Jackson Jambalaya

The EPA recommended the West Rankin Utility Authority repay $663,321 of an original grant of $1,932,200 in a preliminary report issued on October 13, 2009. The grant was issued on August 24, 2001 for sewer system evaluation, a water supply feasibility study, and other related tasks (The details of the project are on p.6). WRMA was a deadline of February 10, 2010 to respond. Copy of report

The EPA ruled the West Rankin Utility Authority violated several guidelines in relation to the grant. It stated WRUA did not seek bids for the architectural and engineering service contract but instead gave it to one firm. WRUA did not have its own "written procurement procedures". WRMA "did not have a financial management system" and "did not monitor grant activities" as required by federal law (p.8). Because there was no such system in place, WRMA was not able to account for how the money was spent as it maintained little, if any records. The EPA further "questioned $1,745,457 of costs claimed under the grant" for A&E fees and that the WRMA met two of the five criteria needed to be classified as a "high-risk" grantee.

What was particularly interesting was the managers did not follow federal guidelines which state the government agency must seek bids for such services. Instead they followed state guidelines, which, surprise, allow such a government entity to select a A&E firm based upon "qualifications" for professional services and requires no bids from competing firms. (Just think Jim Hood and Joey Langston or Mike Moore and Dickie Scruggs.) One must wonder exactly what is going on as Mr. Rhoads, Miller, and other members of the board are experienced public officials and know that for every federal grant, there is a specific set of guidelines that must be followed to the letter or else the grant has to be repaid.

WRMA responded in a letter dated August 31, 2009 signed by WMRA President and Flowood Mayor Gary Rhoads. He claimed WMRA was a newly-created agency when the grant was awarded with "little staff". Mr. Rhoads did not deny WMRA's failure to seek bids for A&E services and stated it was in compliance with "state regulations." It said its "bid selection committee" (which was unidentified) was satisfied the fees were not excessive and said the decision was "informed". Mr. Rhoads stated an experienced accounting firm has been hired to remedy the deficiencies in their accounting system.

What exactly IS the West Rankin Utility Authority? It has no website. There is no mention of it in The Yellow Pages or The Yellow Book. An online search of the realpages.com provides a "Rankin West Utility Authority" that is located on Old Highway 49S in Richland but the phone number given is for Flowood City Hall. In contrast to this lack of transparency, the Madison Wastewater Authority posts all minutes of its meetings online (not surprising since the splendid Madison County Chancery Clerk is the secretary), while Jackson's is online as well.

The letterhead in the response states the board members are Flowood Mayor Gary Rhoads, Pearl Mayor Brad Rogers, Flowood Public Works Director Gary Miller (Executive Director), Mayor Tim Coulter, Benny French of PRVD, Dick Vanderleest, Richland Mayor Mark Scarborough, and Joe F. Donald, Jr. It should also be noted several of these officials are also members of the Rankin-Hinds Levee Board. It has been reported to JJ Mr. Miller is no longer the Executive Director but that has not been confirmed. Attempts to reach several board members were unsuccessful.

The EPA also made a similar recommendation on a 1995 grant to the City of Flowood. The EPA issued a report on October 27, 2009 in which it recommended Flowood should repay $896,224 for similar violations. Copy of report. Flowood's response is on page 14 of the report.

Note: Any additional information provided by Flowood or WRMA officials will be posted on this website. Efforts were made to contact Mr. Miller and Scarborough but were unsuccessful.

Latest shenanigans at the Mississippi Legislature:

HB #35: Passed. Revises the reporting requirements for educator misconduct with a student. Increases the penalties for teachers and students having sex (if they are not married to each other. ;-) ) and treats it as sexual battery. Bill status

HB #80: Passed. Creates panel to study creation of pre-school program. Bill status

HB #262: Passed. Creates damages in whistleblower law. Bill status

HB #232: Passed. Novelty lighter bill. Bill status

HB #273: Read the third time. Creates a crime of attempted murder. Bill status

HB #536: Read the third time. Requires nursing homes to carry liability insurance. Bill status

HB #683: Passed as amended. Require LLC's to file an annual report. Good bill. Bill status

HB #694: Passed. Require applicants for nursing license to undergo criminal background check. Bill status. I know some nervous nurses.

HB #718: Passed as amended. Clarifies powers of Gaming Commission to regulate bingo. Bill status

HB #769: Read the third time. Includes strangling in domestic violence laws. Bans parole for domestic violence convictions. Bill status

HB# 973: Read the third time. Bans use of cellphones without hands-free device while driving. Bill status

HB #1135: Passed. Bans sleeping with inmates. Bill status

HB #1309: Read the third time. Revise the stalking laws. Bill status

HB #1456. Passed as amended. Require county medical examiners to be certified in forensic pathology. Bill status

SB #2026. Motion to reconsider entered. Medical claims get first priority over other bills. Bill status

SB #2153. Passed as amended. Allows concealed-carry permit holders to bear concealed weapons in a public park. Bill status

SB #2337: Passed. Requires a statement from doctor or nurse to accompany application for absentee ballot due to temporary disability. Bill status

SB #2521: Passed. Creates a Silver alert system. Bill status

SB #2595: Motion to reconsider entered. Bans all texting while driving. Bans drivers under the age of eighteen from using a cellphone while driving. Bill status

SB #2857: Passed. Bans hunting with a firearm near home without owner's permission. Bill status

SB #3097: Passed. Gives Department of Finance authority to lease for development the "Blind School Property" near Eastover. Bill status

Why are you down at the legislature all week giving the Black Caucus grief over HB #1549?
Right now Rankin, Flowood, Pearl, and Richland outnumber Hinds and Jackson 4-2 on the Rankin-Hinds Levee Board. This bill would make it 4-3, not counting the Governor's appointments. One can probably assume the Governor (and the Governor will not always be Barbour) will not appoint individuals from only Rankin or Hinds County either.

Did it ever occur to you some of our local legislators want the people of Jackson and Hinds to have better representation on a board currently dominated by Rankin County interests?

Considering how Harvey treated the surrounding burbs in his first two terms, I never thought I would see the day when the Mayor acted with Rankin County interests against Jackson. But, I'm pretty stupid so maybe someone can explain this change of heart to me.

Jackson crime stats for week ending February 7, 2010.

Crime overview for week ending February 7, 2010.

Mr. Galtelli must be in hog heaven this morning. McGlowan's comments on his radio show got picked up by Redstate this morning. Needless to say, McGlowan is taking some grief over her Second Amendment views

Tuesday's action at the Legislature:

HB #232: Tabled subject to recall. Bans sale of certain novelty lighters. Another protect us because we are stupid law. Bill status

HB #298: Motion to reconsider entered. Allows family of law enforcement personnel killed in the line of duty to keep officer's weapon. Bill status

HB #411: Passed as amended. Requires name of bonding company to be posted when used for probation. Bill status

HB #563: Tabled subject to call. Creates insurance policyholder's bill of rights. Bill status

HB #704: Passed. Authorizes release of sales and income tax info to DHS for those delinquent on child support. Bill status

HB #807: Passed committee. Implements guidelines for victims of identity theft to purge credit reports and have debt forgiven. Bill status

HB #837: Passed as ameneded. Requirees abstinence only or abstinence plus into curriculum. Amendment: requires social studies curriculum. Bill status

HB #852: Passed committee. Increase victim compensation by 50%. Bill status

HB #918: Motion to reconsider entered. Eminent domain reform. Bill status

HB #960: Passed. Option of 4- or 8- year drivers license. Bill status

HB #994: Passed. Require contracts to be written in large print. I'm not making this up. Bill status

HB #1070: Passed. Provide a hunting season for terminally ill children. Bill status

HB #1158: Passed. Allow municipalities of more than 10,000 to appoint one more municipal judge. Bill status

HB #1418: Read the third time. Allows cultural or civic centers to sell alcohol for special events. Bill status

SB #2034: Motion to reconsider entered. Restores "insanity" as a ground for divorce. Won't make that joke. Bill status

SB #2293: Motion to reconsider entered. Establishes charter schools. Bill status

SB #2767: Passed. Allows people to apply for voter registration online. Bill status

SB #3021: Passed as amended. Requires Chancery clerks to redact SSN's after July 1, 2010. Bill status

SB #3078: Passed. Changes length of service before teachers can receive retirement benefits. Bill status

Update: Here is a Copy of a letter McGowan sent to the Levee Board concerning the possible dredging of the Pearl River in Jackson. It is mentioned at the end of the original post.

Levee Board meetings used to be well, Levee Board meetings. Boring. Laid back. Adopt a few reports, make a few recommendations, vote on a few motions and resolutions, adjourn, and go home. Nice. Quiet. Such is not the case anymore as sparks flew yesterday at the monthly meeting of the Rankin-Hinds Levee Board as Flowood Mayor Gary Rhodes repeatedly attacked fellow board member, Leland Speed.

The meeting started off simple enough. A full quorum was present: Flowood Mayor Gary Rhodes, Pearl Mayor Brad Rogers, Richland Mayor Mark Scarborough, Hinds County Representative Socrates Garrett, Jackson Mayor Harvey Johnson, Board Attorney Trudy Allen of Watkins Ludlam, Chairman Billy Orr, and Fairgrounds Representative Leland Speed. The scene was an interesting contrast as on one side of the board were the gentlemen from Jackson were all dressed impeccably in nice suits while the Rankin members wore sleeveless sweaters, button down shirts, pullovers, and rain jackets or whatever those members-only clones are now called. .pdf of members and terms

The audience contained a diversity of interested individuals: Joe Waggoner of Mississippi Engineering Group, Dallas Quinn and several other members of the McGowan/Two Lakes Clan, WLBT, Clarion-Ledger, Jackson Free Press, local attorney Sam Begley, Kenny Samples of Pickering Engineering, Flowood Public Works Director Gary Miller, Lee Ann Mayo of Capital Resources (She identified herself as the Public Information Officer for the Board), and Barry Royals of Waggoner Engineering.

Barry Royals presented the board with a draft of an Executive Summary of Lefleur Lakes economic impact study and said the final version will be submitted next week. The Treasurer gave her report and then Trudy Allen gave a briefing on the board about current bills in the legislature. Ms. Allen stated there are three bills alive in the House: HB #918 (Eminent domain guidelines, bill status), HB #1548 (Study of flood control districts, bill status), and the soon to be infamous HB #1549 (bill status).

I write infamous because Ms. Allen's presentation of this bill created a firestorm on the board. The bill gives the Governor and Lieutenant Governor the authority to appoint four additional members to the board as well as giving Hinds County an additional representative on the board as well. The mere thought of the State and Hinds County placing five more members on the board gave the Rankin members a conniption although it must be pointed out Mayor Johnson, even though he opposed the bill, was a bit more calm in his demeanor. Scarborough first raised the issue of Hinds County having an additional member and made it clear he was opposed to such an idea. Rhodes then asked if it was an election year as it made little sense why such a bill would be introduced in an off-year. He then asked if anyone on the board sponsored the legislation. Rhodes asked Speed if he was behind it.

Speed shot back he wasn't but that he thought it was a good idea. Speed called the proposed flood control projects "the single largest economic development affecting the state of Mississippi." Speed further argued since the board will be asking the state for help with financing the project (JJ has heard estimates ranging up to $70 million in state aid), the board would be better off including state participation now if were to seek state funding later.

Johnson opposed the measure, saying there was no need for state involvement at this time. Johnson further argued the bill "was giving undue influence (the proposed appointments) to what is ultimately a local issue." Johnson said the state "should not appoint anyone until the state actually does finance it."

Rhodes also indicated he didn't think the state should be involved unless it was actually providing money. Scarborough chimed in and said Rankin County pays 85% of the current costs of the levees and was clearly opposed to Hinds having one more member than Rankin. It should be pointed out that if municipalities are included, Rankin has a 4-2 edge over Hinds (excluding the Governor's appointment). The additional Hinds appointment will narrow the difference it to a 4-3 Rankin edge.

The board then voted to send a letter to Governor Barbour stating its opposition to the bill. Speed cast the sole dissenting vote and Garrett abstained. However, this skirmish was the prelim for the main event.

Flowood Mayor Gary Rhodes then waved a copy of the Jackson Free Press "All About Water" issue and accused Speed of unethical behavior. Rhodes said "Mr. Speed, I think that you’re in the middle of an ethics violation sitting on this board and making decisions that could have personal gain for you in the future" Rhodes made hay of the fact Speed owns a "sliver of land" by the Pearl River (This story in the JFP provides more details on Speed's property). The argument is captured in the video above and is worth watching.

What is ironic is Mr. Rhodes ignored the fact that the law actually requires board members to own property in the district (Oh the irony: You better own some land in the district but don't own land that is too close to the river.). Mr. Speed didn't back down one bit as he immediately said it was a worthless piece of property that he was going to donate to the appropriate government agency in a public manner when the final plan was implemented. Rhodes had none of it as he told Speed he needed to step down from the board. Speed reiterated he would donate the land "publicly" and would "talk to Mr. (Tom) Hood about it today."

After Mr. Rhodes' little spat with Mr. Speed was over, Mr. Garrett then inquired if information was being kept from him and wondered aloud if there was a bloc of members were making decisions for the board.

Speed asked about a proposal submitted by McGowan to the board to dredge and clear out vegetation between the levees. Joe Waggoner chimed in and said permits from various government agencies would be required. Miller said removing the stumps is what would likely require permits. The board agreed to investigate the idea and seemed inclined to follow the course that would not require permits. The proposal will be posted on this website if obtained.

Its that time of year again: The Hottest Reporter in Jackson Poll. Pretend you are a Democrat and vote early and often. Last year's winner was Monica Hernandez. Can she repeat or will Wendy Suares-Evans reclaim her crown? There are more entries than ever and the competition has gotten tougher. Barbi is tanned, rested, and ready and is in the poll. That's right, Barbie Bassett is in da house. This poll is in good fun so be nice and show some respect. They work long hours, in most cases don't get paid much, are always there for us no matter what time of day it is, and do it all with a smile. Crank up the blast emails and the Facebook panhandling for votes. Have fun.

Left ro right, top to bottom.
Row 1: Monica Hernandez, Wendy Suares-Evans, Laraye Brown
Row 2: Megan West (Black), Lindsay Slater
Row 3: Lindsay Slater, Elizabeth Crisp
Row 4: Kathryn Kight, Haley Westbrook (gray/black)
Row 5: Kristina Pink, Crystal Hilliard
Row 6: Wendy Suares-Evans, Laraye Brown, Heather Burke
Row 7: Barbi Bassett, Brittaney Diehl
Row 8: Barbi Bassett, Lacey McLaughlin
Row 9:Elizabeth Crisp, Monica Hernandez and Julie Straw
Row 10: Monica Hernandez, Haley Westbrook
Row 11: Wendy Suares-Evans, Megan West, Lindsey Slater
Everything else: Julie Straw.

Today's action in the Mississippi Legislature:

HB #1599 is referred to Ways & Means Committee. Allows a municipality to impose a special sales tax of not more than 1%. Requires a 3/5 vote. Bill status

HB #113: passed the House. Limits costs of public records request to actual costs. See Snowden's amendment. He weakend it somewhat. Nice to see a Republican backstabbing the public. Thanks for nothing. Bill status

HB #1069: Motion to reconsider tabled. Exempts attorneys in Legislature from CLE requirements except one hour of Ethics. Bill status

HB #1122: Passed out of committee. Bans use of nitrous oxide in motor vehicles. The No Fun Law. Bill status

HB #1526: Passed out of committee. Allows District Attorney's to receive supplemental pay from other sources besides state treasury. Bill status

HB #1527: Passed out of committee. "Allow district attorneys to employe additional assistant district attorneys and criminal investigators without limitation if paid with nonstate funds." Bill status

SB #2335: Transmitted to House. Authorizes all prosecutors to carry concealed weapons. Bill status

SB #2373: Transmitted to House. Revises penalties for violating open meetings and public records acts. Bill status

SB #3013: Passed out of committee. Mandates trucks with open tops must have cover if carrying debris or similar matter. Bill status

Hearing scheduled for 9:00 AM today was cancelled due to snow. Mr. Farese is from North Mississippi and was unable to reach the hearing. The hearing was supposed to resolve the issue of whether Mr. Irby should testify or give a deposition in the civil lawsuit filed by the estates of Dr. Pogue and Dr. Dedousis against Stuart and Karen Irby.

Listen to the Cajun Cannon all night long

Live webcam from the Cat's Meow of Bourbon Street

Tell you what Donna, why don't you ask Leah Rupp what she thinks about your trashing her more than once on your website. Ask Marshall Ramsay what he thinks about your smearing him and then bragging about it. In fact, why don't you wake up and get a reality check before you start lying about everyone else. While you're at it, don't forget April 15 is just around the corner.

Is everyone sick of the hospital fights as I am? There is one VERY simple solution:

ABOLISH THE CERTIFICATE OF NEED PROCESS.

The goverment has no business whatsoever deciding how many hospitals an area can support. Abolish it. Period.

Aired live during the Super Bowl halftime show. Then there is this classic:

NOT safe for work or kids.

Here they are: the weekly batch of Form 990's for local non-profits and charities:

Bargain Boutique, CARA, Catholic Charities, Central Mississippi Growth Foundation, Colonial Country Club, Downtown Jackson Partners, National Kidney Foundation, Operation Shoestring, Rankin First, St. Catherine's Village, Sunnybrook, Trustmark Benefits Plan

This beautiful Eskimo Spitz is at the Mississippi Animal Rescue League. I had two of them for fifteen years and they are great dogs. He was picked up by Clinton Animal Control. I played with him some today and he is very friendly and has a very good temprement. I would shave mine in May and they would feel much better in the summer. This dog has not even made it to the website yet but he is available for adoption. These are great dogs and wonderful with kids. They had some beagles too.

I appreciate the opportunity to discuss the reservoir legislation with all of you. I know that there is some controversy with the legislation and also some misinformation. What I am trying to achieve through all of this is higher property values and better quality of life for reservoir homeowners. There is no question that the PRV does a lot of things well. I have never questioned their ability to run the dam, provide water to Jackson, or the performance of the Reservoir Patrol. What I am concerned with are zoning decisions and responsiveness to the concerns of reservoir homeowners. I would like to respond to the comments from your earlier post.

1. Currently, the Board of Supervisors in Rankin County are making a concerted effort to crack down on nuisance properties and a moratorium on residential rental properties particularly in District Two. Because they are elected by the people, they are answerable to the people every four years. Each county board of supervisors that surrounds the reservoir does have one appointment to the PRV but more than half of the board is appointed by state agencies (Wildlife, DEQ etc.) and other officials.

2. This bill has absolutely nothing to do with the Two Lakes Project or anything south of the dam no matter what the Jackson Free Press says. :)

3. The Pearl River Industrial Commission is a different animal than the Pearl River Valley Water Supply District. My bill does not apply to the Industrial Commission.

4. I do not own a boat.

5. Rankin County has grown tremendously in the last 50 years and the new supervisors will be focused on zoning like never before. I will tell you that zoning is a priority of mine and I will continue to file bills that will be vehicles to enhance property values and improve quality of life. I have just added an amendment to a bill that will allow for the 5-laning of Old Fannin Road from Laurelwood to to Spillway Road. The bill allows the PRV to donate the easement and right-of-way property to the city and county and all parties are in favor of it.

As always, I welcome your input. I am not perfect but I mean well.

Lee Yancey

A review of yesterday's mischief in the Mississippi Legislature:

HB #336 passed the House. It states "Proceedings in justice or municipal court involving domestic abuse shall be recorded and may be transcribed at the request of either party in the same manner as matters in county or chancery court." Bill status

HB #277 passed the House. The bill will allow judgements to be renewed after seven years. State law currently bars renewal of judgements. Bill status

HB #568 passed the House. It will cut down the waiting period for a marriage license from three days to one. Bill status

HB #688 passed the House. It gives the Attorney General and MBN the power to seek permission to wiretap from the courts. Bill status

HB #1030 passed the House. Bill limits the investments domestic insurance companies have in foreign holdings to 20% of their portfolio. Bill status

HB #1069: Passed the House, motion to reconsider entered. Ready for this? All attorney members and the Lieutenant Governor would be exempt from all CLE requirements except ethics if passed. Bill status

HB #1262 passed the House. Requires out-of-state pharmacies to maintain a Mississippi pharmacy license if they ship drugs to Mississippi. Uh-oh. Wonder how much money the local pharmacists gave to Holland. Bill status

SB #3109 referred to Finance Committee. Coke tax. Bill status

SB #2032 passed the Senate. Motion to reconsider entered. Immigration reform bill that increases various penalties. Bill status

SB #2078 passed the Senate. Creates the crime of public intimidation of a law enforcement officer. Bill status

SB #2215 passed the Senate. ATV drivers must have a driver's license and wear a helmet. Bill status

SB #2315 passed the Senate. Requires "commercial photographic film processor, computer repair technician" to report child abuse. Bill status

A review of legislative activity yesterday:

HB #203 passed the House. This bill allows for hunters to use supplemental feed in hunting deer. Guess we have to fight this battle all over again.

HB #223 passed the House. It will extend the Mortgage Licensing Act to 2013. Bill status

HB #359 passed the House. Good bill. It allows anyone to videotape any law enforcement officer in the performance of his duties. Since many cities such as Jackson don't see fit to equip their cars with video cameras, its about time citizens were given some protection from wayward law enforcement officers just because they choose to video tape a cop. Bill status

HB #607 passed the House. It extends the statute of limitations for larceny of timber to six years. Bill status

HB #962 passed the House. It allows the MHP to re-employ retired Highway Patrol Officers under certain guidelines. They are given the rank of Sergeant First Class and have to work patrol duties. No desk jockeys allowed. Bill status

HB #1123 passed the House. Gives UMC supporters their own little license plate. Bill status

HB #1298 passed the House. It revises squirrel and wabbit seasons. Bill status

HB #1465 passed the House. Gives preference to Mississippi firms in on government purchases. Bill status

House Concurrent Resolution 26: "Private Property shall not be taken for private economic development purposes". It passed the House. Status

SB #2058 passed the Senate: Mandates life without parole for rape or sexual battery of a child younger than 12. Bill status.

SB #2343 passed the Senate: Increases threshold requiring cities to have a municipal judge from 10,000 to 20,000 citizens. Bill status

SB #2344: passed the Senate. Bans discrimination by health insurance companies against victims of abuse. Bill status

SB #2383: passed the Senate. Lowers BAC for a BUI offense from .10 to .08. Bill status

SB #2706: passed the Senate. Changes date when municipal officers take office from First Monday in July to the first day in July that does not occur on a weekend. Guess someone was bored and had nothing to do when he drafted this bill. Bill status

SB #3011: passed the Senate. REPEALS "no-pass, no play." Stupid. Very stupid. Bill status

Apparently Charles Evans, Jr. of Evans case fame and James Mike Sellari, CEO of Mississippi Valley Title Insurance, went to law school together. Evans graduated from Jackson School of Law (as an MC grad, I refuse to ever call it MC School of Law as it wasn't back then) in 1978 and Sellari in 1981. However, Jackson School of Law had a part-time program back then that classmates of the two lawyers tell JJ Sellari used. Several classmates have confirmed to JJ the two did attend Jackson School of Law at the same time. Mr. Evans became barred in the spring of 1980. No accusations of friendship between the two are made in this post, however, it is worth noting they attended school at the same time. We report, you decide.

Senate Bill #2936 passed out of committee yesterday in amended form. The amended bill would turn over zoning powers to the county and municipal governments for PRVD-owned land surrounding the Reservoir. Senator Lee Yancey, R-Brandon, spoke to JJ today and said the new version of the bill reflects his original intent of reforming the zoning regulations around the reservoir. Senate Bill 2936

Reservoir homeowners have increasingly complained about a so-called ad hoc approach to zoning that reflected little, if any, long range planning. Complaints about an increasing number of rental homes have become more frequent as well as the lack of accountabililty by the unelected PRVD Board to Reservoir residents. Senator Yancey's bill will restore some balance by giving them a means of crafting zoning regulations through their elected representatives.

Crime reports for week ending January 31, 2010.

Crime overview for week ending January 31, 2010.

Check out this balance sheet and see what you think. No cheating by going to Bankrate.com.

This is an update to a post I made last week on the no-vegetation zone in the levee plan. I added it to the original post Friday but I doubt many have seen it so here it is.

Update: Spoke to the Corps this morning, including a Mr. Gary Walker, Senior Project Manager, about the different zones in the levee plan. There is a no-vegetation zone from the toe of the levee out to fifteen feet away from the levee. The one hundred foot zone is from the top of the bank and extends towards the levee. The Corps said the purpose was to clear vegetation within the levees in order to improve river flow (See Pearl River at Lakeland Drive or by Fortification.) and that it won't go past the outer tow of the levee. In many cases, it won't even reach the levee itself. I was told the top of the bank was where the river met the bank at its natural river stage.

Original post last Friday

The Miami Herald reported on a budget meltdown taking place in Dade County. See if any of this sounds familiar:

"Facing a widening financial crisis, Miami leaders are already projecting a $45 million budget shortfall this year that could force the city to deplete its reserves and sell key assets to stay afloat.

Rising costs, slumping property tax collections and ever-growing pension obligations are feeding a meltdown that's now forcing administrators to look for drastic new sources of income not needed since the state took over Miami's books 14 years ago....

Today, a reserve that brimmed with $141 million in 2003 could plummet to less than $10 million by the time commissioners are finished with this year's budget in September, projections show. If that happens, Miami will break its own financial integrity laws -- prompting some officials to fear another painful state takeover.

``Unbelievable,'' said County Commissioner Carlos Gimenez, who was Miami's city manager when its reserves peaked in 2003. ``They forgot the lessons of the past.''

City leaders were also tapping into reserves to balance the books even as Miami was reaping record property tax returns during the historic housing boom.

``The problem was they were dipping into the reserve in some of the greatest boom years ever in the city,'' Gimenez said.

Based on the latest projections, the trend of siphoning the reserves will have to continue to keep the budget balanced. If that happens, the city would likely have to resort to dire methods to bring millions back in.

``We'll have to go and sell an asset,'' said Regalado, who declined to detail which city properties could be on the market. ``That is a potential remedy'.....

Besides the possibility of more department cuts and layoffs, a depleted reserve could hinder Miami's ability to issue bonds worth millions of dollars, including one to build a tunnel to the Port of Miami and another to bankroll badly needed affordable housing..." Article

First sign of trouble, any trouble, and Miami starting spending the rainy day fund. Now that they have gone through it, they don't know what else to do. San Francisco (Brad Chism's old client is leading the charge), several states, Baltimore, Toledo, Fort Lauderdale, and other governments are either thinking about or actually draining their rainy day funds.

So Billy McCoy, Cecil Brown, and the rest of you geniuses in the House, answer me this: What do you propose to do after you have used up the rainy day fund and tax collections still decline?

It looks like Robbie Bell is at it again. She managed to get her indictment expunged from her record after Jim Hood threw the case. Now she is trying to get her name removed from the lawsuit Linda Francombe, mother of Heather Spencer, filed against her, George Bell, III, and Narconon in 2008. Copy of motion, response, and notice of hearing.

Bell settled with Francombe last year and the suit against her was dismissed on July 24, 2009. She filed a Motion for Protective Order on December 22, 2009. No hellhole is too low for Robbie Bell as she asks the court to "quash" a subponea that was served upon her because it didn't include her fee. That is correct: her fee. MSRCP (c)(1) is cited: "the party causing the subpoena to issue shall tender to a non-party witness at the time of serve the fee for one day's attendance plus mileage allowed by law." The motion then states "The subpoena served on Robbie Bell did not include the fee for one day's attendance...".

Considering Robbie Bell filed her answer to Elizabeth Hall's lawsuit against her on the second anniversary of when Heather was murdered, one shouldn't be too surprised at her behavior in this matter. Mr. Burwell then gives a sob story about how Robbie had made plans to travel out of town but fails to mention any discussion with opposing counsel about rescheduling Bell's deposition. Mr. Burwell even goes so far as to claim media coverage will hurt her chances of a fair trial in the lawsuit filed by Hall. Burwell thus claims Bell's right to a fair trial will be jeopardized and her deposition should be sealed AND, ready for this, "The use of any deposition testimony given by Robbie Bell should be limited to this case unless otherwise ordered by the court." Burwell also asks the court to limit the deposition to what Ms. Bell witnessed. Hmmm...... wonder if the mother of Heather Spencer will want to know if Robbie paid for Bell's stay at Narcanon, how he got there, and other similar questions.

Mr. Stracenor filed a response for Mrs. Francombe in which he claimed Ms. Bell has "resisted all attempts by the Plaintiffs to depose her prior to the July 24, 2009 settlement" and that "Ms. Bell repeatedly refused to provide deposition dates". A hearing was held on January 25, 2010 on the matter before Hinds County Circuit Judge Winston Kidd.

This latest action by Robbie Bell and her lawyer is just more proof of what her true character is. Its pretty clear Ms. Bell has always been concerned with protecting her precious little image. We are talking about a mother who wouldn't appear in court when her son was convicted because she couldn't stand to have her reputation tarnished by media coverage. She even put up Christmas lights on her house a few short months after Heather's murder. Her response to her son kidnapping Heather's best friend was "I thought you were going to get Gatorade." This is a lady who threw a party the night after he got home from spending a few months in a rehab center ,a rehab he went to because he beat his girlfriend to a pulp and tried to kill her. Someone who didn't call the police when her son left the house for over an hour and then told James Bell she was leaving with the murdering bastard because she was scared James Bell might call the police. Ms. Bell has always been about damning everyone else and protecting herself first. Unfortunately, people have literally died and suffered in order for Robbie Bell to sleep at night. This motion is simply more of the same from Bell.

Left out Kathryn Kight, Katina Rankin, Cheryl Lassiter. They are included now. Sorry. Just vote again, early and often.

JJ had a poll last week asking the question "Should Mississippi legalize and tax marijuana?" A slight majority said yes. Although not a scientific poll, I would not be surprised if true polling showed similar results.

It is time the state legalized it, regulated it, and taxed it. Most of the harms associated with marijuana are already covered by other laws. Don't want it around kids? There are laws covering contributing to the delinquency of minors. Don't want someone high on weed causing a wreck and killing someone? There are already DUI laws. Don't want people being stoned in public? There are public intoxication laws. Don't want to see it at concerts or other outdoor venues? No problem as I'm sure the public smoking laws can be easily amended to cover such behavior. I've always thought it was ridiculous to bust some guy listening to some Pink Floyd or Tool in his own living room. More than a few cops have told me they would have no problem with its legalization and think some of the arrests they have to make because of marijuana laws are ridiculous.

Marijuana is a depressant. I fully support the laws banning cocaine, PCP, heroin, crack, meth, and other similar drugs. They are stimulants, they are artificially produced, dangerous, and a true threat to society and users. However, weed is not addictive and does not have the same effect on a user as do other drugs. How many bar fights have you seen where everyone was high on weed as compared to whiskey? Would Ole Miss fans really have anything to worry about in Tiger Stadium if they smoked week all day instead of funneling beer for 12 consecutive hours? It will not surprise me at all if it is legalized one day as more and more people support legalization.

The Grand Poobah of the Liberal Media has issued his marching orders to Democrats everywhere: FIGHT HARDER. Just like a World War I French general who kept insisting on trying to take the same hill over and over, so Rich does in excoriating Obama and the Democrats for in his view, not trying hard enough. Enjoy the read.

"Starfox is a beautiful girl believed to be a Shiba Inu (Japanese) dog. She is a wonderful companion, loyal, and friendly. She likes to play, and gets along well with other animals. She was found roaming the streets, lost, and hungry. Starfox is a very SMART girl and would train easily with a little one-on-one time. For more information, contact Animal Rescue Fund of MS 601-750-2740" Starfox's Page KF Note: Whoever adopts her, CHANGE HER NAME!!!

Here they are. Have at it.

Jackson Irish Dancers, MRA, Tougaloo College, Jackson Association of Realtors, Greater Belhaven Neighborhood Association. Crimestoppers, Enterprise Corporation of the Delta, American Federation of Teachers, Planning Commission for Civil Rights Museum, Fondren Renaissance Foundation

"When tax returns of several area nonprofits were published recently by Jackson blog Jackson Jambalaya .com, many readers were upset to learn that the president and CEO of the Greater Jackson Chamber Partnership made nearly $380,000 a year. Some readers thought the number was too high and asked what the Partnership’s leader did to justify the amount of compensation...." Article, Earlier post on JJ

Update: Spoke to the Corps this morning, including a Mr. Gary Walker, Senior Project Manager, about the different zones in the levee plan. There is a no-vegetation zone from the toe of the levee out to fifteen feet away from the levee. The one hundred foot zone is from the top of the bank and extends towards the levee. The Corps said the purpose was to clear vegetation within the levees in order to improve river flow (See Pearl River at Lakeland Drive or by Fortification.) and that it won't go past the outer tow of the levee. In many cases, it won't even reach the levee itself. I was told the top of the bank was where the river met the bank at its natural river stage.

Original post:
One criticism of the Army Corps of Engineer's levee plan is the so-called "scorched earth" policy. The "scorched earth" claim refers to the Corps' no-vegetation policy for levees. the no-vegetation policy has generated a firestorm of criticism as the Corps seeks to implement it from California to Monroe, Louisiana to Mississippi.

The Corps issued new regulations after Hurricane Katrina about the presence of vegetation on levees. It decreed a zone of fifteen feet from the toe of the levee was to be grass-only: no trees, shrubs, or similar plant life. Proponents of such a policy argue trees and similar vegetation weaken the levees over time and removal of such greenery results in lower flood stages as well as a faster flow when it is needed.

The AP reported last year:
"The Army Corps of Engineers is on a mission to chop down every tree in the country that grows within 15 feet of a levee — including oaks and sycamores in Louisiana, willows in Oklahoma and cottonwoods in California.
The corps is concerned that the trees' roots could undermine barriers meant to protect low-lying communities from catastrophic floods like the ones caused by Hurricane Katrina.

An Associated Press survey of levee projects nationwide shows that the agency wants to eliminate all trees along more than 100,000 miles of levees....

In 2006, the corps began sending hundreds of letters to levee districts across the nation, ordering them to cut down "unwanted woody vegetation," a prospect that could cost many of the districts millions of dollars each in timber-clearing expenses.

Inspectors began an inventory of the levee system and told districts to fill in animal burrows, repair culverts and patch up erosion.

If they fail to comply, the agencies risk higher flood insurance premiums and a loss of federal funding..." Article

This policy generated a storm of controversy in nearby Ouachita Parish when the Corps proposed clear-cutting trees for a 200-mile section of the Ouachita River for a width of 15 feet on each side of the levee. The President of the Ouachita River Foundation stated on its website the Corps changed the zone from 15 feet to 100 feet. However, sources at the Foundation have told JJ it is now working with the Corps and that the no-vegetation policy is implemented on a case-by-case basis (Involving studies and other analysis.). Ouachita River Foundation website

The Corps proposed a 100-foot section on each side of the levee (from the toe) be cleared of all vegetation in a 2007 feasibility study. Appendix II, Section V, Paragraph 26 states:

"The Levee Plan from the 1996 Jackson Metropolitan Area Feasibility study consists of constructing approximately 21.9 miles of new levee, 3,720 feet of floodwall, enlarging 10.5 miles of the existing Jackson and East Jackson levees, building 9 box culverts and 9 concrete pipe water control structures, and constructing landslide connecting ditches. Limited overbank clearing will be required to reduce stages at Lakeland Drive and minimize adverse impacts to the tailwater on the Ross Barnett Spillway. This overbank clearing consists of a 100-foot strip on each side of the channel top bank from RM 290.5 to 301.5 and a 400-foot strip across six bendways. Plates 4-V-1 through 4-V-17 show the proposed alignment of the levee and the location of the major drainage structures and landslide connecting ditches." See page 137

However, Corps spokesman Kavanaugh Breazale told JJ this week "a no-vegetation zone 15 feet from the toe of the levee is recommended for the proposed enhancements to the levee system" in Jackson. Mr. Breazale was pretty adamant about the 15-foot zone being the width of the no-vegetation zone and that the 100-foot recommendation in the 2007 draft was not the width that will be used by the Corps.

Related article

Judge Kidd ruled in a hearing this morning, via telephone concerning the motion to quash and response filed by the opposing parties in the wrongful death action filed against Stuart and Karen Irby, that he would not adjudicate the pleadings until holding another hearing on Febuary 8.

Attorneys John Farese (plaintiffs), Andi Small (plaintiffs), Richard Montague (defendants), and Tommy Page (defendants) participated in the call. (JJ and WLBT listened. It is unknown if any other media were on the call.) Montague spoke first, arguing Mr. Irby had no recollection and was not capable of providing a deposition. He said he "suffered a serious brain injury to his frontal lobe" and was "in a coma for five weeks." Irby's lawyer said the injury left him incapable of distinguishing a real memory from one based on what others told him. He claimed Dr. Clea Evans was a member of the treatment team, and even though she was not a medical doctor, had the most contact with Mr. Irby and was thus qualified to offer a professional expert opinion on Mr. Irby's ability to testify.

Mr. Farese said Dr. Evans offered "not one scintilla of evidence" in support of her claim he could not testify. He pointed out Dr. Evans' letter was not a sworn statement, she had not been deposed, and there was no medical evidence mentioned in her letter. Judge Kidd asked why Irby can not simply tell the court "I don't recall." Montague replied the stress would harm Mr. Irby.

Farese, ever the Southern gentleman who exudes a laid-back aw-shucks manner that hides a sledgehammer of a mind, called the letter from Dr. Evans "conjecture" and again pointed out she cited no evidence to support her claim and said "I'm not going to beat Mr. Irby up in a deposition." Farese argued either Mr. Irby should provide a sworn statement saying he doesn't remember anything or Dr. Evans should provide some actual medical evidence.

Farese went further and asked if Dr. Evans and Dr. Parillo (Irby's treating physician) thought that if he was incapacitated to that degree, then why didn't they take away his driver's license or have a conservator appointed for him to manage his affairs? Mind you now, Mr. Farese made these statements ever so nicely and professionally in a manner that gave signs he had maybe schooled at the UVA or the Halls of Eaton. Page admitted the parties had been in confidential settlement discussions over the last several weeks and blamed the talks delaying the deposition.

Judge Kidd ruled he would hear all motions on February 8 and that he strongly preferred to hold these hearings in his courtroom and not over the telephone. Judge Kidd also decreed he was not going to rule on the motions until depositions were taken of the two doctors. (They are scheduled next week.)

Earlier Poston Motion to Quash and Response to Motion

Crime reports week ending January 24, 2010/.

Major crimes overview for week ending January 24, 2010.

MARL has been pretty low on dog food lately. I know other websites support them and ask for their readers to donate food to MARL but I'm going to go one step further. If you go to Briarwood Pet Store and buy dog or cat food and tell them it is for MARL, they will hold it until I come by there and deliver it to MARL. They sell Natural Balance (which they need for dogs that undergo surgeries), Science, and Iams. It can be a 5, 15, 0r 30 lb bag, doesn't matter. Just spend 5-10 bucks on some pet food and I'll take care of the rest. They are open until 5:30 during the week and 5:00 on Saturdays. It's asking alot for many of you to drive 30 minutes or so to MARL so I'll make it easy on ya. Help MARL and stop by Briarwood on Canton Mart Road (next to Hickory Pit).

Update:
If you live out in Madison area, Bill at Snooty Pooch said you can get it from him for the same deal. In fact, you can call there and use your credit card over the phone and he will hold the pet food for me to pick up and deliver. He sells Wellness, Eaglepack, and Merrick lines. Some of these brands seem more expensive than what you see at Kroger but since they are higher quality, they last much longer so it evens out in the long run. When the pet gets full, he stays full and isn't hungry again a few hours later. Most of the blends are also allergy-free formulas. Just tell him it is for MARL.

So can't make it to the pet store, just call and we will take care of the rest. Good cause and it will help some animals that really need it. We've delivered over 200 lbs so far, lets give them some more.

Judge Yerger has not ruled on the Motion for Summary Judgement in the Hall v. Bell lawsuit BUT has decided to give both parties sixty days for discovery. What does this mean? Means Robbie Bell will FINALLY have to suffer the indignity of a deposition, the plaintiff can subpoena documents, phone records, and reports. Slowly but surely.......

By the way Burwell, brush up on Gannett v. Hand. You make ANY moves to seal ANYTHING I'm going to be in that clerk's office filing an objection, got it?