Mayor Ross explained that item 15, under New Business, the Appointment to West

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1 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, :30 P. M. A Regular Meeting of the Board of Mayor and Selectmen of the City of West Point, Mississippi was held the 14 th day of February 2012, at 5:30 p.m. at City Hall, 204 Commerce Street, West Point, Mississippi. Members present were Mayor H. Scott Ross, Selectman Rod Bobo, Selectman Homer Cannon, Selectman Charles Collins, Selectman Keith McBrayer, Selectman Jasper Pittman and Board's Attorney Orlando Rod Richmond. Mayor Ross called the meeting to order and called Pastor Stephen Craft to offer invocation and special guest Eagle Scout, Dakota O'Bryant to lead the Pledge of Allegiance. Business. Mayor Ross preceded the meeting with the followings: Old Business, Consent Agenda and New Mayor Ross explained that item 15, under New Business, the Appointment to West Point School District Board of Trustee, was of special interest and it would be taken out of order. Mayor Ross stated there were some Ethic Opinions that the Board Attorney, Orlando Richmond would explain to the Board that could affect the Board's appointment to the School District. Attorney Richmond stated that the Mississippi Ethic Commission 's Opinion prohibited any Board Member having a common financial interest with any relative as defined by the Ethics Law. Relative under the State's Ethics Laws includes the followings:the Board member's spouse, the Board Member's child, the Board Member's parents, the Board member's siblings and the spouse of any of the above relatives of the Board Member. Attorney Richmond stated that due to Selectman Rod Bobo's spouse was employed by the West Point School District, he would have to completely recuse himself from the discussion and in the voting process to make an appointment to the West Point School District. Selectman Rod Bobo asked Attorney Richmond could he state whom he would have appointed if he could have

2 participant in the voting process. Attorney Richmond stated no and instructed Selectman Bobo that he would have to completely recuse himself by leaving the meeting until the vote was over. Selectman Bobo left the meeting at 5:45 p.m. Selectman Homer Cannon asked Attorney Richmond to clarify a financial concern in reference to the appointment. Attorney Richmond explained that there were two separate issues and that were the Board of Selectmen and the School Board. The School Board concerns would be handle by Attorney Thomas B. Story. When any Board of Selectmen have a conflict with the appointments they would have to recuse himself from the appointment process. Attorney expressed that a School Board Member can serve but when there was a vote on anything pertaining to a budget or money, a member that has a relative (s) employed by the School District would have to recuse themselves. Selectman McBrayer then stated that he had a sister in law which was his brother's wife employed by the West Point School District. Attorney Richmond explained that according to the Ethic Commission interpretation of a relative under the State's Ethics Laws that he to would have to recuse himself. Selectman McBrayer questioned why he could not take part in the voting process. Attorney Richmond explained that number 5, under relative of the Mississippi Ethic Commission (2) states the spouse of any of the above relatives of the Board Member would have to be a rescusal also. Attorney Richmond stated that in his opinion that Selectman McBrayer should recuse himself. Attorney Richmond explained that the three remaining Board Members could make the appointment to the West Point School District but in the event if there was not a quorum one of the recused members could vote to make the quorum; this is the only time a Board Member could vote that had a conflict with the voting process. Selectman McBrayer recused himself by leaving the meeting at 5:55 p.m. Mayor Ross asked would the Board be comfortable in withholding action on this matter?. Mayor Ross requested that Attorney Richmond would asked for an opinion from the Mississippi Ethic Commission on the rights of Selectmen Rod Bobo and Selectman Keith McBrayer.

3 Selectman Charles Collins motioned to withhold action to make the appointment to the West Point School Board District until an opinion was rendered by the Mississippi Ethic Commission. The motion received a second from Selectman Pittman. Selectman Rod Bobo: Selectman Charles voted: Selectman Keith McBrayer Recused Recused Selectman Rod Bobo and Selectman Keith McBrayer reentered the Board Meeting. Mayor Ross preceded with item one of old business, the Public Hearing on the Development Code Amendments. After a brief discussion of the facts from Mr. Pete O'Shea of the West Point Planning Commission about the numerous changes to the Development Code; Mayor Ross assured from Attorney Richmond that the Public Hearing along with the Development Code Amendments should be published in the Daily Times Leader. No action was taken. Mayor Ross called for the 2010 Audit Reports approval of the General City, West Point Electric, and Water & Sewer. Selectman Rod Bobo made the motion to approve of the 2010 Audit Report of General City, West Point, Electric, and Water & Sewer. The motion received a second from Selectman Keith McBrayer.

4 Selectman Charles Collins voted: Selectman Cannon wanted the minutes to reflect that he does not agree with all the findings in the 2010 Audit Report. Mayor Ross called for the Public Appearances. Mr. Cedric Sykes was a Policeman for the City of West Point. Mr. Sykes' concerns were the Police had stopped his family members, his wife and daughter. His daughter was stopped because she looked suspicious. Mr. Sykes was in the opinion that the Policemen had no probable cause to stop his family. Mayor Ross wanted Chief Tim Brinkley to look into the matter. Selectman Rob Bobo wanted Chief Brinkley to investigate the concerns of Mr. Sykes and submit a written report to the Board. Mr. Chad Scott gave stats on fluoride in water from the Country of Switzerland. Mr. Scott stated that one study showed that fluoride was good for children when teeth are developing and fluoride does not promote health to grown up teeth. The last Public Appearance was Ms. Temeka Jefferson. Ms. Jefferson wanted to inform the City of her new program Do not Count Me Out this program was inspired by Ms. Jefferson to help teen mothers and young adults in leadership and parenting skills. The age for the participants are Ms. Jefferson stated that she should be up and running by August of CONSENT AGENDA Mayor Ross stated that the agenda items listed under the consent agenda: Item 4, Approval of February 14, 2012 Board Minutes. Item 5, Approval of February 2012 Claims Docket. General City: $944, West Point Electric: $ 3, West Point Water & Sewer: $303, Item 6, Approval of Emergency Declaration

5 Item 7, Final Resolutions Granting Ad Valorem Tax Exemptions on Fabricator's Supply, LLC.

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13 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Item 8, Resolution for support of Howlin Wolf Museum. Selectman Jasper Pittman made the motion to approve the Consent Agenda The motion received a second from Selectman Rod Bobo. Selectman Charles Collins voted: NEW BUSINESS Mayor Ross called on Chief Littlefield to present the Certificate of Achievement to Dakota O'Bryant. Chief Littlefield presented the Certificate of Achievement from the City to 15 year old Dakota O'Bryant that is earning his Eagle Scout. Chief Littlefield explained that Dakaota along with his own paint and his assistance painted the fire plugs down Highway 45. Chief Littlefield encouraged everyone to go see the good job that Dakota did. Mayor Ross stated that Ms. Dorothy Ryland would explain the Amendment to Policies and Procedures of the Home Grant. Ms. Ryland stated that this Grant is about to end leaving a balance of $46, The homebuyer assistance under the existing project would receive $14,999. Ms. Ryland requested the amendment of the last homebuyer assistance be approved for $25,000. and the difference would be returned to the Homebuyer Assistance Grant Program. Selectman Homer Cannon made the motion to approve of the Amendment to Policies and

14 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Procedures of the Homebuyer Assistance Grant. The motion was second by Selectman Jasper Pittman. Selectman Charles Collins voted: Mayor Ross called for the department head's reports. Those presenting written reports were Randy Jones, CAO; Mike St.Louis, Building ; Dwight Prisock, Electric Superintendent; Wastewater Treatment Plant,Water and Sewer and Electric; Chief Littlefield, Fire Department; Chief Tim Brinkley, Police Department; Joey Wright, Public Works; James Crowley, Park and Recreation. Mayor Ross called for questions or comments from the Department Heads and questions or comments from the Board of Selectmen. Selectman Homer Cannon's concern to Director of Park and Recreation, James Crowley was playground equipment for Marshall and Zuber Park.. Selectman Jasper Pittman asked about the trash on MeadowBrook. Selectman Keith McBrayer stated that he had talked with Chief Brinkley about speeding on Highway 50 East and Church Hill. Selectman stated that ICS needed help on Highway 50 East also. Electric Superintendent, Dwight Prisock's recommendation to the Board was to hire two linemen, Mr. Daryl Y. Thomas and Mr. William Neil McGuiston.

15 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Selectman Jasper Pittman made the motion to accept Electric Superintendent's recommendations to hire Mr. Daryl Y. Thomas and Mr. William Neil McGuiston as linemen. The motion received a second from Selectman Charles Collins. Selectman Charles Collins voted: Chief Tim Brinkley made the recommendations to bring on 5, auxiliaries reserve officers. They are Mr. Alex Jackson, Mr. Alexander Ingram, Mr. Billy Laster, Mr. Dustin Goff and Ms. Quennie Walker. Selectman Keith McBrayer made the motion to accept Chief Brinkley's recommendations. The motion received a second from Selectman Jasper Pittman. Selectman Charles Collins voted: Mayor Ross called Purchasing Agent Mr. Shane Lamkin to explain stated that it was time again to bid for refuse and leaf bag. Purchasing Agent Mr. Shane Lamkin stated that Central Poly Corporation for

16 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Refuse & Leaf bags as per bid. Selectman Charles Collins made the motion to accept the bid of Central Poly Corporation. The motion received a second from Selectman Keith McBrayer.

17 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Selectman Charles voted: Item 13, Pryor & Morrow Architect- Agreements for the City's approval to reroof the Water and Light Department. The agreement is for the Provision of Limited Professional Services. The services include refoof building and repair the interior. The total estimated cost was $186,000. The prior agreement was a fee of $12,000 for services performed to bid this project. Selectman Jasper Pittman made the motion to approve Pryor & Morrow Architect Agreement for the Provision of Limited Professional Services. The motion was second by Selectman Keith McBrayer. Selectman Charles voted: I

18 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Item 14, Pryor & Morrow Architect Agreement for the Provision of Limited Professional Services on the McClure Building / Howling Wolf Museum and dba Louise W. Campbell Center for the Arts. with limited renovation. The fee arrangement was 7% of the renovation costs. Selectman Jasper Pittman made the motion to accept the agreement for the Provision of Limited Profession Services on the McClure Building / Howling Wolf Museim and Louise W. Campbell Center for the Arts. The motion received a second from Selectman Keith McBrayer. Selectman Charles Collins voted: Mayor Ross stated that the West Point School District had submitted a Resolution proclaimed by Governor Phil Bryant that February 19-25, 2012 as School Board Member Recognition Week in Mississippi. Mayor Ross recognized the School Board Members for their support that they provide to the students and the community.

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20 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Mayor Ross ask was there a need to close the meeting to see if there was a need for an executive session? Citizens left the meeting to await the announcement whether the meeting would be closed for an executive session. Selectman Keith McBrayer made the motion to close the meeting to see if there was a need for an executive session. The motion received a second from Selectman Rod Bobo. Selectman Charles Collins voted: Selectman Keith McBrayer made the motion to remain in executive session to discussion litigation. The motion received a second from Selectman Rod Bobo.

21 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Selectman Charles Collins voted: Mayor Ross instructed CAO, Randy Jones to announce to the waiting public that the Mayor and the Board of Selectman would remain in executive session to discussion litigation. Selectman Rod Bobo made the motion to close the executive session The motion was second by Selectman Keith McBrayer. Selectman Charles Collins voted: Mayor Ross announced to the Public that no action was taken in executive session. Selectman Jasper Pittman made the motion to adjourn. The motion was second by Selectman Keith McBrayer.

22 REGULAR BOARD MEETING OF THE BOARD OF MAYOR AND SELECTMEN OF THE CITY OF WEST POINT, MISSISSIPPI FEBRUARY 14, 2012 Selectman Charles Collins voted: (SEAL) H. Scott Ross, Mayor Lela Q. Jack, City Clerk