MINUTES

BRANDON BOARD OF ALDERMEN

REGULAR BOARD MEETING
BUTCH LEE, MAYOR PRESIDING
AUGUST 1, 2022

1. CALL TO ORDER- Mayor Lee and Aldermen Dobbs, Middleton, Womack, Coker,
Williams, Vinson and Craine were present.

2. INVOCATION AND PLEDGE OF ALLEGIANCE- Alderman Vinson gave the invocation

and Alderman Coker led the Pledge of Allegiance

3. PUBLIC COMMENTS AND RECOGNITIONS— None.

4. OLD BUSINESS

1. Approve the Regular Board Meeting Minutes of July 18, 2022.

Alderman Womack made the motion to approve agenda item 4. 1, seconded by Alderman Craine
and upon unanimous vote the motion carried.

5. BUTCH LEE, MAYOR

1. Approve an Ordinance amending Chapter 50, Article I, Sections 50. 4 and 50. 5 of the
Code of Ordinances with regard to weapons and firearms.

2. Authorize permission to attend the Mississippi Municipal League Small Town

Conference in Flowood on October 13- 14, 2022.

3. Spread on the Minutes the Release and Settlement Agreement between the City of
Brandon and Gold Coast Commodities, executed by the Mayor in accordance with the
authority by the Board of Aldermen in Executive Session during the Regular Board
Meeting on July 5, 2022.

4. Accept two( 2) Builder' s Plates from the U. S. Department of Transportation, Maritime

Administration.

Alderman Coker made the motion to approve agenda items 5. 1 - 5. 4 in accordance with the memos
from the Mayor' s Office which are appended hereto, seconded by Alderman Vinson and upon
unanimous vote the motion carried.

6. ANGELA BEAN, CITY CLERK

1. Approve a 36- month agreement with Advantage Business Systems, a state contract
vendor, to provide the Parks& Recreation Office copier in the amount of$222 per
month and authorize the Mayor to execute the same.

2. Approve the Adobe Acrobat Pro licenses renewal from Insight, a state contract vendor,
in the amount of$5, 644.98 and authorize payment of the same.
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 3. Approve the CivicPlus professional services agreement for citizen notification services
in the amount of$ 15, 195. 60 and annual recurring cost in the amount of$ 15, 955. 38 and
authorize the Mayor to execute all related documents.

4. Approve the professional services agreements, for the purpose of promoting tourism in
accordance with HB 1629 ( 2018 Mississippi Legislative Session) and other lawful and
related authority and purposes; authorize the Mayor to execute the same; and approve
and authorize all related show expenditures in accordance with the agreements:

a. Rock Soul, Inc. (Fantasia) and Hey You' re Hey Tours LLC (Boney James) for
performances at the Brandon Amphitheater on August 11, 2022.
b. The Weathered Souls( support for Whiskey Myers) for a performance at the
Brandon Amphitheater on August 20, 2022.

5. Approve:

a. Docket of Claims for August 1, 2022.

b. Fox Everett claims released on July 21 & 28, 2022.
c. Electronic transfers for July 2022.

6. Approve professional services agreement with the Rankin County Circuit Clerk for
services related to the City of Brandon Redistricting Plan in the amount of$2, 500. 00 and
authorize the Mayor to execute the same.

Alderman Williams made the motion to approve agenda items 6. 1- 6. 4( a)&( b), 6. 5( a)-( c) and 6. 6 in
accordance with the related memos of the City Clerk which are appended hereto, seconded by
Alderman Craine and upon unanimous vote the motion carried.

7. CHARLES SMITH, PUBLIC WORKS DEPARTMENT

1. Spread on the minutes, the minutes from the public hearing held on July 20, 2022,
regarding the MSDH Drinking Water Systems Improvements Revolving Loan Fund.

2. Approve Hemphill Construction Co. pay request# 2 in the amount of$ 304, 877. 81 and
authorize payment of the same with regard to the Highway 80 Signal Improvement
Project at Eastgate Drive and Municipal Drive.

3. Approve Joe McGee Construction Co. pay request# 1 in the amount of$ 109,481. 96 and
authorize payment of the same with regard to the Highway 18 at Louis Wilson Drive
Signal and Intersection Improvement Project.

4. Approve the utility adjustments and utility denials pursuant to the memo.

5. Transfer Sheron Mayers from General Government to Public Works Utility Clerk II
effective August 15, 2022.

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Alderman Dobbs made the motion to approve agenda items 7. 1- 7. 5, in accordance with the related
memos from the Public Works Department which are appended hereto, seconded by Alderman
Craine and upon unanimous vote the motion carried.

8. MATT DODD, COMMUNITY DEVELOPMENT

1. Set public hearings during the Regular Board Meeting of August 15, 2022 with regard
to:

a. Consideration of a conditional use application request from Fine Wine& Spirits,

Inc. to operate a liquor store/ package store at 1210 W. Government Street
parcel # I8M- 17).
b. Consideration of determining a public nuisance at 250 E. Sunset Drive ( parcel
I8G- 2- 130).

2. Approve the preliminary street plat for Orleans Way extension.

3. Accept the resignation of Steve Dedmon effective August 22, 2022.

Alderman Coker made the motion to approve agenda items 8. 1( a)&( b)— 8. 3 in accordance with the
related memos from the Community Development Department which are appended hereto,
seconded by Alderman Vinson and upon unanimous vote the motion carried.

9. WILLIAM THOMPSON, POLICE CHIEF

1. Accept the resignation of Lieutenant Mark Miller effective August 1, 2022.

2. Transfer Lieutenant-Warrants Officer Gary Bairfield, a 12- hour shift position, to Patrol
Lieutenant, an 8- hour shift position, and adjust the rate of pay effective July 18, 2022.

3. Adopt the Premium Pay Resolution for hazard pay through the Mississippi Department
of Public Safety.

4. Approve the revised Policy 4. 30 of the General Operating Guidelines with regard to
Body Worn Cameras ( BWC)/ Other Devices& Pictures.

5. Adopt an Ordinance amending Chapter 51, Article I, Section 51- 2 of the Code of
Ordinances to prohibit the use, purchase, possession, distribution, sale or offering for
sale of Tianeptine.

6. Authorize the purchase equipment from state contract vendors and authorize payments
from the Drug Seizure fund for the following:

a. TCS Ware for two ( 2) in car camera/ laptop computer in the amount of
21, 349. 24.
b. Jackson Communications for emergency equipment upfitting in the amount of
4, 529. 38.
c. Jackson Communications for one( 1) Motorola in car radio system in the amount
of$ 4, 650.25 ( to be reimbursed from DPS).

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 d. MPH Industries for one( 1) Python- 3 radar with two( 2) K-band antennas in the
amount of$ 1, 316. 00.

7. Surplus radios that are no longer of use or value to the City and authorize destruction of
the same pursuant to the memo.

8. Accept the FY23 Mississippi Office of Highway Safety grant in the amount of$ 40,000
and authorize the Mayor to execute all related documents.

Alderman Craine made the motion to approve agenda items 9. 1- 9. 6( a)-( d), 9. 7 and 9. 8, in
accordance with the memos from the Police Department which are appended hereto, seconded by
Alderman Vinson and upon unanimous vote the motion carried.

10. BRIAN ROBERTS, FIRE CHIEF

1. Monthly Reports:
a. Siren Report; functions properly: Yes Issues: None
b. EMS Report; # of P1 calls: 189 Average Response Time: 9: 06

2. Authorize Captain Robert Myers and Firefighter Weston Stewart to travel to

Birmingham, AL to attend the Deep South Fire Training Conference on October 19- 22,
2022.

3. Authorize Division Chief Jerry King to travel to Ringgold, GA to attend a Rope Access
Level 1 Certification class on October 9- 15, 2022.

4. Change the employment status of Brian Mott from full- time Lieutenant to part- time
Firefighter effective August 7, 2022.

Alderman Womack made the motion to approve agenda items 10. 2- 10. 4 in accordance with the
related memos from the Fire Department which are appended hereto, seconded by Alderman
Williams and upon unanimous vote the motion carried.

EXECUTIVE SESSION

Alderman Coker made the motion to consider the need to enter into Executive Session, seconded by
Alderman Womack and upon unanimous vote the motion carried.

Alderman Womack then made the motion to enter into Executive Session to discuss the acquisition
of real property and personnel matters, seconded by Alderman Craine and upon unanimous vote the
motion carried. The vote to go into Executive Session and the reasons therefore was then
announced in the board room.

Alderman Vinson then made the motion to resume the Regular Board Meeting out of Executive
Session, seconded by Alderman Williams and upon unanimous vote the motion carried.

That no votes were taken in Executive Session was announced upon return to the board room.)

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M. B. 1? 5

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 ADJOURN

Alderman Womack made the motion to adjourn the Regular Board Meeting, seconded by Alderman
Craine and upon unanimous vote the motion carried. ( Next Regular Board Meeting: August 15,
2022).

Minutes approved this the 15`h day of August 2022.

Hon. Butch Lee, Mayor

Attest:

Hon. ela ean, ity Clerke.

s

A•

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M. B. 335

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 C

Case: 61C11: 18- cv- 00142- JR Document #: 324 Filed: 07/ 21/ 2022 Page 1 of 1

IN THE CIRCUIT COURT OF RANKIN COUNTY, MISSISSIPPI

CITY OF BRANDON PLAINTIFF

VS. CIVIL ACTION NO. 61 CI I: 18- cv- 00142- ssr

GOLD COAST COMMODITIES, INC;

ROBERT DOUGLAS; THOMAS
DOUGLAS; AND JOHNS DOES 1- 5 DEFENDANTS

Stipulation of Dismissal, with prejudice

COME NOW, the City of Brandon, Mississippi, plaintiff and Gold Coast Commodities,

Inc., Robert Douglas and Thomas Douglas, defendants, who constitute all of the parties having

appeared in this action, and file this their Stipulation of Dismissal, with prejudice, in accordance

with Miss. R. Civ. P. 41( a)( 1)( ii).

This the 21st day of July 2022.

CITY OF BRANDON, MISSISSIPPI. plaintiff'

By: / s/ Mark C. Baker, Sr.

One of its Attorneys

GOLD COAST COMMODITIES, INC.,

ROBERT DOUGLAS and THOMAS DOUGLAS,
defendants

By: / s/ R. Andrew Taggart, Jr.

One of their Attorneys

M. B. 335

PAGE 13
 RELEASE AND SETTLEMENT AGREEMENT

The City of Brandon, Mississippi (" City" or " Releasor") and Gold Coast Commodities,
Inc. (" Gold Coast"); Robert Douglas; Thomas Douglas; and their successors, assigns,
representatives, employees, and/ or agents ( collectively, " Released Parties") enter into this release
and settlement agreement as of the last date identified on the signature page. Each of the previously
identified entities are sometimes referred to hereafter as a" Party" or collectively as the " Parties."

WHEREAS, the Parties to this Release desire to fully and finally resolve all claims, known
or unknown, concerning the allegations set forth in the litigation captioned City ofBrandon v Gold
Coast Commodities, Inc.; Robert Douglas; Thomas Douglas; and John Does 1- 5, Civil Action No.
18- 142 in the Circuit Court of Rankin County, Mississippi ( the " Litigation");

Terms and Releases

NOW, THEREFORE, for and in consideration of the foregoing recitals and premises, and
good and valuable consideration as further described herein, including the mutual releases and
covenants not to sue, the sufficiency of which is acknowledged, the Parties agree as follows:

1. Payment. Released Parties hereby agree to pay the total of Eight Hundred Fifty Thousand
Dollars ($ 850, 000. 00) to the City within fifteen ( 15) days of executing this Agreement for the
purpose of settling the Litigation.

2. Future Sewer Service. Released Parties agree that Gold Coast will continue to structure its
facility such that no wastewater resulting from manufacturing, storm water collection,
washdown water, or any other industrial purpose can be discharged into the City' s sewer
system. To the extent that Gold Coast seeks to resume discharging industrial wastewater into
the City sewer system, the parties shall negotiate in good faith a mutually acceptable Industrial
User Agreement, the terms of which shall include but not be limited to Gold Coast applying
for and exercising all best efforts to obtain an appropriate Pretreatment Permit from the
Mississippi Department of Environmental Quality with permit limits agreed to by the City;
independent, third-party daily monitoring of wastewater discharge; provisions for non-
compliance; and a sewer- service surcharge to be paid by Gold Coast to the City in exchange
for the right to discharge such industrial wastewater.

3. Release. Subject to full payment as provided in Paragraph 1 herein- above, the City hereby
fully and finally releases and discharges Released Parties from any and all claims, rights,
demands, obligations, actions, or causes of action related to the allegations underlying the
Litigation, whether such claims, rights, demands, obligations, actions, or causes of action are
known or unknown, actual or potential, matured or unmatured. Upon receipt of full payment
as provided in Paragraph 1, herein- above, the City will dismiss, with prejudice, by stipulation
of the Parties, or order of the Court, the Litigation.

4. Non- Disparagement. The Parties agree that they will make no derogatory, critical or
disparaging statements, remarks or communications regarding the other Parties or any of them
to third- parties. Nothing herein prevents either Party from responding to a subpoena or order
of a court or requires either party to object to the same.

M. 13, 33

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 O

5. Authority, Advice of Counsel, and Volition. Each Party has read this Agreement, and to its
satisfaction has had the opportunity to seek legal counsel before entering into it. The Parties
enter this Agreement of their own volition, and each Party represents and asserts that the
individuals executing this Agreement have authority to bind that respective Party.

6. Future Enforcement. In the event payment is not made in full within the terms of Paragraph
I herein- above, the Released Parties acknowledge that a Judgment for such amount at the
statutory rate shall be entered by the Court and the Released Parties waive any and all rights to
appeal the entry of the same. Notwithstanding any other provision of this Agreement, nothing
shall prevent the Parties from enforcing the terms of this Agreement.

7. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the Parties. This Agreement supersedes all prior representations, negotiations,
discussions, understandings, and arrangements, whether oral, written or inferred, between the
Parties relating to the subject matter of this Agreement.

8. Governing Law. This Agreement and the rights, duties, and obligations of the Parties to this
Agreement shall be governed, performed, interpreted, construed, and enforced in accordance
with the laws of the State of Mississippi and the exclusive venue for any such dispute shall be
in the Circuit Court of Rankin County, Mississippi. In the event of an action to enforce this
Agreement and/ or regarding any dispute regarding the same, the prevailing party shall be
entitled to reasonable attorney' s fees, costs and litigation expenses as determined by the court.

9. Waiver and Amendment. The waiver of any breach of any term or condition of this
Agreement shall not be deemed to constitute the waiver of any other subsequent breach of the
same or any other term or condition. Any such waiver must be in writing, and failure to enforce
or delay in enforcing a term or condition of this Agreement shall not constitute waiver. This
Agreement shall not be supplemented, modified, or amended except by an agreement in writing
signed by all Parties.

10. Mistakes. Should there be any mistakes in this Agreement that would cause it to be defective
or less than complete, or that would cause any term of this Agreement to be invalid or
unenforceable, the Parties agree to execute all instruments and do all things necessary, at their
own expense, to effectuate a complete, valid, and enforceable Agreement, including all steps
that may be required by any court of law or equity, or as may be required by Mississippi law.

11. Severability. Should any provision of this Agreement be deemed or declared invalid,
unenforceable, void, or be limited, curtailed, or modified, the remaining provisions shall
continue in full force and effect.

12. Counterparts. This Agreement may be executed in multiple counterparts. Each executed
counterpart shall be deemed an original, but all of which shall constitute one and the same
instrument. Copies of this Agreement made via facsimile or PDF image shall be deemed valid
originals.

M. B. 335

PAGE t
 13. No Admission of Liability. This Agreement is entered into by the Parties for the purpose of
resolving the claims, rights, demands, obligations, actions, or causes of action related to the
Litigation. This Agreement does not constitute, and shall not be construed as, an admission by
Released Parties of the truth or validity of any claims asserted or contentions advanced by the
City, and, in fact, the Released Parties specifically deny the claims asserted or contentions
advanced by the City.

14. Attorneys' Fees and Costs. Each party shall bear its own attorneys' fees related to the
Litigation.

Remainder ofPage Left Intentionally Blank]

Signature Pages Follow]

M. B. 335

PAGE 16
 NO

By their signatures below, the Parties have agreed to and executed this Agreement.

Executed by. . 7-‘ 9- 2 ?—

Gold Coast Commodities, Inc Date
BY
Title: n
a. a

ki%--

STATE OF rin s s:: s s ope%

COUNTY OF . dam..

PERSONALLY came and appeared before me, the undersigned authority in and for the

aforesaid County and State, the within named Thomas Douglas, who acknowledged to me that as

the President of Gold Coast Commodities, Inc, he signed, executed, and delivered the above and

foregoing instrument on the day and year therein mentioned and for the purposes therein stated,

for and on behalf of Gold Coast Commodities, Inc., after having first been duly authorized to

execute the same

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Ittday of 0-i'l1 , 2022.
woes,.

My Commission Expires:
4 YP ssij; NOTARY PUBLIC

e. 2p to i ooeoa
on
3115114 XATIE C AS
e Lowey

KIN•CO

M. B. 335

PAGE 17
 LI)

Executed by 7 ^77' 2 Z
Robert Douglas Date

STATE OF Miss MI pp
COUNTY OF FCCIAH n
PERSONALLY came and appeared before me, the undersigned authority in and for the

aforesaid County and State, the within named Robert Douglas, who acknowledged to me that he

signed, executed, and delivered the above and foregoing instrument on the day and year therein

mentioned

GIVEN UNDER MY HAND AND SEA!. OF OFFICE, this the Rikday of fly, 2022
C
kiStY a•
4

NOTARY PUBLIC
My Commission Expires: :
h; ID* tootoa•.?.
KATIE CARSON
I` l
eminksloo Expires
Marsh 16, 21124

335
M. B.
PAGE 18
 Executed by ea `- 1 — Z 7--
Thomas Douglas Date

STATE OF VYl: 3 5'. s S, P P

COI JNTY OF , tC' rT

PERSONALLY came and appeared before me, the undersigned authority in and for the

aforesaid County and State, the within named Thomas Douglas, who acknowledged to me that he

signed, executed, and delivered the above and foregoing instrument on the day and year therein

mentioned and for the purposes therein stated

GIVEN UNDER MY IIAND AND SEAL OF OFFICE, this the ` q day of jtl ,2022

s ubV
y .....¢ NOTARY PUBLIC
rc Y P was
My Commission Expires j
r1: tD• 100803
q:
.

3i 16124 KATIE CARBON

ComelosIon Expk $/

MKoA ti,tat.k .
K , C pv

M. B. 335

PAGE 19
 Executed by: 7 /g72 v
City of Brandon, Mississippi Date
By: Hon. Butch Lee
Title: Mayor

STATE OF al j. SS S'S•

COUNTY OF i

PERSONALLY came and appeared before me, the undersigned authority in and for the

aforesaid County and State, the within named Butch Lee, who acknowledged to me that as the

Mayor of the City of Brandon, Mississippi, he signed, executed, and delivered the above and

foregoing instrument on the day and year therein mentioned and for the purposes therein stated,

for and on behalf of The City of Brandon, Mississippi, after having first been duly authorized to
execute the same.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the/ day ofJ , 2022.

NOTAR
My Commissior; l4fs..LSj•
ARY pie S•
y• ID# 28539/ 0," d.
MARK C. BAKER SR,
Commission Expires
410%, Jan. 18, 2026 y •
yif N-COU -.

M. B. 335

PAGE PO
 Case: 61CI1:18-cv-00142-JR Document #: 324 Filed: 07/21/2022 Page 1 of 1

IN THE CIRCUIT COURT OF RANKIN COUNTY, MISSISSIPPI

CITY OF BRANDON PLAINTIFF

VS. CIVIL ACTION NO. 61CI1:18-cv-00142-ssr

GOLD COAST COMMODITIES, INC;

ROBERT DOUGLAS; THOMAS
DOUGLAS; AND JOHNS DOES 1-5 DEFENDANTS

Stipulation of Dismissal, with prejudice

COME NOW, the City of Brandon, Mississippi, plaintiff and Gold Coast Commodities,

Inc., Robert Douglas and Thomas Douglas, defendants, who constitute all of the parties having

appeared in this action, and file this their Stipulation of Dismissal, with prejudice, in accordance

with Miss. R. Civ. P. 41(a)(1)(ii).

This the 21st day of July 2022.

CITY OF BRANDON, MISSISSIPPI, plaintiff

By: /s/ Mark C. Baker, Sr.

One of its Attorneys

GOLD COAST COMMODITIES, INC.,

ROBERT DOUGLAS and THOMAS DOUGLAS,
defendants

By: /s/ R. Andrew Taggart, Jr.

One of their Attorneys
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