of with regular garbage.
REGULAR MEETING OF THE CITY COUNCIL 117
TUESDAY, MARCH 22, 2011 6:00 P.M.

IT IS HEREBY ORDERED that the Mayor be authorized to execute any and all
documents necessary to administer a grant for $75,000 with the Mississippi Department of
Environmental Quality, whose grant application is April 1, 2011, to fund the ESC, a
permanent household hazardous waste collection site.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

There came on for Introduction Agenda Item No. 11 – ORDINANCE OF THE


CITY COUNCIL OF JACKSON, MISSISSIPPI AUTHORIZING THE
ABATEMENT OF CHRONIC NUISANCE PROPERTIES WITHIN THE CITY OF
JACKSON. Said item was referred to the Planning Committee.

**************

There came on for Introduction Agenda Item No. 12 – ORDINANCE OF THE


CITY COUNCIL OF JACKSON, MISSISSIPPI PROHIBITING THE ROADSIDE
SALE OF ANIMALS. Said item was referred to the Inter-Governmental Relations
Committee.
**************

There came on for Introduction Agenda Item No. 13 – ORDINANCE OF THE


CITY COUNCIL OF JACKSON, MISSISSIPPI ESTABLISHING AND
REGULATING MOBILE FOOD VENDING UNITS IN THE DOWNTOWN
JACKSON AREA. Said item was referred to the Rules Committee.

**************

ORDER APPROVING CLAIMS NUMBERED 6422 TO 6933


APPEARING AT PAGES 997 TO 1072 INCLUSIVE THEREON, ON
MUNICIPAL “DOCKET OF CLAIMS”, IN THE AMOUNT OF
$2,142,806.30, AND MAKING APPROPRIATION FOR THE
PAYMENT THEREOF.

IT IS HEREBY ORDERED that claims numbered 6422 to 6933, appearing at


pages 997 to 1072 inclusive thereon, in the Municipal “Docket of Claims”, in the aggregate
amount of $2,142,806.30 are hereby approved for payment and said amount is expressly
appropriated for the immediate payment thereof.

IT IS FURTHER ORDERED that there is appropriated from the various funds the
sums necessary to be transferred to other funds for the purpose of paying the claims as
follows:

TO
ACCOUNTS PAYABLE
FROM: _____ ____ FUND______

09 American Recvry&Reinves Act $ 20,393.86


2008 GO Street Construction FD 7,364.43
Americorp Capital City Rebuild 236.94
Early Childhood (Daycare) 16,158.18
Emergency Shelter Grant (ESG) 3,544.80
General Fund 895,123.30
H O P W A Grant – Dept. of Hud 12,743.61
REGULAR MEETING OF THE CITY COUNCIL 118
TUESDAY, MARCH 22, 2011 6:00 P.M.

Home Program Fund 19,255.06


Housing Comm Dev Act (CDBG) FD 346.71
JKN Convention & Visitors Bur 230,067.20
Landfill/Sanitation Fund 71,310.21
Madison Sewage Disp OP & Maint 35.43
NCSC Senior Aides 1,780.04
Parks & Recr. Fund 41,143.87
Repair & Replacement Fund 490.47
State Tort Claims Fun 229,550.90
Technology Fund 7,741.04
Title III Aging Programs 280.19
Transportation Fund 43,826.72
Water/Sewer OP & Maint Fund 524,975.09
Water/Sewer Revenue Fund 16,438.25

$2,142,806.30

Council Member Yarber moved adoption; Council Member Tillman seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

**************
ORDER APPROVING GROSS PAYROLL INCLUDING PAYROLL
DEDUCTION CLAIMS NUMBERED 6422 TO 6933 AND MAKING
APPROPRIATION FOR THE PAYMENT THEREOF.

IT IS HEREBY ORDERED that payroll deduction claims numbered 6422 to


6933 inclusive therein, in the Municipal “Docket of Claims”, in the aggregate amount of
$155,401.47 plus payroll, are approved for payment and necessary amounts are
appropriated from various municipal funds for transfer to the Payroll Fund for the
immediate payment thereof.

IT IS FINALLY ORDERED that the following expenditures from the Accounts


Payable Fund be made in order to pay amounts transferred thereto from the Payroll Fund
for payment of the Payroll Deduction claims authorized herein for payment:

TO TO
ACCOUNTS PAYABLE PAYROLL
FROM: ______FUND_____ ___ FUND__

GENERAL FUND 26,758.22


PARKS & RECR. 18,289.16
LANDFILL FUND 6,422.02
SENIOR AIDES 14,210.65
WATER/SEWER OPER. & MAINT 29,435.80
PAYROLL FUND 155,401.47
EARLY CHILDHOOD 2,796.11
TITLE III AGING PROGRAMS 2,901.57
JX TRANSITIONAL JOB PRJEC 2,646.00
T-WARNER PA/GA FUND 174.20
SUSPENSE ACCOUNT 240.00
155,401.47 103,873.73
REGULAR MEETING OF THE CITY COUNCIL 119
TUESDAY, MARCH 22, 2011 6:00 P.M.

Total:$259,275.20

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER EMPLOYING MALACHI FINANCIAL PRODUCTS INC.


AS FINANCIAL ADVISOR FOR THE ISSUANCE OF WATER-
SEWER REFUNDING/RESTRUCTURING BONDS.

WHEREAS, the City is evaluating alternatives in the current market to


refund/restructure the 2002 Water-Sewer Bonds; and

WHEREAS, the City will have to engage the services of a Financial Advisor to
issue Water-Sewer Refunding/Restructuring Bonds; and

WHEREAS, the City recommends the employment of Malachi Financial Products


Inc. as Financial Advisor for the issuance of Water-Sewer Refunding/Restructuring Bonds
for a fee of $110,000 plus expenses.

IT IS, THEREFORE, ORDERED that the City is authorized to employ Malachi


Financial Products Inc. as Financial Advisor for the issuance of Water-Sewer
Refunding/Restructuring Bonds for a fee of $110,000 plus expenses.

Council Member Yarber moved adoption; Council Member Bluntson seconded.

_____________

Council Member Stokes expressed reservations regarding the issuance of the Water-Sewer
Refunding/Restructuring Bonds. Mayor Johnson responded that refinancing of the Bonds
could potentially save the City $1.5 million. After further discussion on the matter,
President Bluntson called for the final vote:

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER EMPLOYING UNDERWRITERS AND CONFIRMING


UNDERWRITER’S COUNSEL FOR THE ISSUANCE OF WATER-
SEWER REFUNDING / RESTRUCTURING BONDS.

WHEREAS, the City is evaluating alternatives in the current market to


refund/restructure the 2002 Water-Sewer Bonds; and

WHEREAS, the City will have to engage the services of an Underwriter to issue
the Water-Sewer Refunding / Restructuring Bonds; and

WHEREAS, the City recommends employment of Rice Financial Products, Inc.


and Loop Capital Markets, Inc. as the Underwriters for a fee of $4.75 per bond; and

WHEREAS, the City is confirming the appointment of Phelps Dunbar and The
May Law Group as Underwriter’s Counsel for a fee of $90,000 plus expenses.
REGULAR MEETING OF THE CITY COUNCIL 120
TUESDAY, MARCH 22, 2011 6:00 P.M.

IT IS, THEREFORE, ORDERED that the City is authorized to employ Rice


Financial Products, Inc. and Loop Capital Markets, Inc. as the Underwriters, and is
confirming Phelps Dunbar and The May Law Group as Underwriter’s Counsel for the
issuance of Water-Sewer Refunding / Restructuring Bonds at an underwriting fee of $4.75
per bond for Rice Financial Products Inc. and Loop Capital Markets, Inc. and
Underwriter’s Counsel at a fee of $90,000 plus expenses.

Council Member Tillman moved adoption; Council Member Stokes seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER EMPLOYING BOND COUNSEL FOR THE ISSUANCE OF


WATER-SEWER REFUNDING/RESTRUCTURING BONDS.

WHEREAS, the City is evaluating alternatives in the current market to


refund/restructure the 2002 Water-Sewer Bonds; and

WHEREAS, the City will have to engage the services of Bond Counsel to issue the
Water-Sewer Refunding / Restructuring Bonds; and

WHEREAS, the City is authorizing the employment of Baker Donelson and The
Begley Law Firm as Bond Counsel.

IT IS, THEREFORE, ORDERED that the City is authorized to retain Baker


Donelson and The Begley Law Firm to serve as Bond Counsel for the issuance of Water-
Sewer Refunding/Restructuring Bonds for a fee of $150,000 plus expenses.

Council Member Tillman moved adoption; Council Member Stokes seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

1ORDER AUTHORIZING FINAL PAYMENT TO DONALD SMITH


COMPANY, INC. IN THE AMOUNT OF $49,342.00 AND
AUTHORIZING PUBLICATION OF NOTICE OF PROJECT
COMPLETION, HWY. 18 WELL REPAIR.

WHEREAS, on August 10, 2010, the City Council authorized the Mayor to
execute a contract with Donald Smith Company, Inc. for construction of Hwy. 18 Well
Repair in the amount of $49,342.00, which has been executed by the Mayor; and

WHEREAS, the Director of the Department of Public Works having reported to


the Council that the final payment under the contract should be made to the Contractor; and

WHEREAS, it appears to the Council that a final inspection was performed; and

WHEREAS, the bonding company, First Sealord Surety, Inc., Jeff Rodgers,
Attorney-In-Fact, sureties on the performance of the contract, have authorized the release
and payment of all money due under the contract.
REGULAR MEETING OF THE CITY COUNCIL 121
TUESDAY, MARCH 22, 2011 6:00 P.M.

IT IS HEREBY ORDERED that final payment in the amount of $49,342.00 is


hereby authorized to be made to Donald Smith Company, Inc. for all work done and
materials furnished to complete the Hwy. 18 Well Repair under the contract, and that all
securities held be released and that publication of Notice of Completion be authorized.

Council Member Stokes moved adoption; Council Member Tillman seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************

ORDER AUTHORIZING THE MAYOR TO EXECUTE CHANGE


ORDER #2/FINAL TO THE CONTRACT OF GARRETT
ENTERPRISES, INCREASING THE CONTRACT AMOUNT BY
$23,941.01 RESULTING IN A FINAL PROJECT COST OF
$591,311.01, FURTHER AUTHORIZING FINAL PAYMENT IN THE
AMOUNT OF $99,707.35 AND PUBLICATION OF NOTICE OF
COMPLETION OF EUBANKS CREEK DRAINAGE
IMPROVEMENTS PHASE II (GEESTON STREET TO FONTAINE
AVENUE), CITY PROJECT 050397-904.

WHEREAS, on February 9, 2010, the City of Jackson accepted the bid of Garrett
Enterprises in the amount of $567,370.00 to commence work on Eubanks Creek Phase II
between Geeston Street and Fontaine Avenue; and

WHEREAS, the Notice to Proceed was issued on April 6, 2010, with the Contract
Construction time scheduled to start on April 6, 2010; and

WHEREAS, Change Order #1, which increased the contract time by 60 calendar
days, is due to the reduction in precast box culvert and structural excavation quantities and
the addition of additional curb inlets, reinforcing steel, and full-depth asphalt pavement
repair and overlay; and

WHEREAS, Change Order #2, an increase of $23,941.01, is a result of the removal


and reinstallation of a box culvert; and

WHEREAS, a Final Inspection was held by City of Jackson personnel and deemed
to be in substantial completion on October 14, 2010, and the Surety, The Guarantee
Company of North America USA, has authorized release and payment of all monies due
under this contract.

IT IS, THEREFORE, ORDERED that Change Order #2/Final Payment to the


contract of Garrett Enterprises in the amount of $99,707.35 and representing an increase
amount of $23,941.01 in the contract price be hereby authorized.

IT IS FURTHER ORDERED that publication of the Notice of Completion and


the execution of any and all documents necessary to close out the project is authorized for
Eubanks Creek Drainage Improvements Phase II (Geeston Street to Fontaine Avenue), City
Project Number 050397-904.

Council Member Stokes moved adoption; Council Member Tillman seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************
REGULAR MEETING OF THE CITY COUNCIL 122
TUESDAY, MARCH 22, 2011 6:00 P.M.

ORDER ACCEPTING THE BID OF UTILITY CONSTRUCTORS,


INC., AND AUTHORIZING THE EXECUTION OF THE
CONTRACT AND ALL RELATED DOCUMENTS FOR THE
CEDARS OF LEBANON BRIDGE REPLACEMENT, CITY
PROJECT NO. 9AA4500.

WHEREAS, the City of Jackson received bids for the construction of the Cedars of
Lebanon Bridge Replacement, City Project No. 9AA4500; and

WHEREAS, Utility Constructors, Inc. submitted the lowest bid of $686,775.00;


and

WHEREAS, the Public Works Department recommends that the City of Jackson
accept the lowest and best bid, the bid of Utility Constructors, Inc.

IT IS, THEREFORE, ORDERED that the City of Jackson accept the bid of
Utility Constructors, Inc. for the amount of $686,775.00 received on Tuesday February 22,
2011 as the lowest, and best bid for The Cedars of Lebanon Bridge Replacement, City
Project No. 9AA4500.

IT IS FURTHER ORDERED that the Mayor is authorized to execute all related


documents pertaining to the Cedars of Lebanon Bridge Replacement, and the City Clerk is
authorized to attest for the City a Contract with Utility Constructors, Inc. for the Cedars of
Lebanon Bridge Replacement, City Project No. 9AA4500, according to the City’s
invitation to bidders, the bid accepted, and the specifications for the project.

Council Member Stokes moved adoption; Council Member Yarber seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************
ORDER AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST A JOINT FUNDING AGREEMENT
BETWEEN THE CITY AND THE DEPARTMENT OF INTERIOR,
U.S. GEOLOGICAL SURVEY FOR THE WATER-RESOURCES
DATA COLLECTIONS SYSTEMS AND THE PEARL RIVER FLOOD
TRACKING NETWORK, THE CITY'S SHARE WILL BE $51,685.00.

IT IS HEREBY ORDERED that Mayor Harvey Johnson, Jr., be authorized to


execute and the City Clerk be authorized to attest for and on behalf of the City a Joint
Funding Agreement with the Department of Interior, United States Geological Survey,
for the Water Resources data collection system and the Pearl River Flood Tracking
Networking. The City's share will be $51,685.00 and will be funded through the
infrastructure Management Division's FY 2010/2011 operating budget and Water/Sewer
Operation and Maintenance Fund.

Council Member Stokes moved adoption; Council Member Tillman seconded.

Yeas – Bluntson, Stokes, Tillman, Yarber, and Whitwell.


Nays – None.
Absent - Barrett-Simon and Lumumba.

***************
REGULAR MEETING OF THE CITY COUNCIL 123
TUESDAY, MARCH 22, 2011 6:00 P.M.

President Bluntson recognized Council Member Stokes who presented Agenda


Item No. 23: DISCUSSION: ELEVATOR INSPECTION. Council Member Stokes
stated that he was informed by employees in the City’s Planning Department that the State
of Mississippi was responsible for the inspection of elevators. Mayor Johnson responded
that the City’s elevator was inspected and maintained by a private company.

**************
Council Member Stokes presented Agenda Item No. 24: DISCUSSION:
MEMORIAL STADIUM. Council Member Stokes requested that Mayor Johnson
explore the possiblity of allowing City of Jackson youth to utilize Memorial Stadium
during the summer months so that they could have a safe environment to congregate.

**************
President Bluntson recognized Council Member Tillman who presented Agenda
Item No. 25: DISCUSSION: SEWAGE BACK-UP (CITY’S RESPONSIBILITY).
Agenda Item No. 25 was thoroughly discussed during the Council’s Work Session.
Council Member Tillman, however, reiterated his concerns regarding charging
homeowners exhorbitant fees for the installation of new sewer taps.

**************

The following upcoming events were announced during the meeting:

Mayor Johnson announced that the Mississppi High School Athletic Association
Baseball State Playoffs would be held at 8:00 a.m. on Saturday, May 17th, and on Sunday
May 18th, 2011.

Council Member Yarber announced that a Planning Committee Meeting would be


held at 3:00 p.m. on Monday, April 11, 2011.

Council Member Tillman announced that the Alcorn State University Alumni
Chapter’s Legends Ball would be held at 7:00 p.m. on Saturday, March 25, 2011.

Council Member Stokes announced that a Rules Committee Meeting would be


held at 4:00 p.m. on Wednesday, March 23, 2011.

The meeting was closed in memory of the following individuals:

•Mrs. Webster
•Ms. Minnie Pearl Poole
•Mr. Curtis Levell Carter
•Mr. Garland Carr
•Elder Joe Lewis Coleman, Sr.

**************

There being no further business to come before the City Council, it was
unanimously voted to adjourn until the next Special Meeting to be held at 4:00 p.m. on
Monday, March 28, 2011; and at 8:00 p.m., the Council stood adjourned.

ATTEST: APPROVED:

, __________
CITY CLERK MAYOR DATE

**************

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