Regular City Council Meeting

534 REGULAR CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI NOVEMBER 16, 2021 Be it remembered that a regular meeting of the Tupelo City Council was held in the Council Chambers in the City Hall building on Tuesday, November 16, 2021, at 6:00 p.m. with the following in attendance: Council Members Chad Mims, Lynn Bryan, Travis Beard, Nettie Davis, Buddy Palmer, Janet Gaston and Rosie Jones; Ben Logan, City Attorney and Missy Shelton, Clerk of the Council. Council Member Travis Beard gave the invocation and Council Member Lynn Bryan led the Pledge of Allegiance. Council President Buddy Palmer called the meeting to order at 6:00 p.m. CONFIRMATION OR AMENDMENT TO THE AGENDA AND AGENDA ORDER Council Member Bryan moved, seconded by Council Member Jones, to confirm the agenda and agenda order, with the following change: DELETE: IN THE MATTER OF APPROVAL OF CONTRACT FOR MDR PROJECT The vote was unanimous in favor. PROCLAMATIONS, RECOGNITIONS AND REPORTS AGENDA PUBLIC RECOGNITION Council Member Jones welcomed and thanked her daughter for attending the meeting. Council Member Davis invited everyone to attend the Community Thanksgiving service on Wednesday, November 18, at 11:45 at the Link Centre. Council Member Palmer mentioned the Veteran's Day program that was held on November 11 in the Aquatic Center due to rain. He said there was good attendance. MAYOR'S REMARKS Mayor Jordan wished everyone a Happy Thanksgiving next Thursday. The downtown open house was a success with a lot of visitors and shoppers in the downtown area on Saturday. There was a corn hole tournament at the Tupelo Furniture Market last Saturday with 340 players participating. 300 of those players were from out of state. PUBLIC AGENDA  535 PUBLIC HEARINGS IN THE MATTER OF PUBLIC HEARING FOR AMENDMENT TO THE DEVELOPMENT CODE No one was present to speak concerning the public hearing for the amendment to the development code. APPENDIX A ROUTINE AGENDA IN THE MATTER OF APPROVAL OF MINUTES OF NOVEMBER 2, 2021 COUNCIL MEETING Council Member Beard moved, seconded by Council Member Bryan, to approve the minutes of the Regular City Council meeting held on November 2, 2021. The vote was unanimous in favor. IN THE MATTER OF BILL PAY Bills were reviewed at 4:30 p.m. by Council Members Chad Mims, Travis Beard, Lynn Bryan and Janet Gaston, along with Johnny Timmons and Traci Dillard. Council Member Davis moved, seconded by Council Member Jones, to approve the payment of the checks, bills, claims and utility adjustments. The vote was unanimous in favor. APPENDIX B IN THE MATTER OF OPENING NEW BANK ACCOUNT FOR THOROUGHFARE FUND VII CFO/City Clerk Kim Hanna appeared to the Council requesting to open a new bank account for Thoroughfare Phase VII at the Trustmark National Bank. Council Member Beard moved, seconded by Council Member Bryan, to approve the opening of the bank account. The vote was unanimous in favor. APPENDIX C IN THE MATTER OF REDEMPTION RESOLUTION-BANC OF AMERICA Council Member Bryan moved, seconded by Council Member Jones, to approve the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUPELO, MISSISSIPPI (THE "CITY") AUTHORIZING, DIRECTING AND APPROVING THE PREPAYMENT AND PURCHASE OPTION OF THAT CERTAIN $4,353,000 EQUIPMENT LEASE/PURCHASE AGREEMENT, DATES AS OF OCTOBER 22, 2015, BY AND BETWEEN THE CITY AND BANC OF AMERICA PUBLIC CAPITAL CORP, IN CONNECTION WITH THAT CERTAIN ENERGY SERVICES PERFORMANCE CONTRACT AGREEMENT UNDERTAKEN TO FINANCE ENERGY EFFICIENCY AND CONSERVATION EQUIPMENT FOR CERTAIN CITY FACILITIES; AND FOR RELATED PURPOSES. The vote was unanimous in favor and the Resolution is attached to these Minutes as APPENDIX D. IN THE MATTER OF WIRELESS TECHNOLOGY FUNDS #12 Council Member Davis moved, seconded by Council Member Beard, to approve the request of draw number 12 for the purchase of a total workstation to operate the previously requested fingerprint system for the Tupelo Police Department. These funds are collected by the Municipal Court and settled to the  536 State of Mississippi each month. Funds are held by the Department of Public Safety to be used by the Tupelo Police Department for purchases that are made in accordance with House Bill 469 of 2001. The vote was unanimous in favor of draw number 11. APPENDIX E IN THE MATTER OF APPROVAL OF AWARD RFP 2021-028BA TO CONVERGEONE Request for proposals, #2021-028BA, were received by the deadline of October 20, 2021, for a Managed Detection and Response solution. After an evaluation based on the factors set forth in the proposal solicitation, Robert Kiste, Technology Services Manager, advised the Council that the selection committee evaluated CoverageOne as the best qualified proposal, and he recommended they be awarded the contract. Council Member Gaston moved, seconded by Council Member Jones to approve the request. The vote was unanimous in favor. APPENDIX F IN THE MATTER OF MINUTES OF PLANNING COMMITTEE NOVEMBER 1, 2021 MEETING Council Member Beard moved, seconded by Council Member Mims, to accept the Planning Committee minutes of November 1, 2021. The vote was unanimous in favor. APPENDIX G IN THE MATTER OF REJECTION OF BID FOR SKATE PARK RENOVATIONS Tupelo Park and Recreation Director Alex Farned requested that the bids for the Skate Park Renovations, Bid # 2021-031PR, be rejected because all bids exceeded the budget for the project. Council Member Davis moved, seconded by Council Member Beard to reject the bids. The vote was unanimous in favor of rejecting the bids. APPENDIX H IN THE MATTER OF APPROVAL OF BANCORPSOUTH ARENA SPECIAL CALLED MEETING MINUTES OF NOVEMBER 2, 2021 Council Member Beard moved, seconded by Council Member Jones to accept the Bancorpsouth Arena special called meeting minutes of November 2, 2021. The vote was unanimous in favor. APPENDIX I IN THE MATTER OF CVB MINS NOVEMBER 8, 2021 Council Member Davis moved, seconded by Council Member Beard, to accept the minutes of the November 8, 2021, CVB meeting. The vote was unanimous in favor. APPENDIX J IN THE MATTER OF APPROVAL OF TRA MINUTES OF NOVEMBER 10, 2021 Council Member Beard moved, seconded by Council Member Jones, to accept the minutes of the TRA meeting on November 10, 2021. The vote was unanimous in favor. APPENDIX K IN THE MATTER OF FINAL RESOLUTION FOR AD VALOREM TAX EXEMPTION OF LEGGETT & PLATT COMPONENTS #0341, 0908 AND 4201  537 Council Member Gaston moved, seconded by Council Member Mims, to approve the Final Resolution of the City of Tupelo, Mississippi, Granting Exemption from Ad Valorem Taxes to Leggett & Platt Components Company #0341, except State and School District ad valorem taxes, for a period of ten (10) years, beginning the 1st day of January 2021 and ending the 31st day of December 2030, with a total true value of $66,407.00; the Final Resolution of the City of Tupelo, Mississippi, Granting Exemption from Ad Valorem Taxes to Leggett & Platt Components Company #0908, except State and School District ad valorem taxes, for a period of ten (10) years, beginning the 1st day of January 2021 and ending the 31st day of December 2030, with a total true value of $61,846.00; and the Final Resolution of the City of Tupelo, Mississippi, Granting Exemption from Ad Valorem Taxes to Leggett & Platt Components Company #4201, except State and School District ad valorem taxes, for a period of ten (10) years, beginning the 1st day of January 2021 and ending the 31st day of December 2030, with a total true value of $650,281.00. The City Council originally approved resolutions granting these exemptions on May 18, 2021, and the Department of Revenue Office, Office of Property Tax, Exemptions, & Public Utilities Bureau, State of Mississippi, has reviewed the same and certifies by letter dated October 20, 2021, that this company is eligible for the ad valorem tax exemption. The vote was unanimous in favor. An executed copy of the Final Resolutions is attached to these minutes and incorporated herein as APPENDIX L. STUDY AGENDA IN THE MATTER OF REZONING RZ 21-04, OFF WEST JACKSON EXTENDED The Council directed that the item, "In the Matter of Rezoning RZ 21-04, Off West Jackson Extended", be moved to the Routine Agenda. EXECUTIVE SESSION Council Member Bryan moved, seconded by Council Member Gaston, to determine the need for an executive session. Attorney Ben Logan said the session will be for the purpose of prospective expansion or relocating of industry and transactions dealing with leasehold interests in city owned property under Miss. Code Anno. 25-41-7 (g) (j) (1972 as amended). The vote was unanimous in favor at 6:17 p.m. Council Member Gaston moved, seconded by Council Member Mims, to close the regular session and enter executive session for discussion of the expansion or relocation of industry under Miss. Code Anno. 25-41-7 (b) (g) (1972 as amended). The vote was unanimous in favor. After discussion in executive session, Council Member Gaston moved, seconded by Council Member Jones to return to the regular meeting at 6:39 p.m. The vote was unanimous in favor. IN THE MATTER OF APPROVAL OF ASSIGNMENT OF LEASES FROM SIGNIFY TO THRELKELD Council Member Bryan moved, seconded by Council Member Beard, to authorize Mayor Jordan, on behalf of the City of Tupelo, to execute consent to assignment of leases from Signify to Threlkeld Enterprises. The vote was unanimous in favor. APPENDIX M  539 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director, Development Services DATE November 8, 2021 SUBJECT: IN THE MATTER OF PUBLIC HEARING FOR AMENDMENT TO THE DEVELOPMENT CODE TN Request: The Planning Committee recommended a change to Chapter 4 of the Development Code, to increase the maximum allowed size of lots in the Low Density Residential zoning districts to two acres, and to reduce the required percentage of common open space in the Low Density Residential zoning district to 10% from the current standard of 15%. APPENDIX A  540 CHECK INFORMATION FOR COUNCIL MEETING Nov 16, 2021 FUND CHECK NUMBERS POOL CASH 405947-406294 EFT 50001339-50001362 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX B  541 AGENDA REQUEST TO: Mayor and City Council FROM: Kim Hanna, CFO DATE April 6, 2021 SUBJECT: IN THE MATTER OF BANK ACCOUNT-THOROUGHFARE FUND VII KH Request: To open a new bank account for the purpose of receiving and expending thoroughfare funds for phase 7 as approved by the voters February 2, 2021. The new bank account will be opened at Trustmark National Bank and will be titled, “City of Tupelo Thoroughfare Phase VII.” ITEMS: No Items APPENDIX C  542 APPENDIX D  543 APPENDIX D  544 APPENDIX D  545 APPENDIX D  546 APPENDIX E  547 APPENDIX E  548 APPENDIX E  549 AGENDA REQUEST TO: Mayor and City Council FROM: Robert Kiste, Technology Services Manager DATE November 16, 2021 IN THE MATTER OF REVIEW, APPROVE, REJECT; AWARD RFP 2021- SUBJECT: 028BA to ConvergeOne RK Request: The proposals were received by the deadline of October 20, 2021 The RFP’s were evaluated based on the following criteria: Capabilities, Technical Expertise, References, and Pricing Evaluation Team: Robert Kiste David King Gordon Hopper After the evaluation process, it is the recommendation of the evaluation team that ConvergeOne be awarded RFP 2021-028BA. The grading sheet is on file in the Finance Department. APPENDIX F  550 REQUEST FOR PROPOSALS City of Tupelo Managed Detection and Response 2021-028BA City of Tupelo is seeking proposals from qualified Vendors for a Managed Detection and Response solution (Security Operations Center “SOC as a Service”).  Provide a fast track for time to value for improving City of Tupelo security posture  Provide support for audit compliance and reporting including audit support and complete SOC services  Centralization of security logs for correlation and analysis  Broad vendor agnostic visibility across all Network, Cloud and Endpoints  24x7 coverage looking for vulnerabilities, system misconfigurations, and account takeover exposure on the dark web  Proactively detect and respond to critical security incidents within minutes to prevent the spread of threats.  Limit wasted time chasing down alerts and false positives  Unlimited Log Sources and Capacity  Development of customized Remediation Playbook based on incidents  Service Assurance; In the event of a cyberattack, vendor will provide financial assistance for recovery activities, legal, regulatory expenses and other associated business cost. September 22, 2021 RFP Released October 6, 2021 Vendor Qualification Deadline October 6, 2021 RFP Questions/Inquiries Due October 12, 2021 Answers to RFP Inquiries Returned October 20, 2021 RFP Due The following proposals were submitted:  Vendor: ConvergeOne Solution: ArticWolf MDR/SOC  Vendor: BCI Solution: BCI Services  Vendor: iT1 Solution: Proficio MDR/SOC  Vendor: Cspire Solution: Cspire Services  Vendor: Rapid7 Solution: Rapid7 MDR/SOC  Vendor GoSecure Solution: GoSecure MDR/SOC APPENDIX F  551 APPENDIX F  552 APPENDIX F  553 City of Tupelo– at a glance City of Tupelo Background and Project Objectives  Employees – 445 City of Tupelo is looking for a Security Partner to add a greater degree of (with accounts) Cybersecurity expertise to enable more proactive hunting of known and unknown cybersecurity threats.  Servers – 34 Internet facing - 5  Provide a fast track for time to value for improving City of Tupelo security posture  Internet access:  Provide support for audity compliance and reporting including audit -Primary – 1gb/s peak support and complate SOC services -1gb TwinAx/DAC  Centralization of security logs for correlation and analysis etherchannel  Broad vendor agnostic visibility across all Network, Cloud and -Non H/A config Endpoints  24x7 coverage looking for vulnerabilities, system misconfigurations,  Log retention – 90 days and account takeover exposure on the dark web  Proactively detect and respond to critical security incidents within minutes, (vs. 206 day industry average) to prevent the spread of  Required Solutions threats.  Arctic Wolf® Managed  Limit wasted time chasing down alerts and false positives Detection and Response  Unlimited Log Sources and Capacity  Arctic Wolf® Managed  Development of customized Remediation Playbook based on incident Risk Arctic Wolf – Not just an MSP: Arctic Wolf capabilities : Managed Detection and Response (MDR) is managed security service for  Real-time security enterprises that is focused solely on threat detection and quick incident event analysis response. MDR includes hardware, software, operations, maintenance, and  Mature SOC processes resources to secure your ogranization efficiently. with <30 day time to value MDR service from Arctic Wolf removes the burden of figuring out the best  Cyber security incident method or tools to use for security monitoring and incident response. It is the response best choice for enterprise organizations that want to improve their security  Vulnerability scans and posture through security operations. Even with limited resources and limited analysis budget, MDR will enable your organization to combat advanced and  Threat intelligence persistent threats without implementing a new security tool. analysis  Malware analysis Artic Wolf Delivers  Forensic analysis  A concierge Security Engineer who understands your IT & business  Security training  SOC-as-a-Service operational in 60 minutes  Log management and  Improved security posture storage  Protect breaches through early detection and quick response  Predictable OpEx through fixed monthly subscription  Threat and vulnerability management APPENDIX F ©2020 Arctic Wolf Networks, Inc. All rights reserved. | Public  554  Security compliance monitoring Arctic Wolf® Security Operations The Importance of Security Operations Solutions Today’s leading organizations need to protect themselves against the most advanced threats, but lack the internal resources to address the high costs, complexity, and additional personnel that’s required to build an impactful security operations center. Organizations face Too Much Noise Security Skill Shortage Cost of Response Time Alert fatigue, vendor fatigue, Recruiting and retaining The longer it takes to respond to compliance, and regulation cybersecurity talent is hard, an incident, the more expensive it fatigue—the journey never ends sometimes impossible is to remediate fundamental security challenges Arctic Wolf redefines the economics of security – through Security Operations Services Arctic Wolf Networks is redefining the economics of security through an affordable, turnkey SOC-as- APPENDIX F ©2020 Arctic Wolf Networks, Inc. All rights reserved. | Public  555 a-Service solution that deploys in less than 60 minutes. With designated Concierge Security Engineers™, a proprietary cloud-based SIEM, 24x7 monitoring, incident response, vulnerability scans, and a tailored escalation & ticketing process, AWN CyberSOC provides an end-to-end security monitoring at a fraction of a cost of a security engineer. Using the cloud-native Arctic Wolf Platform, we help organizations end cyber risk by providing security operations as a concierge service. Highly trained Concierge Security experts work as an extension of your team to provide 24x7 monitoring, detection, and response, as well as ongoing risk management to proactively protect systems and data while continually strengthening your security posture. Identify and respond to attacks with Prevent attacks before they occur with Streamline cloud security with Arctic Arctic Wolf® Managed Detection and Arctic Wolf® Managed Risk Wolf® Managed Cloud Monitoring Response  IaaS Configuration monitoring  24x7 monitoring  Incident response  Customized rules  Network inspection  Dynamic asset identification  Infrastructure identification  Log aggregation, correlation, and  Continuous assessments  Broad Integration analysis  Internal vulnerability  Shadow IT awareness  Threat detection  External vulnerability  Cloud security  Host-based vulnerability  Compliance reporting  Account takeover risk detection  Endpoint visibility  Security controls Arctic Wolf at a Glance  Headquarters – Eden Prarie, MN  Employees – 750+  Market Leader in Security Operations  Solutions  Arctic Wolf® Managed Detection and Response  Arctic Wolf® Managed Risk  Arctic Wolf® Managed Cloud Monitoring Solution Differentiators  Concierge Security Team (CST) – Trained, credentialed Security APPENDIX F Experts assigned to your ©2020 Arctic Wolf Networks, Inc. All rights reserved. | Public  556 Arctic Wolf Summary of Services to Support Objectives Arctic Wolf’s cloud-based Security Operations Center as a Service provides a platform to ingest, correlate and action data from cloud, network and endpoint. This is accomplished through the assignment of two named, certified security experts (the Concierge Security Team) to assist in both mitigating the above vulnerabilities and taking a proactive focus on continually improving the overall security posture. Accelerate Time to Value with Streamlined Service Installation The AWN CyberSOC Concierge Onboarding team includes a dedicated project manager and technical resource who manages all aspects of your onboarding experience, and:  Identifies key assets and log sources, including cloud applications  Validates log sources and tests basic telemetry  Gathers external vulnerability scanning requirements to assess exposed attack surfaces  Fine-tunes the service to improve signal-to-noise ratio  Identifies reporting and compliance requirements that meet your IT and security needs Pricing Summary Managed Detection and Response 445 Users, 34 Servers, 90 Days of Log Retention, 2 X Network Sensors (200 Series) Extended Price Product (3 Year Agreement) Managed Detection & Response Service $196,763.56 Managed Risk Service $86,220.00 MDR One Time Costs OnBoarding $4,475.13 MR One Time Costs OnBoarding $2,058.75 Managed Awareness Service $26,700.00 Total $316,217.44 *Official pricing is provided on Solution Summary, SO-000720762. APPENDIX F ©2020 Arctic Wolf Networks, Inc. All rights reserved. | Public  557 Arctic Wolf Service Assurance Mitigate Cyber Incident Costs With Financial Assistance Benefits Arctic Wolf’s mission to end cyber risk focuses on defense-in-depth protection for every layer of cybersecurity. Arctic Wolf security operations solutions, including Arctic Wolf Managed Security Awareness ®, Managed Risk, Managed Detection and Response, and Managed Cloud Monitoring, function in concert to reduce the likelihood of cyber incidents and mitigate their impact, minimizing cyber risk to organizations. However, no single cybersecurity tool can stop attacks perfectly every time. Cybersecurity, IT, and risk management leaders need a plan to manage the outcomes of inevitable cyberattacks their businesses will face. Service Assurance Is Here Arctic Wolf Service Assurance is the answer. This unique customer benefit offers a key financial layer to cybersecurity. Service Assurance is an exclusive, no-cost benefit, offered by Arctic Wolf in partnership with a third-party that supports the program delivery and underwriting. It is available to customers with a robust security partnership with Arctic Wolf. In the event of a cyberattack, Arctic Wolf Service Assurance provides up to $1,000,000 in financial assistance for recovery activities, legal and regulatory expenses, and other associated business costs. Eligibility Requirements Total Benefit Amount $1,000,000 $500,000 Qualifying Solutions MDR, Managed Risk, and Managed Security Awareness MDR, plus one of either Managed Risk or Managed Security Awareness Ransomware and BEC $200,000 $100,000 Compliance $200,000 $100,000 Cyber Legal Liability $500,000 $250,000 Business Income Loss $100,000 $50,000 APPENDIX F ©2020 Arctic Wolf Networks, Inc. All rights reserved. | Public  558 Arctic Wolf Managed Detection and Response includes: • Fully managed and hosted SIEM • Unlimited Log Volume and coverage of • 2-person Concierge Security Team (CST) to network, endpoint, & cloud work as extension of your IT team • 90 Days Log Retention • 24x7x365 monitoring • Arctic Wolf Endpoint Agent • Compliance & Audit support (unlimited • Account Takeover (Dark Web) Scanning & reporting, time with CST) Detection • Managed Containment • Quarterly Deep Dive Security Maturity • Managed IDS/IPS collecting of all network Reviews with your CST flow data • External Vulnerability Scan – Run Monthly • Weekly, Monthly and Quarterly reporting • Unlimited Custom Rules – We tailor the • Ad hoc reports generated at your request service to you Arctic Wolf Managed Risk includes: External Vulnerability Assessment Host-based Vulnerability Assessment • Asset discovery based on root domains & IP • Arctic Wolf Agent addresses • Proactive risk monitoring • Automatic IP, domain, sub-domain detection • Audit reporting • Dynamic perimeter model • Configuration Baselines • External vulnerability scanning • Dark Web Data Sources 2-Person Concierge Security Team (CST) • Named security team Internal Vulnerability Assessment • Monthly & Quarterly Security Deep Dive • Dynamic asset discovery and credential reviews with CST scanning • Critical Vulnerability Alerting 24x7 • Asset inventory, categorization, notes, and • Strategic Security Advice, Answers to Security tags Questions • Asset mapping – IP, DNS, Netbios history • Continuous internal vulnerability scanning Arctic Wolf Analytics and Reporting • Scanning schedules with blacklisting • Risk roll-up of internal + external capability vulnerabilities • Risk prioritization and workflow integration Account Takeover Scanning • Integrated threat feeds, latest exploits • Dark Web scanning for compromised • Executive reporting snapshots credentials • Custom reporting for analytics or alerts • 19% of data breaches in 2019 were caused by compromised credentials (IBM) • 70% of AW customers had PII exposure on dark web, 6% had passwords exposed online APPENDIX F ©2020 Arctic Wolf Networks, Inc. All rights reserved. | Public  559 MINUTES OF THE TUPELO PLANNING COMMITTEE REGULAR MEETING November 1, 2021 CALL TO ORDER Chairman Scott Davis called the meeting to order. Mr. Gus Hildenbrand, Ms. Patti Thompson, Chairman Scott Davis, Mr. Lindsay Leake, Ms. Leslie Mart and Ms. Pam Hadley were present. Staff members Russ Wilson, Zoning Administrator and Pat Falkner, City Planner, were also present. Chairman Davis asked Ms. Hadley to open with a prayer and Mr. Leake to lead the pledge. REVIEW OF MINUTES Minutes for the September 13 regular meeting and the October 21 called meeting were presented. Mr. Hildenbrand noted one correction in the September 13 minutes. Mrs. Thompson made a motion to accept those minutes as corrected, with a second by Ms. Hadley, the motion passing unanimously. Ms. Mart made a motion to accept the October 21 minutes. Mr. Hlidenbrand seconded and the motion was passed unanimously. Mr. Falkner reported that the September 13 minutes had been accepted by the City Council at their October 5 meeting, and that the minutes for October 21 would be reviewed at the November 2 meeting. OLD BUSINESS No one appeared to discuss the two items tabled at the previous meetings so those actions remain on the table. NEW BUSINESS FLEX 21-05: Request from Native Son Farms, 3811 Mount Vernon Road, to expand a nonconforming use. Mr. Will Reed, 1408 Pinecrest Drive, spoke on the application. He said that he needed to add 1,000 square feet to the existing building to provide more space for processing farm produce. A site plan showing the addition was provided. Ms. Mart asked how much of the addition would be visible from Mount Vernon Road. Mr. Reed answered that the addition would be 25 feet wide on the end facing the road. Mr. Davis asked if the staff had any comments. Mr. Falkner said that the addition had been designed to match the existing structure, which itself was compatible with the residential buildings in the area. Mr. Wilson reported that no one had contacted the staff to oppose the action. Ms. Mart asked if the addition could be used for event programming such as farm to table dinners. Mr. Reed said that it could be, but he did not plan on doing such events due to the extra work involved. Mr. Jim Newman, 701 Highland Circle, spoke in support of the application. APPENDIX G  560 Mr. Hildenbrand moved to approve the application. Mr. Leake seconded and the motion was passed unanimously. RZ 21-04: Clubside LLC property off West Jackson extended, to change all of the tract now zoned Medium Density Residential, and part of the area zoned Mixed Use Commercial Corridor, to Low Density Residential. Mr. Falkner presented the application, explaining that when the request was initially made, several other nearby properties considered being included, so that the application was prepared in the city’s name. However, the other owners elected not to move forward with a rezoning at this time. He also presented the layout of how the property was to be developed, showing the two sections of the property with the west portion being residential and the east portion being commercial. He explained that in order for all the lots around the residential cul-de-sac to be large enough they had to be drawn to include some land currently zoned commercial. The resulting zoning boundary line would be irregular rather than a straight line as it currently lies, but there is no substantial problem with the new line. It was pointed out that the development was designed so that the residential lots would have pedestrian access to the commercial section, creating the possibility of some mixed use character that would be instrumental in marketing both developments. The committee discussed issues of access to the businesses along Coley Road and to the common space at the south end of the property. Mrs. Thompson moved to approve the rezoning as submitted originally, shifting some land into the residential area, with a condition that pedestrian access to the common area be provided. Ms. Hadley seconded the motion and all present voted in favor. Staff reported that no applications had been received for December yet, but if anything came in before Friday it would be put on that agenda. The work session was set for November 29 and the meeting for December 6. The meeting was adjourned on a motion by Ms. Mart, seconded by Mr. Leake. APPENDIX G  561 AGENDA REQUEST TO: Mayor and City Council FROM: Alex Farned DATE November 10, 2021 SUBJECT: IN THE MATTER OF REJECTION OF BID FOR SKATE PARK RENOVATIONS AF Request: I WOULD LIKE TO RECOMMEND TO THE MAYOR AND CITY COUNCIL THAT YOU REJECT THE BID FOR THE HANK & HELEN BOERNER SKATE PARK RENOVATIONS. BID# 2021-031PR PLEASE SEE ATTACHED REJECTION LETTER BID TABULATION FORM APPENDIX H  562 November 10, 2021 Alex Farned, Director of Parks and Recreation Department City of Tupelo 71 East Troy Street Tupelo, MS 38804 RE: City of Tupelo, Department of Parks and Recreation, Hank & Helen Boerner Skate Park Renovations & Improvements: REBID, Tupelo, MS Dear Mr. Farned: Bids were received today, November 10, 2021, on the above-noted project. The apparent low bidder for this project is Spohn Ranch, Inc., with a Base Bid of $349,791.27, No bid was given for Alternate #1, so it has been determined that this is an incomplete bid. There is also some question as to the ability of this contractor to perform work in the State of Mississippi per the state’s contractor bid law. The next low bid is CIG Contractors, Inc., with a Base Bid of $575,000.00 and Alternate #1 Bid of $47,600.00. The Total Base Bid and Alternates is an Overall Bid of $622,600.00 After discussions with yourself and key representatives from the city, it is my recommendation to reject all bids based upon their submitted proposal for the Base Bid and Alternates because all bids exceed 10% of the project budget. If you have any questions or concerns, please feel free to give me a call at (662) 432-4146. Sincerely, Shipman Sloan, ASLA pc: Don Lewis, COO; Traci Dillard, Finance; Missy Shelton, Council Clerk File PN: 21002.01, CTBN 2021-031PR APPENDIX H PN: 21002.01 City of Tupelo, MS- Department 563 of Parks and Recreation Opening Date: 11/10/2021 CBN: 2021-031PR Hank Helen Boerner Skate Park Renovations Improvements: REBID Opening Time: 10:00 a.m. Grindline Skateparks, Phillips Contracting Spohn Ranch Stewart Environmental Contractor: CIG Contractors Inc Co., Inc. Skateparks Construction Inc. State of Louisiana, Certificate of 02738-MC 00229-MC 12080-SC #59283 Responsibility Travelers Casualty and Travelers Casualty and Fidelity and Deposit The Ohio Casualty Surety Company of Surety Company of Company of Maryland Insurance Company Surety Company America America $575,000.00 $775,000.00 $349,791.27 $589,895.00 Base Bid: $47,600.00 $82,500.00 N/A $76,575.00 Alternate #1 Bid: Certified Correct By: APPENDIX H  564 APPENDIX I  565 APPENDIX I  566 APPENDIX J  567 APPENDIX K  568 APPENDIX K  569 APPENDIX K  570 APPENDIX K  571 APPENDIX K  572 APPENDIX K  573 APPENDIX K  574 APPENDIX K  575 APPENDIX K  576 APPENDIX K  577 APPENDIX K  578 APPENDIX K  579 APPENDIX K  580 APPENDIX K  581 APPENDIX K  582 APPENDIX K  583 APPENDIX K  584 APPENDIX K  585 APPENDIX K  586 APPENDIX K  587 APPENDIX K  588 APPENDIX L  589 APPENDIX L  590 APPENDIX L  591 APPENDIX L  592 APPENDIX L  593 APPENDIX L  594 CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT THIS CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT (“Consent”) is made and entered into, effective as of the date set forth on the signature page hereto, by CITY OF TUPELO, MISSISSIPPI (“Lessor”), to and for the benefit of GENLYTE THOMAS GROUP LLC, a Delaware limited liability company (“Assignor”), and THRELDKELD ENTERPRISES, LLC, a Mississippi limited liability company (“Assignee”). RECITALS: A. City is the lessor, and Assignor is the lessee, under the leases and related agreements described on Exhibit A attached hereto and incorporated herein by reference (collectively with all renewal options, amendments, addenda and riders, notices and all other agreements ancillary thereto and referenced therein, whether or not listed on Exhibit A, “Leases”). B. Lessor’s consent is required for the assignment of the Leases by Assignor. C. Assignor and Assignee have entered into negotiations for a transaction (“Transaction”) pursuant to which, among other things, Assignor will assign the Leases to Assignee at the closing of the Transaction (“Closing”), and Assignee will assume the Leases from Assignor at the Closing, upon the terms and conditions of an Assignment and Assumption Agreement in substantially the form attached hereto as Exhibit B and incorporated herein by reference (“Assignment”). D. In furtherance of the Transaction, Lessor desires to execute this Consent in order to evidence Lessor’s consent to the Assignment on the terms set forth herein. NOW, THEREFORE, for and in consideration of the Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor hereby agrees as follows: 1. CONSENT. Lessor hereby consents to the assignment of the Leases from Assignor to Assignee upon the terms and conditions set forth in the Assignment. This Consent shall not constitute Lessor’s consent to any subsequent assignment of the Leases by Assignee, in whole or in part, without Lessor’s prior written consent. Notwithstanding any provision contained in the Leases to the contrary, all agreements, duties, obligations, covenants and undertakings to be observed, complied with and performed by the lessee under the Leases (“Lessee Obligations”) on and after the Closing shall be the sole responsibility of Assignee and Assignor shall have no liability for any Lessee Obligations arising on or after the Closing. 2. ESTOPPEL. Lessor hereby certifies that as of the date of this Consent, to the best of Lessor’s knowledge and with the understanding that Assignor and Assignee are relying upon such certifications in consummating the Transaction: (a) The Leases are valid and in full force and effect and represent the entire understanding between Lessor and Assignor regarding the lease of the premises subject to the Leases (“Premises”); 1 APPENDIX M  595 (b) Neither Lessor nor Assignor is in default under or in breach of the Leases and no events or circumstances have occurred or are existing which, with the giving of notice, the passage of time or both, would constitute a default by Lessor or Assignor under the Leases; (c) There are no controversies presently existing between Lessor and Assignor regarding the Leases or the Premises; (d) All rent and other sums required to be paid by Assignor under the Leases have been paid in full; and (e) Any obligations of Assignor under the Leases to construct any improvements upon the Premises have been completed in satisfaction of the applicable obligations set forth therein, and all of the other terms, obligations and covenants required to be complied with and performed by Assignor under the Leases have been complied with and performed in full. 3. CONDITION PRECEDENT. This Consent is conditioned and contingent upon the Closing of the Transaction. In the event that the Transaction does not close, this Consent shall be void and of no further force or effect. 4. MISCELLANEOUS. This Consent shall bind Lessor and inure to the benefit of Assignor and Assignee and their respective successors and assigns. An executed copy of this Consent may be delivered by facsimile or email of a PDF document and, upon receipt, shall be deemed a binding original. This Consent shall be governed by, and construed in accordance with, the laws of the State of Mississippi. Any exhibits and/or schedules to this Consent and the Recitals hereto are incorporated herein by reference. [Remainder of Page Intentionally Left Blank; Signature Page Immediately Follows] 2 APPENDIX M  596 IN WITNESS WHEREOF, Lessor has executed this Consent effective as of the date set forth below. CITY OF TUPELO, MISSISSIPPI By: ________________________________ Print name: _________________________ Title: ______________________________ (“Lessor”) Date: ________________________, 2021 3 APPENDIX M  597 EXHIBIT A LEASES 1. [Lease No. 1805] Contract dated March 28, 1946, by and between the City of Tupelo (“City”) and Day-Brite Lighting Inc. (“Day-Brite”), as amended by Amendment to Contract and Lease Agreement dated March 7, 1964, by and between the City and Emerson Electric Co. (“Emerson”), as successor in interest to Day-Brite 2. [Lease No. 1808A] Agreement dated December 23, 1953, by and between the City and Day-Brite, as supplemented by Addendum dated November 10, 1954, by and between the City and Day-Brite, and as amended by Amendment to Contract and Lease Agreement dated March 7, 1964, by and between the City and Emerson 3. [Lease No. 1807] Lease Agreement dated March 7, 1964, by and between the City and Emerson 4. [Lease No. 1808] Lease Agreement dated September 16, 1968 (effective as of January 1, 1966), by and between the City and Emerson APPENDIX M  598 EXHIBIT B ASSIGNMENT 4812-9143-2443 v2 [36850-14] APPENDIX M  599 POST-CLOSING ACCESS AGREEMENT THIS POST-CLOSING ACCESS AGREEMENT (“Agreement”) is entered into effective as of _______________, 2021, by and between GENLYTE THOMAS GROUP LLC, a Delaware limited liability company (“Company”), and CITY OF TUPELO, MISSISSIPPI (“City”). RECITALS: A. Company and Threldkeld Enterprises, LLC, a Mississippi limited liability company (“Buyer”), are parties to that certain Purchase and Sale Agreement dated October 11, 2021 (“PSA”), pursuant to which Buyer will purchase certain real property and improvements from Company and acquire and assume certain leasehold interests from Company. B. The real property subject to the PSA is located at 1015 South Green Street, Tupelo, Mississippi 38804, and is more particularly described on Exhibit A attached hereto and incorporated herein by reference (“Property”). C. A portion of the Property is owned by City (herein, the “City-Owned Property”). D. The parties desire to enter into this Agreement in order to establish the terms and conditions pursuant to which Company shall have certain access rights to the City-Owned Property following the closing of the transactions contemplated by the PSA. AGREEMENT: NOW, THEREFORE, for and in consideration of the Recitals, the covenants and provisions contained herein and for other good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, the parties agree as follows: 1. ACCESS; WORK. City hereby grants to Company and its representatives and contractors, the right to enter upon the City-Owned Property for the purposes of conducting, at Company’s cost and expense, certain investigation, reporting, remediation and/or monitoring activities at the City-Owned Property, which may include any and/or all of the activities described on Exhibit B attached hereto and incorporated herein by reference (collectively, “Work”). Company may bring onto the City-Owned Property such equipment and personnel as is reasonable to conduct the Work. Prior to entering the City-Owned Property to perform the Work, Company’s representative or contractor shall meet with City on the City-Owned Property to propose the planned location of any monitoring wells or sampling locations (if applicable). Company will exercise reasonable efforts in scheduling and conducting the Work so as to minimize interference with the business operations on the City-Owned Property. City acknowledges that the Work may result in temporary restrictions on the use of certain areas of the City-Owned Property. City further acknowledges that the Work may also require certain equipment to be temporarily located in areas of the City-Owned Property. Upon completion of the Work, Company shall promptly remove any equipment brought on-site to conduct the Work and restore any areas of the City- Owned Property impacted by the Work to a condition substantially similar to that existing prior to the Work unless otherwise agreed in writing by the parties. City agrees not to interfere with the Work. Company shall give City at least two (2) business days’ advance notice prior to entering 1 APPENDIX N  600 the City-Owned Property, which notice may be made by e-mail, to the following representative(s) of City: __________________. 2. TERM. This Agreement shall remain in effect for a period (“Term”) commencing on the date hereof and automatically terminating upon Company’s receipt of written confirmation, satisfactory to Company in its sole discretion, from the applicable federal, state and/or local governmental authorities that Company has completed all Work required by such authorities. Notwithstanding such automatic termination, Company shall endeavor to provide City with prompt written confirmation of such termination. Promptly following termination of this Agreement, Company shall remove or decommission its equipment and facilities in order to restore the surface of the City-Owned Property to substantially the same condition as existed as of the date of this Agreement, normal wear and tear excepted. 3. INDEMNIFICATION. Company agrees to indemnify City from and against all claims, actions, damages, liability and expense in connection with any personal injury or property damage occurring at the City-Owned Property during the Term to the extent caused by Company, its representatives or contractors in conducting the Work. Company’s obligations under this Section 3 shall survive the expiration of the Term for a period of six (6) months. 4. TRANSFER OF INTEREST. City acknowledges and agrees that any contract or agreement for the transfer of any of City’s interest in, possession of or right to use all or any portion of the City-Owned Property during the Term, whether by sale, lease, assignment, sublease, license, easement or otherwise, will be subject to the rights and obligations of City and Company under this Agreement. All existing and future owners of any interest in the City-Owned Property during the Term, including but not limited to any party who takes title to, possession of or any interest in all or any portion of the City-Owned Property, shall be deemed to have taken such interests subject to this Agreement and to have agreed to be bound hereby. 5. NOTICES. Except as otherwise set forth herein, any notice pursuant to this Agreement shall be given in writing by (a) nationally recognized overnight delivery service, or (b) United States Mail, postage prepaid, registered or certified mail, return receipt requested, in each case addressed to the intended addressee at the address set forth below, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given one (1) business day following the proper delivery of the notice to a nationally recognized overnight delivery service for overnight delivery as set forth above or two (2) business days following proper deposit in the United States mail as set forth above, as the case may be. Unless changed in accordance with the preceding sentence, the addresses for notices given pursuant to this Agreement shall be as follows: If to Company: Genlyte Thomas Group LLC c/o Signify North America Corporation Attn: Patrick Morrison Portfolio Manager Americas 400 Crossing Boulevard, Suite 600 Bridgewater, NJ 08807 2 APPENDIX N  601 If to City: City of Tupelo, Mississippi _________________________ _________________________ Attn: ____________________ 6. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and shall only be amended in writing signed by the parties. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Agreement. [Remainder of Page Intentionally Left Blank; Signature Page Follows] 3 APPENDIX N  602 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date set forth above. GENLYTE THOMAS GROUP LLC By: ________________________________ Print name: _________________________ Title: ______________________________ (“Company”) CITY OF TUPELO, MISSISSIPPI By: ________________________________ Print name: _________________________ Title: ______________________________ (“City”) 4 APPENDIX N  603 EXHIBIT A PROPERTY APPENDIX N  604 EXHIBIT B WORK All testing, monitoring and/or remediation required by all applicable federal, state and/or local governmental authorities, including the Mississippi Department of Environmental Quality. 4854-2770-8420 v1 [36850-14] APPENDIX N