REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 4, 2014, AT 6:00 P. M.
CITY HALL, PASCAGOULA, MISSISSIPPI
The City Council of the City of Pascagoula, Mississippi, met at City Hall in a regular
meeting on Tuesday, February 4, 2014, at 6:00 p.m. Mayor Blevins called the meeting to order
with the following officials present:
Mayor Harry J. Blevins
Councilman Burt Hill
Councilman Freddy Jackson
Councilwoman Brenda Simkins
Councilman David Tadlock
Councilman Larry Taylor
Councilman Scott Tipton
City Manager Joe Huffman
City Attorney Eddie Williams
Chief Deputy City Clerk Carol Groen
City Clerk/Comptroller Robert J. Parker
*****
Mayor Blevins welcomed everyone to the meeting. The invocation was given by
Councilman Hill. The pledge of allegiance was led by Councilwoman Simkins.
*****
At this time, Mayor Blevins recognized the 2014 Arbor Day Proclamation of the second
Friday in February as Arbor Day in conjunction with Mississippi’s designated Arbor Day. This
proclamation supports the Tree City USA Designation.
The Proclamation is spread on the minutes as follows:
Amy Brandenstein with Emerge addressed the Council about advertising the resources of
the City through the Jackson County Chamber of Commerce Emerge Sponsorship Program. A
handout was given showing the vision statement, mission statement and goals.
After a brief presentation, Councilwoman Simkins made a motion to continue this item until the
next Council meeting on Thursday, February 6, 2014. The motion was seconded by Councilman
Tadlock and received the following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”,
Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”.
(Approved 2-04-14)
*****
The consent agenda was considered at this time:
The first item for consideration was the minutes of the recessed regular Council meeting of
January 21, 2014, as recommended by Brenda Reed, Asst. City Clerk.
Councilwoman Simkins made a motion to adopt and approve minutes of the recessed
regular Council meeting of January 21, 2014, as recommended. The motion was seconded by
Councilman Jackson and received the following vote: Mayor Blevins “AYE”. Councilmen Hill
“AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”.
(Approved 2-04-14)
*****
The next item for consideration was a request to advertise the resources of the City through
the Boys and Girls Clubs of Jackson County Annual Golf Tournament for $100.00 (Hole Sponsor)
to be held on Sunday, March 15, 2014, at the Gulf Hills Golf Club in Ocean Springs, MS, as
recommended by Eddie Williams, City Attorney. The City is given legal authority to provide
support to this group by Section 21-17-1, a non-profit corporation that has qualified as a 501 (c)
(3).
Councilwoman Simkins a motion to approve the request to advertise the resources of the
City as recommended. The motion was seconded by Councilman Jackson and received the
following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins
“AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”. (Approved 2-04-14)
*****
The next item for consideration was a request to advertise the resources of the City through
the Pascagoula High School Dugout Club 2014 season for a full page ad in the amount of $200.00.
The City is given legal authority to provide support by Section 174-3-1, Mississippi Code 1972 as
recommended by Eddie Williams, City Attorney.
Councilwoman Simkins a motion to approve the request to advertise the resources of the
City as recommended. The motion was seconded by Councilman Jackson and received the
following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins
“AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”. (Approved 2-04-14)
*****
The next item for consideration was a request to advertise the resources of the City by
approving Pascagoula Main Street to provide trophies for the King, Queen, and Parade Marshall for
the “Best Decorated Float” and “Best Costume” in the Children’s Mardi Gras Parade as
recommended by Rebecca Davis, Main Street Director. The amount is $200.00.
Councilman Jackson made a motion to approve the request to advertise the resources of the
City by approving Pascagoula Main Street to provide trophies for the King, Queen, and Parade
Marshall for the “Best Decorated Float” and “Best Costume” in the Children’s Mardi Gras Parade
for $200.00 as recommended. The motion was seconded by Councilwoman Simkins and received
the following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins
“AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”. (Approved 2-4-14)
*****
The next item for consideration was a request for retroactive approval of grant application
in the amount of $62,498.00 with a local match of $15,642.50 as recommended by Joe Huffman,
City Manager. This grant application pertains to the Multi-Jurisdictional Drug Task Force (South
MS Metro Enforcement) for 2014 funding. The match will come from the Drug Task Force funds.
Councilwoman Simkins a motion to approve the request for retroactive approval of a grant
application as recommended. The motion was seconded by Councilman Jackson and received the
following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins
“AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”. (Approved 2-04-14)
(A copy of the related documents is filed in the minute file of this meeting and incorporated herein
by reference.)
*****
The next item for consideration was a request to approve a one year extension to the
existing contract with Brown, Mitchell & Alexander, Inc. for Miscellaneous Engineering Services
with the annually adjusted fee schedule as recommended by Jaci Turner, City Engineer. Authorize
the City Manager to execute related documents and all work is done and funded through individual
task orders, no funding is required.
The one year extension is spread on the minutes as follows:
Councilwoman Simkins a motion to approve the request for a one year extension to the
existing contract with Brown, Mitchell & Alexander, Inc., as recommended. The motion was
seconded by Councilman Jackson and received the following vote: Mayor Blevins “AYE”.
Councilmen Hill “AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and
Tipton “AYE”. (Approved 2-04-14)
*****
The next item for consideration was a request to approve a one year extension to the
existing contract with Compton Engineering for Miscellaneous Engineering Services as
recommended by Jaci Turner, City Engineer. Authorize the City Manager to execute related
documents and all work is done and funded through individual task orders, no funding is needed.
The one year extension is spread on the minutes as follows:
Councilwoman Simkins a motion to approve the request for a one year extension to the
existing contract with Compton Engineering as recommended. The motion was seconded by
Councilman Jackson and received the following vote: Mayor Blevins “AYE”. Councilmen Hill
“AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”.
(Approved 2-04-14)
****
Item I which was the Change Order No. 2 for Point Park Site Improvements 2013 - Rebid
was removed from the consent agenda and will be considered on the February 6, 2014 agenda.
*****
The next item for consideration was the the request to approve Task Order No. 2 with
Brown, Mitchell and Alexander in the amount not to exceed $39,500.00 for design, development,
construction document preparation, bidding and construction administration services for amenity
additions to Phase 1 of the Beachfront Promenade as recommended by Darcie Crew, Parks &
Recreation Director. This will include: 2 seating/shade structures, 2 beach showers, 1 drinking
fountain, pier water and lighting systems and 2 pedestrian bridges over drainage canals.
The Task Order No. 2 is spread on the minutes as follows:
Councilwoman Simkins made a motion the request to approve Task Order No. 2 with
Brown, Mitchell and Alexander as recommended. The motion was seconded by Councilman
Jackson and received the following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”,
Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”.
(Approved 2-04-14)
*****
The next item for consideration was the lease purchase of ten (10) police vehicles through
Ford Motor Credit and authorize the City Manager to execute related documents as recommended
by Kenny Johnson, Police Chief
Councilwoman Simkins a motion to approve the lease purchase of ten (10) police vehicles
through Ford Motor Credit as recommended. The motion was seconded by Councilman Jackson
and received the following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson
“AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”.
(Approved 2-04-14)
(A copy of the related documents is filed in the minute file of this meeting and incorporated herein
by reference.)
*****
The next item for consideration was the request for permission for the City Clerk to
advertise for the CDBG Administration Services Proposals as recommended by Jen Dearman,
Community & Economic Development Director.
The RFP for the CDBG Administration Services is spread on the minutes as follows:
CITY OF PASCAGOULA, MISSISSIPPI
REQUEST FOR PROPOSALS
The City of Pascagoula will accept sealed proposals from qualified firms for professional services required
for action plan preparation and subsequent administration of its annual CDBG Entitlement grant funds.
The services required for this project are:
Assist the City in the preparation of an action plan and subsequent program administration including
management accounting, required reports to HUD and the State, implementation of applicable State and
Federal laws, regulations and requirements, establishment and maintenance of a filing system, and serve as
liaison between the City and the State.
SECTION 3 REQUIREMENTS
Section 3 of the Housing and Urban Development Act of 1968 requires that the City and contractors
participating in CDBG project give opportunities for job training and employment to lower income residents
of the Section 3 area that is described below:
1. Section 3 also requires that to the maximum extent feasible; contracts for work in connection with Section
3 covered projects be awarded to business concerns that are located in or owned in substantial part by
persons residing in the Section 3 area.
2. The Section 3 area is defined as follows: The city limits of Pascagoula.
Proposals for this project will be rated according to the following criteria:
1.
EXPERIENCE with similar Community Development Block Grant Projects; proposal must identify the
primary individual performing the administrative functions; and experience with HUD requirements;
2.
QUALIFICATIONS, knowledge, and technical expertise with action plans and CDBG administration,
specifically identifying qualifications of each individual performing administrative functions;
3.
CAPACITY FOR PERFORMANCE to perform required services in a timely manner, given current
workload and staff.
All proposals will be rated on the following system to determine the best offer: Description and maximum
points: Qualifications - 40; Experience - 40; Capacity - 20; Total: 100 Points.
Proposals are being requested in accordance with OMB Circular A-102, Attachment O, Paragraph 11C, and
"Competitive Negotiations". Contracts will be awarded to the qualified proposers whose proposal is
determined to be most advantageous to the City. The City Council reserves the right to reject any and all
proposals and to waive any irregularities or informalities in the proposal process. The City of Pascagoula is
an equal opportunity employer.
All proposals shall be submitted in a sealed envelope labeled with NAME OF FIRM OR INDIVIDUAL: CDBG
Administration Proposal. If a proposal is submitted by mail, the post office address of the City Clerk is P.O.
Drawer 908, Pascagoula, Mississippi 39568-0908. If a proposal is hand-delivered, the street address of the
City Clerk is 603 Watts Avenue, Pascagoula, Mississippi 39567-4220. Proposals must be submitted no later
than 4:00 P.M., March 1, 2014, after which time they will be opened by the Selection Committee.
Questions may be referred to Jen Dearman at (228) 938-6651.
Councilwoman Simkins a motion to approve the request for permission for the City Clerk to
advertise for the CDBG Administrative Services Proposals as recommended. The motion was
seconded by Councilman Jackson and received the following vote: Mayor Blevins “AYE”.
Councilmen Hill “AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and
Tipton “AYE”. (Approved 2-04-14)
*****
The next item for consideration was a request to approve the 2014 Engagement Letter for
the 2014 Continuing Disclosure statement as required by the Securities and Exchange Commission
for a fee of $1,500.00 as recommended by Bobby Parker, City Clerk/Comptroller. Authorize the
City Manager to execute related documents.
The 2014 Engagement Letter is spread on the minutes as follows:
BUTLER-SNOW
January 27, 2014
VIA E-MAIL AT CITYCLERK@CITYOFPASCAGOULA.COM
Robert Parker
Pascagoula, Mississippi City Clerk
P.O. Box 908
Pascagoula, MS 39568-0908
Re:
City of Pascagoula, Mississippi 2014 Continuing Disclosure Submission
Dear Mr. Parker:
We served as Bond Counsel in connection with various bond issues of the City. In the
past, the City retained our firm to prepare and submit the City's Continuing Disclosure
Information Statement in connection with the Bonds. It is once again time to prepare the current
year's annual disclosure.
As you may recall, pursuant to each Continuing Disclosure Agreement executed in
connection with the issuance of the Bonds, the City is required to provide on an annual basis
certain financial information and operating data to the (i) (a) Municipal Securities Rulemaking
Board (the "MSRB") through MSRB's Electronic Municipal Market Access system at
www.emma.msrb.org ("EMMA"), in the electronic format then prescribed by the Securities and
Exchange Commission (the "SEC") (the "Required Electronic Format") pursuant to Rule 15c212, as amended from time to time (the "Rule") of the SEC, together with any identifying
information or other information then required to accompany the applicable filing (the
"Accompanying Information"), and (b) in the future, any successor repository or repositories
prescribed by the SEC for the purpose of serving as repository under the Rule (together (a) and
(b) are the "National Repository"); and (ii) any public or private repository or entity designated
by the State as a State repository for the purposes of the Rule (the "State Repository" and
together with the National Repository, the "Repository"), together with any identifying
information or other information then required to accompany the applicable filing (the
"Accompanying Information"). This continuing disclosure requirement is set forth in the Rule
and requires such updated data be filed with EMMA no later than 180 days after the end of each
fiscal year. This year's filing is due on or before March 31, 2014. Failure to file timely and to
comply with the Rule could result in an Enforcement Action by the SEC where the SEC may
attempt to require performance and may allege penalties are owed. Additionally, the City's
failure to disclose timely may adversely impact bondholders of the Bonds and could adversely
affect the sale of future bonds issued by the City.
ELIZABETH LAMBERT GARNER
Post Office Box 60 I 0
Ridgeland, MS 39I58-60IO
601.985.4406
elizabeth.garner@but!ersnow.com
Suite 1400
I 020 Highland Colony Parkway
Ridgeland, MS 39I57
T 60I.948.5711 • F 60I.985.4500 • www.butlersnow.com
BuTLER SNow LLP
If you would like for our firm to again prepare the Continuing Disclosure Information
Statement, we will charge legal fees in an amount not to exceed $1,500.00 (which
includes expenses) to compile the necessary information, with the assistance of the City, and
submit the same EMMA.
If you would like for us to handle this matter for you, please have this proposal
approved and return a signed copy of this letter to us at your earliest convenience.
Alternatively, if you do not wish for us to handle this matter for you, please sign the portion of
this letter indicating same, and return it to us. If you have any questions or wish to discuss this
matter further, please do not hesitate to contact me.
Very truly yours,
BUTLER SNOW LLP
Elizabeth Lambert Gamer
APPROVED B Y :
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Title:
We do not wish to retain Butler Snow LLP to prepare the Continuing
Disclosure Information Statement for the City of Pascagoula.
Name:
_
Title:
_
Date: ______________________________________
cc:
Eddie Williams, Esquire (via email:
ewilliams@cityofpascagoula.com) Jim Blevins, Mayor, (via e-mail:
jimblevins@,cityofpascagoula.com)
ButlerSnow 19245548vl
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Councilwoman Simkins a motion to approve the 2014 Engagement Letter for the 2014
Continuing Disclosure statement as recommended. The motion was seconded by Councilman
Jackson and received the following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”,
Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”.
(Approved 2-04-14)
*****
The next item for consideration was Budget Amendment 14.24 in the General Fund for
the Public Works Department as recommended by Bobby Parker.
The Budget Amendment 14.24 is spread on the minutes as follow:
City of Pascagoula
Budget Amendment # 14.24
February 4, 2014
Current
Budget
Budget
Amendment
Amended
Budget
General Fund
Expenditures:
Public Works
Other Services & Charges:
Engineering Services
Total Expenditures
Net Change in Fund Balance
15,000
2,000
17,000
15,000
2,000
17,000
(2,000)
To amend budget to provide expenditure
authority for
the watershed study (by Compton
Engineering) of the
Bayou Yazoo drainage basin approved by
Council on
December 3, 2013.
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Councilwoman Simkins a motion to approve Budget Amendment 14.24 as recommended.
The motion was seconded by Councilman Jackson and received the following vote: Mayor
Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”,
Taylor “AYE”, and Tipton “AYE”. (Approved 2-04-14)
*****
The next item for consideration was an Order ratifying and approving actions taken by
the Mayor Pro Tempore and City Manager in response to the recent local emergency and
declaring an end to the local emergency as recommended by Eddie Williams, City Attorney.
The Order is spread on the minutes as follows:
ORDER RATIFYING AND APPROVING ACTIONS TAKEN BY
THE MAYOR PRO TEMPORE AND CITY MANAGER IN RESPONSE
TO THE RECENT LOCAL EMERGENCY AND DECLARING AN
END TO THE LOCAL EMERGENCY
WHEREAS, on or about the 27th day of January the Governor of the State of Mississippi
declared a State of Emergency due to the onset of a severe winter storm; and
WHEREAS, the City Manager of the City of Pascagoula, acting in his capacity as the
Chief Executive Officer of the City and in response to the State of Emergency, caused the
closure of all non-essential services in the City effective January 28, 2014; and
WHEREAS, the City Manager issued various orders and directions to public safety
officials and the Public Works contractor, in anticipation of the onset of the winter storm, which
orders and directions were necessary to ensure the safety and the well-being of the citizens of the
community, as well as the preservation of City assets; and
WHEREAS, on or about the 28th day of January, 2014, Councilman Freddy Jackson,
acting in his capacity as Mayor Pro Tempore, and pursuant to the authority contained in Section
33-15-17(d) of the Mississippi Code, proclaimed the existence of a local emergency effective at
8:32 a.m. on that date; and
WHEREAS, the proclamation of a local emergency was necessary in order to enable the
City Manager to take whatever steps he deemed appropriate to protect the citizens of the
community and to preserve City assets; and
WHEREAS, the City Manager on or about the 29th day of January, 2014, ordered the
reopening of all City offices effective at 10:00 a.m. on that date; and
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WHEREAS, the State of Emergency has now passed and operations in the City have
returned to normal levels:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCAGOULA
DOES HEREBY ORDER AS FOLLOWS:
SECTION 1. That all statements contained in the foregoing preambles are found to be
true and correct.
SECTION 2. That the actions taken by the Mayor Pro Tempore and the City Manager in
response to the State of Emergency are hereby ratified and approved.
SECTION 3. That the State of Local Emergency proclaimed by the Mayor Pro Tempore
on January 28, 2014, has now passed and the same is hereby terminated effective immediately
The above Order was introduced by Councilwoman Simkins,
seconded for adoption by Councilman Jackson and received the
following vote: Mayor Blevins “AYE”. Councilmen Hill
“AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”,
Taylor “AYE”, and Tipton “AYE”. The Mayor then declared the
Order adopted on the 4th day of February 2014.
*****
The next item for consideration was an appointment to Pascagoula School Board.
Councilman Jackson made a motion to reappoint Mike Concannon for another term to the Board.
The motion was seconded by Councilman Hill and received the following vote: Mayor Blevins
“AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”, Taylor
“AYE”, and Tipton “AYE”. (Approved 2-4-14)
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Item Q which was the Safe Routes to School was removed from the agenda and will be
considered at the next Council meeting of February 6, 2014.
*****
The next item for consideration was the Order for the docket of claims as follows:
ORDER
WHEREAS, the attached docket of claims for the period January 17, 2014, through
January 31, 2014, has been presented to the City Council for allowance and approval.
WHEREAS, it appears that all of said claims are proper and should be allowed;
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NOW, THEREFORE, IT IS ORDERED that all claims shown on said dockets are
hereby allowed and approved for payment.
The above Order was introduced by Councilman Jackson,
seconded for adoption by Councilman Tadlock, and received the
following vote: Mayor Blevins “AYE”. Councilmen Hill
“AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock “AYE”,
Taylor “AYE”, and Tipton “AYE”. The Mayor then declared the
Order adopted on the 4th day of February 2014.
*****
The next item for consideration was a Resolution in support of MML’s effort to reverse
legislation commonly referred to as Section 42 Housing legislation.
After a brief discussion, Councilman Hill made a motion to table this item until the
February 6, 2014, meeting. The motion was seconded by Councilwoman Simkins and received
the following vote: Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins
“AYE”, Tadlock “AYE”, Taylor “AYE”, and Tipton “AYE”. (Tabled 2-4-14)
*****
After general comments and there being no further business to come before the Council
tonight, a motion was made by Councilman Tadlock to recess until Thursday, February 6, 2014,
at 4:00 p.m. The motion was seconded by Councilman Taylor and received the following vote:
Mayor Blevins “AYE”. Councilmen Hill “AYE”, Jackson “AYE”, Simkins “AYE”, Tadlock
“AYE”, Taylor “AYE”, and Tipton “AYE”.
The meeting ended at 6:36 p.m.
APPROVED:
_________________________________
Harry J. Blevins, Mayor
ATTEST:
______________________________________
Carol Groen Chief Deputy City Clerk
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