MBJ_Oct10_2014

INSIDE — How to work with all kinds of PR peeps, Page 22

35

MBJ FOCUS

YEARS

Small Business

1979

www.msbusiness.com {Section begins P 12}

» Association’s reach goes beyond just downtown » Banks may love debit cards more than you The List {P 18} » Employment Agencies

October 10, 2014 • Vol. 36, No. 41 • $1 • 24 pages

GOVERNMENT

MONEY

City of Jackson hit with $600K verdict in free speech case Federal jury finds mayor, JRA retaliated against developer for criticism of convention center hotel bidding

By TED CARTER ted.carter@msbusiness.com

PERSPECTIVE » BIG MONEY, college football and your vote this fall ...

Page 7

PR, Advertising {P 2} » Coblentz, Kenne team up to form Tellōs Creative Jackson {P 4} » Getting state office clients would be a challenge for revived Landmark bulding Gulf Coast {P 10} » New bistro slated for downtown Bay St. Louis

2014

RELATED:

The City of Jackson must pay a local developer $600,000 for violation of his free speech rights by former Mayor Harvey Johnson and the Jackson Redevelopment Authority, a federal jury ruled last Thursday.

The jury concluded the JRA violated develSee

JUDGEMENT, Page 19

Developer who won suit wants cooperation — not resistance — from Jackson, JRA

PAYDAY LENDER ALL AMERICAN ON TEMP LICENSE

By TED CARTER ted.carter@msbusiness.com

Payday lender All American Check Cashing’s troubles with state regulators have cost it renewal of its annual license.

The Madison company instead is operating its 41 stores under a temporary license granted by Mississippi Department of Banking and Consumer Finance regulators who need more time to determine whether the low-dollar lender violated state laws against rolling over short-term loans.

Meanwhile, new questions have arise about the origin of a training document that regulators found on the company’s intranet detailing how to do illegal loan rollovers every 14 days for borrowers who have monthly incomes.

Michael Gray, owner of All American, insists the document is the work of the company’s former chief administrative officer who put it on the intranet without anyone else knowing about it. It remained there undetected by company employees and management until regulators found it, Gray said in an interview last month. He said he fired the alleged author, CAO Alan Crancer, right after the training document’s discovery.

However, the training document appears to have been part of materials inserted into a company provided binder titled “All American Playbook” used for training supervisors at an all-day session at a Vicksburg casino hotel in October 2012. It was to be the subject of breakout session titled “Lending on the 1st and 3rd and 14 days” led by company executive Lisa Reed.

See

http://msbusiness.com/events/health-care-heroes-nomination-form/

PAYDAY, Page 9

2 I Mississippi Business Journal I October 10 2014

PUBLIC RELATIONS

New company, familiar faces » Coblentz, Kenne team up to form Tellōs Creative

BY WALLY NORTHWAY wally.northway@msbusiness.com

Two successful Golden Triangle-based entrepreneurs have teamed up, combining their strengths to establish a new, full-service advertising company.

Robbie Coblentz, executive producer and chief executive officer of Starkvillebased full-service production company Broadcast Media Group Inc., and Kathy Kenne, former co-founder and partner of the advertising, public relations, social media and special events firm Quest Group of West Point, have formed Tellōs Creative.

Tellōs, headquartered on North Jackson Street in Starkville with a Jackson office on Briarwood Drive, houses eight full-time employees and two part-time workers. The new advertising agency offers a veritable one-stop shop of services — combining graphics and web capabilities, video production and in-house photography studio with a public relations department and an events team.

Derived from the Greek word meaning “to reach one’s stated purpose,” Coblentz said Tellōs represents the creative economy at its best, a fusion of award-winning skills and talents that he and Kenne believe will find ready clients.

“After years of collaborating on video production projects, we decided to pool our resources and form a new company,” said Coblentz, who along with Kenne will serve as managing partner. “Our two staffs have very complementary skill sets, which will enable us to better serve all our clients by offering them expanded capabilities.”

“Our mission is to bring the latest technology together with the most creative ideas in order to give our clients exceptional marketing opportunities at a good value,” Kenne said. “Our industry is trending toward content marketing — educating and entertaining, not just advertising — and is increasingly more permission-based.

“What better way to address these changes than by combining the talents of great designers, writers, social media experts and videographers?”

Both Coblentz and Kenne, who combined have more than 40 years of industry experience, have already tasted success as entrepreneurs. Broadcast Media Group, founded by Coblentz in Starkville in 1996, has earned a reputation for executing unique projects. A good example is the firm’s work in 2011 to promote

Photo courtesy of Tellōs / MBJl

Members of Tell s Creative are (seated) Karen Culver, Art Shirley, Will Knight and Kathy Kenne; (standing) Kirsten Shaw, Robbie Coblentz, Margaret Buell and Jake Jones.

World’s Finest Chocolate’s bid to break the world’s record for largest candy bar ever made.

Last year alone, it won two Telly Awards, bringing the company’s international production awards total to 17.

Coblentz This year, Broadcast Media and Coblentz earned a Southeast regional Emmy nomination for work on “One Night in March,” a documentary on the 1963 Mississippi State University basketball team’s historic NCAA tournament game with Kenne Loyola University.

Kenne formed Quest Group in West Point back in 1994 along with Cindy Hodo.

That firm has also racked numerous awards. In 2010, Quest Group won a Telly Award for the commercial “Pick Peppers,”

Judge awards ex-Diamondhead city manager benefits DIAMONDHEAD — An administrative law judge has found that former Diamondhead city manager Richard Rose was a victim of a political vendetta in the coastal city.

“His political bosses used him as a pawn in their schemes to wrangle a little more power for themselves or deprive their rivals of that power,” Judge Nathan Nyberg with the Mississippi Department of Employment Security wrote last month in an order that awarded Rose unemployment insurance benefits.

Rose was fired earlier this year for what city officials said was misconduct, a charge Rose denied. Rose applied for unemployment, and was rejected by the city.

Nyberg said the city failed to provide substantial evi-

dence to justify Rose’s firing with cause.

“This ruling completely vindicates Mr. Rose’s position and what we’ve been saying since day one from his improper termination, that he did nothing wrong,” said Rose’s attorney, James Halliday.

He said Rose, who hasn’t worked in months, now has some money coming in.

“Even though the city attempted to deny him that right to his unemployment benefits, Judge Nyberg has granted those, completely and fully and he’s receiving them now,” said Halliday.

Next up for Rose is a civil case against Diamondhead set for a Dec. 1 trial in Hancock County Circuit Court.

— from staff and MBJ wire services

a promotional piece for Sweet Peppers Deli on which Quest collaborated with Broadcast Media.

That collaboration is expected to continue. While Kenne has departed Quest Group, Hodo will continue the agency in Birmingham, Alabama. Tellōs Creative and Quest Group will maintain a strategic working alliance.

Kenne, along with Kirsten Shaw and Art Shirley, brings their specialties of graphic design, web development, public relations and event management to the table. (Shaw is running the firm’s Jackson office.)

Coblentz and his staff, led by creative director Margaret Buell, will provide video production and photography from the firm’s 10,000-square-foot facility in Starkville.

They will not start from scratch. Among Tellōs’ major clients are Airbus Helicopters Inc., Mississippi State University and Yokohama Tire Corporation.

For more on Tellōs, visit www.telloscreative.com.

Memphis to get flood relief MEMPHIS — The U.S. Small Business Administration is opening an office in Memphis to make it easier for residents affected by last month's flooding to apply for disaster loans.

The agency says it will it open a Disaster Loan Outreach Center at the Shelby County Emergency Operations Center on Mullins Station Road on Wednesday.

The Small Business Administration is offering lowinterest disaster loans to residents and businesses affected by flooding on Sept. 11 in Crittenden County, Arkansas; DeSoto, Marshall, Tate and Tunica Counties in Mississippi; and Shelby County, Tennessee.

Loans up to $200,000 are available to homeowners.

— from staff and MBJ wire services

October 10 2014

I

Mississippi Business Journal

I

3

POLITICS

Health advocates decry lack of Medicaid expansion JACKSON — Groups supporting low-income Mississippi residents said Tuesday that elected officials are ignoring 300,000 people and refusing billions of federal dollars by choosing not to expand Medicaid in one of the poorest states in the nation.

If the state were to extend Medicaid, as allowed under the health overhaul that President Barack Obama signed into law, many low-wage workers could receive coverage that would enable them to afford doctors' visits, prescriptions and medical supplies, said Roy Mitchell of the Mississippi Health Advocacy Program. He said bus drivers, cashiers, day care workers and many others are in jobs that provide modest paychecks but no health insurance coverage.

"These are the people the governor is punishing today," Mitchell said during a news conference at the Jackson Medical Mall, part of an effort to increase pressure on elected officials before the 2015 legislative session begins in January.

Gov. Phil Bryant and other Republican leaders have said repeatedly over the past two years that they don't believe the federal government will fulfill its promises to pay most of the tab for Medicaid expansion in the future, and they don't want Mississippi to get stuck with a health program that eats a disproportionately large share of the state budget.

"It's relatively hard to get on Medicaid, which it should be," Rep. John Moore, R-Brandon, a member of the Joint Legislative Budget Committee said during state budget hearings last week.

During the hearings, Medicaid officials requested more than $1 billion for the first time in the program's history. Legislators rarely grant agencies' full requests for money, but even something just short of $1 billion would be a significant chunk of a state budget that's expected to be just over $6 billion for the year that

begins July 1.

The federal health law allows states to expand Medicaid to people earning up to 138 percent of the federal poverty level, or about $15,000 a year for one person. In Mississippi now, the income cutoff is about $5,500 for one person, and many able-bodied adults are not eligible for Medicaid coverage regardless of how little they earn.

For now, and the next couple of years, the federal

government will pay all expenses for people added under Medicaid expansion. After that, the law says the federal government would pay 90 percent of the cost.

Bryant has said that rather than expanding Medicaid, Mississippi should put more money into community health centers that serve low-income patients. Robert Pugh, director of the community health centers' organization, the Mississippi Primary Care Association, endorsed Medicaid expansion

EDUCATION

Co-Lin gets $2M-plus to support oil industry WESSON — Copiah-Lincoln Community College will use $2 million over the next three years to help train diesel mechanics to support southwest Mississippi’s growing oil industry and operations at the port of Natchez.

The U.S. Labor Department is giving $10 million total to four community colleges to improve training of automotive technicians.

Other colleges getting the money include Lawson State Community College in Birmingham, Alabama; Atlanta Technical College in Georgia, and Central Louisiana Technical Community College in Alexandria, Louisiana.

Co-Lin plans to offer classes on its Natchez and Wesson campuses.

Funding comes from the Trade Adjustment Assistance Community College and Career Training program. It targets workers who lost their jobs for various reasons.

— from staff and MBJ wire services

y

during the news conference Tuesday.

"A sick child cannot learn, and a sick adult cannot earn," Pugh said.

About 40 percent of community health centers' patients are uninsured, and about 30 percent are on Medicaid or another type of government-funded insurance, the state Children's Health Insurance Program, Pugh said.

— from staff and MBJ wire services

4 I Mississippi Business Journal I October 10 2014

ECONOMIC DEVELOPMENT

Getting state office tenants could be challenge for revived Landmark » Chairman of House Property Committee and building’s broker differ on suitability for state use

By TED CARTER ted.carter@msbusiness.com

While making ambitious plans to convert Jackson’s Landmark Center to a mix of apartments, offices and retail, the building’s new owners want to recruit office tenants for the four floors situated below the two top floors designated for apartments.

Each floor has about 50,000 square feet.

A Cushman & Wakefield study in 2011 put leasing rates at $14 a square foot.

The study, commissioned by thenGov. Haley Barbour and the Mississippi Department of Finance & Administration, ranked the Landmark as the first choice to be the new headquarters of the state Department of Revenue, which in July relocated to Clinton’s SouthPointe Business Park.

Today, despite the top ranking by the international real estate firm, the Landmark can expect some difficulty attracting state offices as tenants, according to Rep. Tom Weathersby, a Florence Republican who chairs the House Property Committee.

Weathersby has prevented a vote the past two years on legislation introduced by Senate Property Chairman David Blount to consolidate state offices downtown — a move a study by Millsaps University’s School of Business says would eventually save the state around $5 million a year.

Blount plans to bring the bill back in 2015. Weathersby is not saying he’ll block the bill again but hardly endorsed it in an interview last week. “I’m not looking back at last year. I’m looking to this year,” he said.

And he’s watching out for state workers, he added.

“We have to look at our state employees. We have to make sure that wherever we put them, they are put in a safe place and that they can get to and from their jobs easily.”

Saving money is important, Weathersby said, but the decision on placing state offices must entail more than weighing the per square foot costs of a particular location.

Weathersby may not have fully made up his mind on Blount’s bill, but he has on the Landmark, vacated two years by BellSouth/AT&T. “You know we’ve looked at that site,”

“We have to look at our state employees. We have to make sure that wherever we put them, they are put in a safe place and that they can get to and from their jobs easily.”

— Sen. David Blount

FILE / The Mississippi Business Journal

While making ambitious plans to convert Jackson’s Landmark Center to a mix of apartments, offices and retail, the building’s new owners want to recruit office tenants for the four floors situated below the two top floors designated for apartments.

Weathersby said. “We even looked at it this summer to see if there was anything we could find that might be useful for state property. It didn’t seem like the building would fit the needs for what state agencies Blount might need.”

He said “lots of things” put the 366,000-squarefoot structure at a disadvantage as a candidate for state offices, including “the way it is built.”

He declined to go into further specifics on the shortcomings he sees with the building, but stressed that parking for state Estes workers and visitors to state offices is a major concern. “Parking downtown, as you know, is one of the biggest problems that we have.”

Under the proposal that would have put the DOR headquarters in the Landmark, employees and visitors would have parked across Capitol Street at One Jackson Place.

An investment partnership headed by Israeli attorney Zeev Yocheimen bought the glass-enclosed seven-story Landmark Center at auction in late July for slightly more than $2 million.

The ownership’s local broker, Brian Estes, said in an interview last Friday that the building at 175 East Capitol Street is

headed for a mixed-use conversion and some over-due maintenance work. But the preference is to begin leasing office space right away, he said.

Estes said he is hoping Blount’s office consolidation bill, which has received unanimous Senate approval the past two years, gets an affirmative vote by both houses in the 2015 session. “In all candor, it should happen,” he said, as a way to revitalize Jackson as the state’s capital city.

The Landmark, he said, “is definitely suited for governmental uses” and noted previous owner BellSouth/AT&T “was similar to most governmental agencies in that they have a higher employee-to-square- foot ratio due to cubicle requirements.”

Open spaces are on most of the floors and can accommodate cubicles, according to Estes.

Previous brokers have cited the extensive data and telecom capacity created by the BellSouth/AT&T. Estes conceded “parking has been an issue with the building,” but said with multiple parking garages in downtown Jackson, parking should be available to all users of the Landmark and other buildings.

He said he and the owners “will work hard to resolve any obstacles or issues in creating a win/win relationship for both the owner and tenant.”

One lease for a small user has already been signed, he said.

Some thought has gone into converting the building – or perhaps a portion of it – into a hotel. But time is not on the owner-

ship’s side, Estes noted. “I don’t think the owner is in a position to wait for a hotel conversion… I also believe a hotel conversion may be too expensive.”

The plan is to start by getting some “solid office tenants in there” and follow that with retail tenants, he said.

BankPlus once had a branch on the ground floor of the Landmark. The vault it used is still in place.

A bank is “one of the users we’re looking for,” he said.

The buildings location at Capitol and Lamar streets puts it “literally at Main and Main” and should make it a strong draw for a bank and retail tenants, Estes added.

Estes acknowledged the building is overdue for maintenance, a circumstance created by Bell South/AT&T’s reluctance to spend significantly on maintenance knowing it would be vacating.

Jim Ingram, Hertz Investment Group senior vice president and chief investment officer, said when Hertz had an option on the building the company concluded the roof would have to be replaced. The commercial real estate company considered that expense when it put a bid on the building of below $2 million, Ingram said in an interview in August.

Estes said the new owners are awaiting inspection reports to determine whether a new roof is needed.

To convert the top couple floors to 80 or so residential units, plumbing and electric must be reworked, Estes said, though he added the work should not interfere with office tenants.

“We’re still getting our cost estimates for residential and what are efficiencies will be,” he said.

Our plan for you: Customer Savings. New Technology.

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To learn more,visit EntergyBrightFuture.com.

A message from Entergy Mississippi, Inc. Š2014 Entergy Services, Inc. All Rights Reserved.

A member of the Mississippi Press Association www.mspress.org

200 North Congress, Suite 400 Jackson, MS 39201-1902 Main: (601) 364-1000 Faxes: Advertising (601) 364-1007; Circulation (601) 364-1035 E-mails: mbj@msbusiness.com, ads@msbusiness.com, photos@msbusiness.com, research@msbusiness.com, events@msbusiness.com

Website: www.msbusiness.com October 10, 2014 Volume 36, Number 41

ALAN TURNER Publisher alan.turner@msbusiness.com • 364-1021 ROSS REILY Editor ross.reily@msbusiness.com • 364-1018 WALLY NORTHWAY Senior Writer wally.northway@msbusiness.com • 364-1016 FRANK BROWN Staff Writer/Special Projects frank.brown@msbusiness.com • 364-1022 TED CARTER Staff Writer ted.carter@msbusiness.com • 364-1017 LISA MONTI Contributing Writer mbj@msbusiness.com • 364-1018

MBJPERSPECTIVE October 10, 2014 • www.msbusiness.com • Page 6

OTHER VIEWS

W

Mississippians have reason to celebrate

hen baseball was at its undisputed zenith as the national pastime in the early 1950s, the French-born American cultural historian Jacques Barzun wrote, “Whoever wants to know the heart and mind of America had better learn baseball.”

In a similar vein, it could be said today that anyone who wants to understand the culture of Mississippi had better know something about college football.

Whether or not you are a college football fan, there is simply no denying that it exerts a pull on this state that can approach religiouslike fervor. That’s especially true when it

comes to the two big SEC schools, Ole Miss and Mississippi State, whose followers gather for sacred rituals on Saturdays and wear their tribal identity — literally and figuratively — the rest of the week.

At this moment we are in a golden age of football for those two universities that could make the stakes at their season-ending Battle for the Golden Egg the highest ever. Imagine this: A Mississippi State-Ole Miss game, the Egg Bowl as it is called, not only deciding the SEC West but having national championship implications.

No one could have fathomed such a possibility as anything other than pure fantasy for

virtually the entire history of their rivalry.

This past weekend was an unprecedented one for Mississippi even before the games were played: The first time Ole Miss and State had played Top 10 teams at home on the same day while themselves both ranking in the Top 15. At the end of an unprecedented weekend, the Bulldogs had soundly thrashed Texas A&M, the Rebels had stunned perennial nemesis Alabama, and both had soared to, of all things, a tie at No. 3 in the nation in The Associated Press poll.

See VIEW, Page 7

BOBBY HARRISON Contributing Writer mbj@msbusiness.com • 364-1018 TAMI JONES Advertising Director tami.jones@msbusiness.com • 364-1011

» THE OUTSIDE WORLD

» EDUCATION

Hood asks judge to throw out school funding suit

MELISSA KILLINGSWORTH Sr. Account Executive

melissa.harrison@msbusiness.com • 364-1030 VIRGINIA HODGES Account Executive virginia.hodges@msbusiness.com • 364-1012 TACY RAYBURN Production Manager tacy.rayburn@msbusiness.com • 364-1019 CHARINA RHODES Circulation Manager charina.rhodes@msbusiness.com • 364-1045 MARCIA THOMPSON-KELLY Business Assistant marcia.kelly@msbusiness.com • 364-1044 SUBSCRIPTION SERVICES (601) 364-1000 subscriptions@msbusiness.com Mississippi Business Journal (USPS 000-222) is published weekly with one annual issue by MSBJ 200 N. Congress St., Suite 400, Jackson, MS 39201. Periodicals postage paid at Jackson, MS. Subscription rates: 1 year $109; 2 years $168; and 3 years $214.

To place orders, temporarily stop service, change your address or inquire about billing: Phone: (601) 3641000, Fax: (601) 364-1035, Email: charina.rhodes@msbusiness.com, Mail: MS Business Journal Subscription Services, 200 N.Congress Street, Suite 400, Jackson, MS 39201 POSTMASTER: Send address changes to Mississippi Business Journal, Circulation Manager, 200 North Congress Street, Suite 400, Jackson, MS 39201 To submit subscription payments: Mail: MS Business Journal Subscriptions Services, 200 North Congress Street, Suite 400, Jackson, MS 39201.

No material in this publication may be reproduced in any form without the written consent. Editorial and advertising material contained in this publication is derived from sources considered to be reliable, but the publication cannot guarantee their accuracy. Nothing contained herein should be construed as a solicitation for the sale or purchase of any securities.

It is the policy of this newspaper to employ people on the basis of their qualifications and with assurance of equal opportunity and treatment regardless of race, color, creed, sex, age, sexual orientation, religion, national origin or handicap.

The Mississippi Business Journal, is an affiliate of Journal Publishing Company (JPC), Inc.: Clay Foster, president and chief executive officer.

Entire contents copyrighted © 2014 by Journal Inc. All rights reserved.

» HOW TO WRITE Letters to the editor are one of the most widely read features of the Mississippi Business Journal, and they give everyone a chance to voice their opinions about current affairs. We’re interested in what you think and we welcome Letters to the Editor for publication. Here are the guidelines: >> Letters should not exceed 300 words in length as a general rule. >> All letters must bear the writer’s address and telephone number. Street addresses and telephone numbers will not be published, but may be used for verification purposes. Letters may not appear without the author’s name. >> Form letters, thank you letters and letters to third parties generally are not acceptable. >> Letters must be typed or e-mailed. >> Letters must conform to good taste, not be libelous and not involve personal attacks on other persons.

>> All letters are subject to editing, and become the property of the Mississippi Business Journal. >> Letters can be sent to The Editor, The Mississippi Business Journal, 200 North Congress, Suite 400, Jackson, MS 39201, delivered to the newspaper during regular business hours or e-mailed to editor@msbusiness.com. They may also be faxed to Ross Reily at (601)-364-1007.

» CORRECTIONS The Mississippi Business Journal takes seriously its responsibility to provide accurate information, and will correct or clarify articles produced by the editorial department if we have made an error or published misleading information. The correction will be placed in the perspective section.

If you see inaccuracies in Mississippi Business Journal news stories, please report the mistake via email at editor@msbusiness.com.

Attorney General Jim Hood is seeking dismissal of a lawsuit filed by 21 school districts that argues Mississippi owes them $230 million in education aid and demands an end to future shortfalls.

In papers filed Tuesday in Hinds County Chancery Court, Hood's office wrote that even though a 2006 law says Mississippi's school aid formula must be fully funded, that guarantee has no power to bind future legislatures.

"One session of elected legislators cannot dictate the discretionary budgeting and appropriation authority of a future session of elected legislators," Hood's office wrote.

Hood cited cases from five other states to prove his point, but said it's ultimately common sense.

"If the principle did not exist, as the school districts' ill-conceived mandatory appropriations theory here contemplates, the 2006 Legislature could have enacted a statute providing every subsequent legislature 'shall never appropriate more than $1 to any school district' in any given fiscal year," Hood wrote.

The lawsuit seeks to make up shortfalls in the Mississippi Adequate Education Program funding formula since 2010. The law says the Legislature "shall" fully fund the formula and former Gov. Ronnie Musgrove — spearheading the lawsuit — argues that leaves no room for interpretation. The suit also asks a judge to order lawmakers to never again underfund the program.

From 2009 through the current school year, lawmakers have fallen more than $1.5 billion short of full funding.

"Unfortunately, General Hood finds himself in the difficult situation of having to defend a client that is undeniably guilty," Musgrove said in a statement Tuesday.

Hood also argued that elsewhere in the 2006 law, lawmakers directed how money should be allotted when the full amount isn't appropriated, showing lawmakers didn't even intend for the statement to be binding. Musgrove argues the same law closed those partial-funding escape hatches after 2009.

See LAWSUIT, Page 7

PERSPECTIVE

October 10, 2014 I Mississippi Business Journal

» RICKY NOBILE

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7

"Courts do not step in and direct legislators how they must go about passing laws. Generally the separation of powers doctrine precludes courts from declaring how legislators must interpret any obligations the MAEP statutes impose on them."

— Jim Hood

LAWSUIT

»INSIDE MISSISSIPPI

Big money, college football and your vote

A

pparently there are some kind of national elections coming up in a month. Really. It’s true.

They call them the “mid-term” elections. With everything going on at home and abroad, it’s shaping up to be a pretty important one for the future of our state and nation.

However, save for a few dedicated souls and a few employees at PR firms getting paid by these campaigns, the political buzz throughout the state of Mississippi surrounding these “mid-terms” is dying faster than the honeybee. There are several reasons why.

Chief among them, of course, is that Mississippi State and Ole Miss are both 5-0 and the toast of college football and its sports entertainment media machine, ESPN, might as well consider setting up a branch studio in Okolona.

Mississippi football news has taken over not just the front pages of our papers but the bulk of opinion pages, lifestyles, obituaries and classifieds. I myself have turned in another opinion piece along with this one titled “Ode to Dak.” I am curious to see which one my editor chooses. He is an Ole Miss season ticket holder, after all.

Who would even want to wrap their minds around the tedium of mid-term politics at a time when the Bulldawgs and those Land Sharking Rebel Black Bears could not only face one another undefeated in a “Game-of-the-Century” Egg Bowl, but even end up facing one another yet again as part of the first ever college football playoff? Be ready. It just may happen. These teams are that good. Everything is awesome if you love college football in Mississippi.

If you are a fan of Mississippi politics, on the other hand, this mid-term election is as boring as Ole Miss football under

Steve Sloan.

Sure, the primary started off with a Tea Party vs. GOP Establishment battle that looked to change the face of politics in Mississippi. All the same, Haley Barbour and his preacher friends found a way to pull their candidate away from his pet goat and into the general election. But I kid.

David Dallas The incredibly ugly, high-dollar Republican Senate primary between Sen. Thad Cochran and challenger Chris McDaniel was both travesty and tragedy.

Now that McDaniel has been keeping his candidacy on lifesupport through legal challenges, it’s safe to say that folks in Mississippi have a severe case of campaign fatigue.

There is a cancer in the American political system. Former U.S. Sen. John Stennis called it the politics of Big Money.

When I knew Stennis in his retirement, he would often lament how big money has taken the vote away from the common man, your ordinary everyday American. Big money politics lends itself to misinformation, dishonesty and ultimately leads to apathy.

While our ugly GOP Senate primary turned out a very sizable number of Mississippi voters, the general election will likely not come anywhere close. The low turnout will not just be the result of Tea Partiers staying home or the inability of Travis Childers to inspire whatever may be left of the Democratic Party in Mississippi. Those will be factors certainly, but the cold hard fact is Americans have been apathetic for quite See DALLAS, Page 8

Continued from Page 6

Even if lawmakers did have the power to bind their successors, Hood argued a judge would unconstitutionally violate the separation of powers among the judicial, legislative and executive branches by telling lawmakers how to spend money.

"Courts do not step in and direct legislators how they must go about passing laws," Hood's office wrote. "Generally the separation of powers doctrine precludes courts from declaring how legislators must interpret any obligations the MAEP statutes impose on them."

The state notes that Musgrove doesn't claim any constitutional violation, saying that only when constitutional rights are at stake may judges step in to "regulate another branch's exercise of its core powers."

Another group — Better Schools, Better Jobs — has gathered signatures to put a referendum on Mississippi's 2015 general election ballot that would amend the state Constitution to guarantee "an adequate and efficient system of free public schools." That group, which opposes the lawsuit, said Monday that it has enough voter signatures to put the question on the ballot.

Finally, Hood argued the lawsuit should be thrown out because Mississippi law says the state cannot be sued for legislative action or inaction.

VIEW

Continued from Page 6

People who do not follow college football cannot truly understand the significance of this moment for long-suffering fans of both schools. In spite of brief glimpses of what might be, MSU has never sat this high on the college football hierarchy and Ole Miss hasn’t in 50-plus years.

Mississippi has an extraordinary sense of statewide community. School loyalties nurture that sense of community and, at their best, produce friendly, spirited rivalries that help give flavor and zest to otherwise routine days.

Yes, people sometimes take college sports too seriously and get things out of proportion. And those rivalries can sometimes degenerate into small-mindedness and bad behavior.

But we Mississippians – a proud people so often bombarded with all the ways our state trails the rest of the nation – have every reason to take pride and joy in the accomplishments of our football teams. Their histories are deeply rooted in Mississippi’s history, and their achievements belong to everyone in our state.

— Northeast Mississippi Daily Journal

8 I Mississippi Business Journal I October 10, 2014

PERSPECTIVE

»FROM THE GROUND UP

» WHAT YOU’RE READING

Who matters most to the small business owner?

Here are the most-read stories on msbusiness.com from Sept. 30 - Oct. 7.

1. UMMC receives patient suspected with Ebola 2. Jackson must pay $600K in free speech case Phil Hardwick

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supplier puts in. It is what the customer gets out and is willing to he small business owner must serve four masters. pay for. A product is not quality because it is hard to make and They are the customer, the employee, the product costs a lot of money, as manufacturers typically believe. This is inor service and the owner himself or herself? Each is competence. Customers pay only for what is of use to them and important, but is there one more important than gives them value. Nothing else constitutes quality.” the others? The four perspectives about each are This Drucker comment is very interesting in light of the ongoing presented for discussion before revealing that there is evidence GM recalls. As of Oct. 3, 2014 its total recalls for the year climbed to that suggests one provides the best return on investment.

71, affecting almost 30 million vehicles in North America. And yet, The conventional school of thought says that the owner should pay himself or herself last. After all, isn’t the profit the pri- sales of GM motor vehicles have not significantly fallen. According to an Aug. 1 press release, “General Motors dealers delivered mary reason that someone goes into business in the first place?

256,160 vehicles in the United States in July, for the company’s Besides, the owner must be paid last because if the owner does highest July sales since 2007. Total sales were up 9 percent comnot pay employees, suppliers and a variety of other expenses the pared with a year ago. Retail sales — those to individual customers business will not be in business very long. Then there are those — were up 4 percent. Commerwho say that the small business cial deliveries were up 69 percent owner is really more like a manThe chicken-and-egg argument comes into and all other fleet deliveries were agement employee and that the up 21 percent.” manager’s salary should be inplay when discussing whether the customer What about the idea that the cluded in the operating expenses focus should be on employees? of the company. That would ceror the product or service is more important.

Isn’t that where the customer tainly be a good idea if there is service experience really comes plenty of money coming in to from? Even when the product is only average, if employees treat pay all of the expenses. Besides, if the owner desires to become a customers with care then the company will be rewarded with good passive owner, i.e. more of an investor, then the manager’s salary will be an expense. All of this makes good sense when the income sales. After all, research shows that employers who have the happiest employees have the greatest sales. Just look at Google, with its of the business exceeds the expenses. employee benefits. On the other hand, one may cite Amazon’s There is the school of thought that states that putting cussales numbers and financial performance as compared to its nottomers first is the first rule of business. If a business has no cusso-happy employees. Amazon’s stock price in October 2010 was tomers then it has no business. The importance of putting around $150, while this month it is over $300. It now sells over half customers first seems to be more relevant every day with the introthe book sales. Its employees do not enjoy the highest wages or the duction of some new technology product or technology-based biggest perks. Consider this headline from the Dec. 19, 2013 Interservice. Today’s customers are more sophisticated and have more national Business Times website, “Amazon.com’s Workers Are Lowtools at their disposal to air grievances and compliments. And the Paid, Overworked and Unhappy; Is This The New Employee customer has more power than ever before. One recent report said Model For The Internet Age?” that 90% of consumers trust peer reviews and 70 percent trust onClearly, every small business must focus on all four things menline reviews. According to Market Metrics, the probability of selltioned above to be successful. Also, each business is different. One ing to an existing customer is 60-70 percent, while the probability of selling to a new prospect is 5-20 percent. Many would argue that business may need to be obsessive about customer service while another should focus on delivering quality products. Nevertheless, if customer service is not now the most important focus of running all businesses would benefit from knowing that there a connection a small business that it will be in the very near future. between workers feeling well-treated by their employers, and the The chicken-and-egg argument comes into play when discussing bottom line. “CBS News Sunday Morning” reported on this subwhether the customer or the product or service is more important. ject in its Aug. 31, 2014 edition. One example it used was 15 years Each depends on the other. Understanding what the customers of stock tracking in Fortune magazine's "100 Best Companies to wants leads to offering that product or service. In most cases, the Work For," which outperformed both the S&P 500 and the Rusbest product or service is rewarded with the most customers. sell 3000 indices. The result was an 11.8 percent increase in the Therefore, the product or service should be the biggest focus. stock value of the “100 Best” companies, 6.4 percent in the Russell Then there is another perspective. Although customer service 3000 and 6.04 percent in the S&P 500. is becoming more important, customers sometimes do not know that they want a product or service until it comes along. As Henry Ford pointed out, “If I had asked them what they wanted » Phil Hardwick is a regular Mississippi Business Journal columnist and CEO of they would have said faster horses.”

The Hardwick Company, LLC, which provides strategic planning facilitation and Management guru Peter Drucker had this to say about prodleadership training services. His email is phil@philhardwick.com and he’s on the uct and service. “Quality in a product or service is not what the web at www.philhardwick.com.

DALLAS

Continued from Page 7

some time.

Only 52 percent of eligible voters actually cast a ballot in the last presidential election. As the electorate in a representative democracy, we’ve effectively been turned off and shut out by Big Money Politics. Most of us don’t believe our vote makes any difference against the public relations stunts and

high-priced campaign propaganda. We’ve been bombarded with ads and media telling us to distrust all politicians, even the very ones we repeatedly re-elect.

Big money has been instrumental in keeping viable thirdparty candidates from mounting any real challenges to the ruling apparatchik and has forced our leading political parties to behave more similarly than ever in an effort to keep the money flowing.

So during this next month, take a little time away from

3. Miss. River bridge to be named for towboat pioneer 4. Bama fans lifting prices for Saturday’s Ole Miss game 5. Landmark Center slated for mixed-use conversion

» MBJ COMMENTS ONLINE

You cannot be serious RE: “UMMC receives patient suspected of having Ebola” (Oct. 7) ... “Ebola is not very infectious” really? Yet health care workers who have treated patients with the disease have contracted it even though they were in full haz-mat gear. Doesn’t make one feel very secure.

Bad timing RE: “Cochran’s lawyers: McDaniel’s challenge came too late” (Oct. 3) ... As it stands now, Mr. McDaniels lawsuit challenging the election results is being held at bay simply based on the timing of his filing. Why not apply the legal principal of the statute of limitations countdown not starting until the time of discovery of a potential crime, not the date of the allegedly fraudulent election? Furthermore, if fraud took place and such acts were felonious, maybe there should not be a “statute of limitations”.

Here’s what I think RE: “Cochran’s legal counsel asks Court to toss McDaniel’s lawsuit” (Sept. 28) ... I have a small correction to the article.

“McDaniel filed a lawsuit in mid-August, claiming the runoff was tainted by the participation of Democrats.”

It should read: McDaniel filed a lawsuit in mid-August, claiming the Republican Party Primary runoff was tainted by the participation of Democrats who had already voted in the same year’s Democratic Party Primary, which is illegal per Mississippi state election laws.

No punishment RE: “PEER: Backlog of parole candidates costing state” (Sept. 22) ... Well, why don’t we let all of these “offenders” out. The Department od Corrections has taken the Stockholm Syndrome position. They, Chris Epps and his appointees, believe the tax payers of MS can’t afford to keep these “offenders” locked up. After all they did was steal your possessions and apparently your false sense of security.

following our formidable college football teams, Katy Perry and corn dogs, and consider what you, your family, your community and your state truly needs in the way of political leadership. While our choices are limited, we still have the power of the ballot box, at least for now. » David Dallas is a political writer. He worked for former U.S. Sen. John Stennis and authored Barking Dawgs and A Gentleman from Mississippi.

October 10 2014

issued. Instead, the state will grant the lender a permanent annual license which will be listed for public view on the Dale Danks Jr., lawyer for All American, said the department’s website. document was not used in any training that day.

If regulators conclude All The Mississippi Department of Banking and Consumer American violated state laws, Finance refused to renew All American’s annual license after it expired Sept. 30. “We issued a temporary license they will post a website notice under “Administrative Actionsâ€? that will be in effect until a permanent license is either Gray that detail the penalties. No issued or denied,â€? said Taft Webb, director of the details of the violations will be department’s consumer ďŹ nance division. revealed, however.

Each store must post the notice that the stores is A ďŹ nding that All American broke state laws could operating under a temporary license, Webb said. result in ďŹ nes, orders of restitution to borrowers and The banking department put All American under a denial of a permanent license. The denial would force the cease-and-desist order in late June after receiving lender to cease all lending and check cashing, according complaints the payday lender routinely rolled over to Webb. payday loans in violation of the state’s 2012 check All American’s principals could reapply for a license but casher’s law. Owner Michael Gray has denied that past violations would weigh into the state’s decision rollovers — the practice of renewing a loan without whether to grant a license, Webb noted. payment of its principal — occurred at his stores in Gray, the owner of All American, said in his ďŹ rst public Mississippi.

Rollover of loans essentially means “you can’t pay one interview since the trouble with the state that he loan with the proceeds of another loan,â€? Webb said in an expected full renewal of his license at the end of September. He said he expected the investigation to interview soon after the state issued the cease-andclose with no ďŹ nding of fault against his company. desist order.

Gray blames all of the trouble on Crancer, the chief The order addresses several alleged practices of All administrative ofďŹ cer he ďŹ red shortly after the American but its main feature is the ban on rollovers. investigation began.

In the order, the department says it has “reasonable Crancer wrote the unauthorized training document cause to believe that All American Check Cashing has detailing how to achieve illegal loan rollovers for violated certain provisions of the Mississippi Check borrowers whose source of income is monthly, Gray Cashers Act and the Mississippi Title Pledge Act.â€? claims. Crancer denies this and says All American has Examiners treat the investigation of All American just damaged his professional reputation by making the as they would an examination of any state-chartered claim. bank, credit union or other ďŹ nancial institution. If All In a written emailed statement Tuesday, Crancer American is cleared of any wrongdoing, no notice will be

PAYDAY

Continued from Page 1

addressed the “Playbookâ€? and its use at the October training day. “In October of 2012, All American Check Cashing held an offsite meeting at the Riverwalk Casino in Vicksburg‌ “Every employee in attendance received a white binder entitled “All American Playbook — October 2012â€?. I, along with Scott Cain, Sonya Teasley, Jeremy Hoskinson , Randy Kirby, Mandi Hearn and Kelvin Hall, all made presentations to the employees on a wide array of topics that day. “There were 3 breakout session that day. One on Check Cashing presented by Laura Faulkner, a second on Collections and Garnishing, presented by Becky Bomar and third on Lending on the 1st and 3rd and 14 Days, presented by Lisa Reed. “In the playbook there were 5 tabs, behind the Lending tab was a three-page document entitled “Breakout Session – Lending on the 1st and 3rdâ€?. This is the document that discusses and outlines how to take fees “Mid-Month customer brings $40 and writes for the remaining credit line of $200.â€?

The statement says Lisa Reed, a retail store supervisor, and Heather Barnett, a retail store manager, taught the class. Both Lisa Reed and Heather Barnett names are listed at the bottom of the Breakout Session document.

Crancer added in his statement: “Also enclosed in the white binder‌ was a welcome note from Michael Gray, welcoming everyone to the meeting and outlying the agenda for that day. It listed the breakout sessions and the Lending on the 1st and 3rd session. Michael Gray approved the agenda for that meeting in October 2012, as he does for all companywide employee meetings.â€?

Danks said Crancer is among several “disgruntled� former employees out to hurt All American.

Gray said proof his company follows state law rests in

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the fact regulators have not shut it down. “If All American did the rollovers as a routine part of business, I wouldn’t be sitting here with a company still operating,� said Gray, who emphasized All American passed a series of state compliance audits in 2013 and 2014.

He said the compliance audits included 27 unannounced examinations. Gray voiced conďŹ dence the state will renew his full license.

Crancer has hired Hattiesburg lawyer Daniel Waide to seek two years of back wages for him as well as two years of company-provided health insurance.

Crancer, a four-year employee of All American, has said in interviews that he had no part in setting loan policy or in training or instructing store employees on lending practices.

The company’s COO Kelvin Hall oversaw lending operations, according to Crancer.

Gray suspended Hall at the outset of the state investigation of All American. Danks declined to conďŹ rm the suspension was related to the state’s investigation.

Crancer alleges All American ďŹ red him for not participating in illegal activities that included under-thetable payments to state legislators.

Waide included several allegations in a July letter to Danks. In the letter, he said Crancer claims the company made the illegal cash payments to lawmakers in return for “favorable legislation.�

Waide further claims All American asked Crancer to participate in making cash payments to owner Michael Gray to help Gray avoid paying taxes.

Gray denies all of Crancer’s allegations.

Danks said he thinks Waide and Crancer “have conspired to actively engage in the criminal act of attempting to extort beneďŹ ts, both monetary and otherwise from my clients.â€?

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I

10 I Mississippi Business Journal I October 10, 2014 ECONOMIC DEVELOPMENT

Former BMW warehouse gets new tenant in Calbee SENATOBIA — Snack food manufacturer Calbee North America will set up a factory in a former BMW warehouse in Senatobia.

Officials say the company will invest $51.1 million and will create 254 jobs over the next five years, with 67 to be hired in the first year. Workers will make more than $40,000 a year, on average.

Calbee North America President Gene Jensen said Senatobia complements food manufacturing plants in California and Oregon in a central area in the U.S. “We’ve enjoyed tremendous growth, and this site will address not only our current need but the needed growth for years to come,” Jensen said.

The company will get $350,000 from the Mississippi Development Authority, Senatobia and Tate County to extend a railroad spur onto the property and make other improvements. MDA will give $225,000. Senatobia and Tate County will jointly borrow $100,000 from MDA, which they will contribute and pay back. The city and county will each give another $12,500.

“We love their plans for hiring our citizens and we see potential for their future expansion,” Mike Campbell, president of the Tate County Board of Supervisors, said in a statement.

Calbee North America is a joint venture of Calbee Inc. of Tokyo, Japan and R.D. Offutt of Fargo, North Dakota. The company began selling its Saya and Shrimp Chips brands in the early 1970s. Other Calbee snack food brands include Harvest Snaps, Jagabee and potato chips BMW originally occupied the 200,000-square-foot building constructed in 2000, until it consolidated its distribution facilities elsewhere. The structure was purchased earlier this year by Hollingsworth Cos. of Clinton, Tennessee, an industrial real estate firm that specializes in locating companies in rural areas and small cities in the South. Calbee will buy the building from Hollingsworth.

— from staff and MBJ wire services

AGRICULTURE

Sweet potato producers hope weather is friendly VARDAMAN — A dry September put a damper on Mississippi sweet potato production, but the rain in early October may help the crop remaining in the field.

Stephen Meyers, sweet potato specialist with the Mississippi State University Extension Service, said sweet potato fields received about an inch of rain Oct. 3.

“We’re optimistic that this rain will help size up the storage roots, but because of muddy conditions, producers will probably be out of the field for two days, and then resume harvest,” Meyers said.

Soil conditions when the crop was transplanted in May and June resulted in a mixed bag of yield and quality for Mississippi’s sweet potatoes.

— from staff and MBJ wire services

This row of shops will along Main Street in Bay St. Louis near the beach will soon have a bistro.

GULF COAST

New owners adding bistro to historic Bay St. Louis building BAY ST. LOUIS — The new owners of the brick facade building at 111 Main Street will enhance the retail space on one side, open a coastal bistro on the other and rebrand the new development as The Shops at Magnolia Alley. Also in the plans is construction of exclusive apartments behind the building.

The Parrish family, who took over ownership last week, chose the name in honor of the Magnolia State Lumber Supply business that occupied the building from 1937 to the 1980s. The Phillips family created four retail spaces as part of the building’s post-Katrina makeover in 2008.

The current tenants — Uptown Interiors, Bay Breeze, Biz-Zee Bee and Gourmet Galley — all will remain under the new ownership.

Pass Christian architect Leah Watters is creating the “Alley” of Magnolia Alley on the side of the building where Uptown Interiors is. A new open air entrance off Main Street will lead to two side-by-

side retail spaces running the length of the building, with a secure gated entry leading to the lobby of the planned three-story luxury apartments.

The two retail spots in the middle of the building where Gourmet Galley and Biz-Zee Bee are will be unchanged.

The bistro, named CrabbyChefs, will have 150 seats including a second floor balcony and lounge configured in private vignettes. The kitchen will be led by chef Geo Morse. The bistro will be where Bay Breeze is now. It will be relocating to the Alley.

The new owners plan to build eight luxury rental apartments on the old lumber yard area behind the building. The three-bedroom, two-bath apartments will be designed with corporate clients and well heeled tenants in mind.

The building renovations and apartment project will represent an investment of $3 million in the Bay St Louis community.

The Parrish family said they are mindful of the Magnolia State building’s history, and they have been working closely with the Phillips family during the planning and transfer of ownership.

“We are very thankful to Noel Phillips Fell and her husband, Dennis, for allowing us the opportunity to honor and preserve the historic heritage of a Bay St Louis landmark,” said Jim Parrish.

Dennis and Noel Fell said, “Our hearts are always with Bay St. Louis and the people there who have been so important in our lives. Restoring the old family building after Katrina was important to us.

And we are so glad to see the ongoing development of the historic Main Street District, including Mr Parrish’s plans.”

The Parrish family will manage The Alley in conjunction with Crawford Realty Group.

— Lisa Monti / MBJ

NRF predicts a merrier holiday shopping season for retailers WASHINGTON, D.C. — After a turbulent start to 2014, the National Retail Federation says it expects sales in November and December (excluding autos, gas and restaurant sales) to increase 4.1 percent to $616.9 billion, higher than 2013’s actual 3.1 percent increase during that same time frame.

Holiday sales on average have grown 2.9 percent over the past 10 years, including 2014’s estimates, and are expected to represent approximately 19.2 percent of the retail industry’s annual sales of $3.2 trillion. This would mark the first time since 2011 that holiday sales would increase more than 4 percent.

“Retailers could see a welcome boost in holiday shopping, giving some companies the shot in the arm they need after a volatile first half of the year and an uneventful summer,” said NRF President and CEO Matthew Shay. “While expectations for sales growth are upbeat, it goes without saying there still remains some uneasiness and anxiety among consumers when it comes to their purchase decisions. The lagging economic recovery, though improving, is still top of mind for many Americans.

“Recognizing the need to keep household budgets in line, we expect shoppers will be

extremely price sensitive as they have been for quite some time. Retailers will respond by differentiating themselves and touting price, value and exclusivity.”

While consumer confidence has been unstable much of the year, improvements over the past few months in key economic indicators will give way to increased spending power among holiday shoppers.

Retail sales, jobs and housing data all point to healthy gains.

— from staff and MBJ wire services

October 10, 2014

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Mississippi Business Journal

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ECONOMIC DEVELOPMENT

Dole makes commitment to Gulfport state port GULFPORT — The state Port at Gulfport and Dole Fresh Fruit Co. are finalizing a deal to keep the company at the port for 13 years with renewal options that extend through 2037.

Under the agreement, Dole will relocate their operations to the West Pier, significantly increasing capacity at the port. The state of Mississippi is investing $30 million in the West Pier terminal construction for Dole.

The money is part of $570 million the federal government gave the port for West Pier expansion and restoration post-Hurricane Katrina in exchange for creating 1,300 jobs.

Dole is the port's largest tenant. Chiquita has announced it is moving to New Orleans by the end of the year.

"It's great news for the port; it's great news for the region as a whole," Mississippi Port Authority Executive Director and CEO Jonathan Daniels said Tuesday.

Daniels said the new agreement has Dole relocating to the Chiquita facility and eventually to a new terminal. This move will nearly double Dole's storage space at the port.

"More space, more containers, more cargo moving through. Ultimately that will translate into more longshoremen hours," Daniels said. "That's more full time equivalence in that certainly helps us to meet the job obligation for HUD funding for 1,300 jobs."

LAW

Ex judge pleads guilty to witness tampering, faces 20 years in prison MONTICELLO — A former Mississippi Chancery Court judge pleaded guilty Tuesday to a federal charge of obstruction of justice.

Joe Dale Walker, 61, of Monticello, pleaded in connection to witness tampering alleged in documents filed in U.S. District Court in Jackson, U.S. Attorney Gregory K. Davis and FBI Special Agent in Charge Don Always said in a news release.

Walker was accused of instructing a federal grand jury witness to destroy documents and then lie to FBI agents. Davis has said the alleged tampering covered a period from Aug. 7, 2013, until March 25.

According to the release from Davis’ office, Walker directed an attorney he had appointed for a conservatorship to solicit bids for the construction of a home for the ward. Five bids were obtained, including one from Walker’s nephew, Chad Teater, d/b/a C.T. Construction.

Walker reviewed the bids in his chambers and, upon discovering that Teater’s bid was much lower than the others, he instructed Teater to raise his bid, the release said. Teater subsequently submitted another bid.

Walker transferred the case to another judge for the limited purpose of accepting and approving bids because of his nephew’s involvement. After the contract was awarded to Teater, the case was transferred back to Walker.

Prior to Aug. 7, 2013, a grand jury subpoena was served upon a witness to appear and bring any and all documents relating to the conservatorship.

Walker met with the witness and was informed of the subpoena.

— from staff and MBJ wire services

Daniels said these long term commitments make the future very bright for Mississippi and the port.

Dole's current lease was set to expire in 2017.

Dole currently occupies more than 140,000 square feet of warehouse space as well as 24 acres of open storage and container parking space on the port's east pier. The new terminal on the west pier will encompass almost 40 acres and will also allow them to increase container storage capacity by nearly 50 percent.

The new warehouse complex will increase dry storage capacity, while also including construction of 20,000 square feet of temperature controlled space.

"We have been at the Port of Gulfport for 50 years, and this agreement affirms our continued commitment to the people of Mississippi," Barry Jung, Director of North American Terminal Operations for Dole Fresh Fruit Company said in a statement.

— from staff and MBJ wire services

BANKING AND FINANCE

Hancock Bank celebrates 115th year GULFPORT — At the turn of the 20th century, 19 South Mississippians envisioned a bank committed to helping local people succeed. So, with $10,000 in capital and a business plan built on core values, they opened Hancock Bank.

On Oct. 9, Hancock Bank celebrated 115 years of serving the Coast with festivities in Lighthouse Park at the bank’s downtown Gulfport headquarters.

The bank’s birthday party featured music, food, art, military and local nonprofit groups. According to John Hairston, Hancock’s CEO and COO, the celebration honored the people and traditions that set the Coast apart as a hub of opportunity.

“When the people who depend on us succeed, we succeed. Together, we create stronger, better opportunities for our community,” said Hairston.

At the event, Café Climb, a Coast organization helping people build career paths in the catering, restaurant and food service fields, provided lunch for a “nominal charge.” All lunch proceeds benefitted Café Climb.

Memorial Hospital was at the park for free health screenings, the Humane Society of South Mississippi was on site and Mississippi Power Company distributed free energy-saving light bulbs. The Gulf Coast Art Association also

ECONOMIC DEVELOPMENT

MSWTC names Diez as new executive director JACKSON — Tracy Diez, a member of the Mississippi Business Journal’s 2013 class of 50 Leading Businesswomen, has been named the new executive director for the Mississippi World Trade Center.

Diez succeeds Barbara Travis who retired last month after 13 years as the executive director of the trade group.

The Mississippi World Trade Center is a nonprofit organization that fosters international trade and economic growth in Mississippi and the Mid-South region.

The center was created in 2001.

Diez had worked as MSWTC's marketing and

held a special gallery exhibit in the One Hancock Plaza lobby.

Additionally, the bank presented its Pacesetter campaign results to the United Way of South Mississippi, and local Hancock associates wrapped up a threeweek food drive benefitting Feed My Sheep. Hancock also gave away special prizes during a live radio remote broadcast, including football tickets.

Hancock Bank was founded in Bay St. Louis on Oct. 9, 1899. Today, despite a business footprint spanning a 1,200-mile corridor from Houston, Texas, to Tampa, Florida, the company’s corporate headquarters is still a Coast landmark. Hairston said that for practical reasons, Hancock has regional headquarters in other key markets, but the company’s corporate home remains in South Mississippi.

“Hancock Bank and the Coast have grown up together. It’s been a 115-year friendship based on trust. Whether we’re bracing for economic storms or fullforce hurricanes, celebrating good news or community growth, we do so together. That’s what friends and family do. That’s why our heart is always on the Coast,” Hairston added.

— from staff and MBJ wire services

events coordinator since April 2012.

Diez has 20 years of executive operational management experience in the nonprofit and restaurant industries.

Before joining the MSWTC, Diez served as the co-executive director of the Flowood Chamber of Commerce.

Diez holds a bachelor's degree with an emphasis Business Management from the University of New Orleans and is certified in nonprofit management.

LAFAYETTE COUNTY

Oxford parking meters net $52,000 first month OXFORD — In its first full month of operation, Oxford's new parking meters have collected more

than $52,000 Parking Director Matt Davis says that each of 286 parking meters earned about $7 a day in September. The meters operate from 10 a.m. to 10 p.m. Monday through Saturday.

Davis is asking city aldermen to buy a $15,000 coin-counting machine. He says a bank charges more than $100 a day to count what's typically about $1,000 in coins.

Parking officers wrote 732 tickets in September, with 698 for overtime parking and 34 for improper parking. By Friday, 204 people had paid tickets. Four cars were booted for receiving four or more tickets.

Oxford is still negotiating with Lafayette County to install meters around the courthouse in the square's center.

— from staff and MBJ wire services

AN MBJ FOCUS: SMALL BUSINESS

MISSISSIPPI MAIN STREET

Associati

By LISA MONTI mbj@msbusiness.com

M

ISSISSIPPI M Street Associa economic deve program which downtown his vation, is all ab ing visionary le and assistance to their 51 partici and towns.

“Everything Mississippi Main benefits small business,” said Sta trict manager. Whether it is a d cade program or a market analy “Everything we do is geared tow ing that business community,” sh

October 10, 2014 • MISSISSIPPI BUSINESS JOURNAL • www.msbusiness.com

ociation’s reach goes beyond just downtown

om

ISSISSIPPI MAIN Street Association, the economic development program which is rooted in downtown historic preservation, is all about providing visionary leadership to their 51 participating cities

Mississippi Main Street does business,” said Stacy Pair, disWhether it is a downtown faor a market analysis report, do is geared toward supportss community,” she said.

While Main Street might bring to mind flowers placed around a downtown or popular downtown festivals, “There is a lot going on behind the scenes, economic-development wise,” Pair said. Services offered by the statewide Main Street program are so broad, it’s not easy to boil them down into a quick list.

“That is one of our challenges,” said Pair.

“We touch on architecture and design as well as promotion through events and marketing. It’s hard to tell our story.”

Business owners can benefit from some specialized help that comes through Mississippi Main Street.

“We offer a lot of one-on-one services for business owners,” Pair said. For example, retailers can get coaching from an expert who

looks at the books, the inventory and the setup of a store and gives the owner a confidential analysis. That service has pulled some businesses out of what Pair called “the final downward spiral.”

MMSA also helps to fund economic development charrettes, three- to five-day workshops open to the public that cover marketing, branding, market analysis and other topics. One such three-day workshop was held last month in Cleveland.

Other assistance comes in the way of workshops for groups of business owners who want to learn social media and how to set up a Facebook page.

Main Street also can provide market analysis and leakage reports to show what market can bear. The information can

guide developers and owners why types of businesses to recruit and also the best way to expand their products.

Pair said one such report found that the Philadelphia market could support half a toy store so a local gift shop expanded to include toys.

Pair said the Mississippi Main Street staff works closely with local Main Street coordinators to boost business.

Pascagoula’s Anchor Square business incubator project is an example of a Main Street success. “It’s been hugely successful.

They have spun out four businesses into the downtown,” she said.

See

MAIN STREET, Page 16

14 I Mississippi Business Journal I October 10, 2014

SMALL BUSINESS

Banks may love debit cards more than you » The plastic money is increasingly popular, but retailers say swipe fees are too high

By BECKY GILLETTE mbj@msbusiness.com

Like banks across the country, in today’s digital world, State Bank & Trust in Cleveland is getting fewer requests for checks.

“We don’t order nearly the checks we used to for people,” said Jerry Bullock, president, State Bank & Trust, Cleveland.

“Most would rather use a debit card. Just about everyone uses a debit or credit card.”

Some retailers believe banks charge too

much for debit card transactions, and there is a national lawsuit filed by retailers over the issue. But Bullock points out that it is still a lot cheaper for merchants accepting a debit card with a swipe fee of 21 cents compared to credit cards that charge mer-

chants on average about two percent of the value of the transaction.

J. Craig Shearman, spokesman for National Retail Federation, said those debit and credit card swipe fees that go to banks for processing really add up.

“The retail industry has fought for many years to get Congress to do something,” Shearman said. “They are getting almost a quarter every time someone swipes a debit card, and are making billions. Retailers are being charged $50 billion a year in credit and debit card fees.

Those fees have to get built into the cost of merchandise because the card companies have made it difficult to do any type of cash versus credit card pricing.”

Shearman said while the efforts to address excessive credit card fees haven’t yet been successful, in 2010 the Durban Amendment passed Congress requiring that the Federal Reserve set regulations that would result in a cap on debit card fees that would be “reasonable” and “proportional” to bank’s actual cost of processing the transaction.

“What the Fed came up with is a flat fee of 21 cents per transaction, which took effect at the end of 2011,” Shearman said. “It went from a percentage of the transaction to a swipe fee. Before the average debit swipe fee was 45 cents, so that was an improvement. But it still doesn’t go as far as Congress intended, and it means banks are raking in huge profits that are still driving up costs for consumers. We think the Fed should be required to follow the law and do what Congress told it to, which would save consumers even more money.”

Debit cards alone cost retailers and consumers about $20 billion a year before the cap took effect in 2011. According to the Federal Reserve report that came out last month, fees dropped to $16.3 billion in 2013, showing that the cap has saved money for retailers and their customers, Shearman said.

When the Fed first came up with proposed regulations, it concluded that the actual average cost to banks was four cents per transaction, and recommended that the fee be set between seven to 12 cents, but not higher than 12 cents — which is a three times as much as the transactions cost banks.

“Banks launched an intense lobbying campaign and, at the end, the Fed raised it up to the 21 cent fee currently in effect,” Shearman said. “The cap the Fed set was far higher than what Congress intended. So in November 2011, we filed a lawsuit against the Federal Reserve See

CARDS, Page 16

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SMALL BUSINESS

16 I Mississippi Business Journal I October 10, 2014

CARDS

Courtesy of Mississippi Development Authority

Mississippi Main Street helps fund three- to five-day economic development workshops that are open to the public that cover marketing, branding, market analysis and other topics. A three-day workshop was held last month in Cleveland.

MAIN STREET

Continued from Page 13

MMSA is a coordinating program of the National Main Street Center, which is a subsidiary of the National Trust for Historic Preservation. Funding is provided by the Mississippi Development Authority, which Pair calls “our strongest partner,” as well as corporate sponsors and grants. “We also have partnerships with economic Mark Loughman development associations and the participating cities,” Pair said. “We are always working on creating new

partnerships but funding is only one of the reasons.”

Mississippi Power’s Mark Loughman is president of Mississippi Main Street’s board of directors. He is the Gulfport-based utility’s director of Environmental Affairs and got involved in Gulfport’s Main Street program when it was formed after Hurricane Katrina.

“From the company’s perspective, having a healthy downtown and vibrant historic district is critical,” he said. Communities with thriving downtowns can draw the kind of labor force that makes them successful in the long run.

“That educated, talented workforce wants a downtown setting. They like the coffee shops and the entertainment and culture. From that perspective, we need a vibrant downtown,” Loughman said.

GOOD NEWS IS WORTH REPEATING!

Continued from Page 14

that said the cap too was too high, and asked the Fed to go back and reconsider.”

The lawsuit filed by the National Retail Federation and other retail groups won a victory in 2013 when the District Court in Washington ordered the Fed to go back and consider the cap.

The Fed appealed, and won in the U.S. Circuit Court in the spring of this year. In August, retailers filed an appeal with the U.S. Supreme Court. Shearman said they should know before the end of the year if the Supreme Court will hear the appeal.

While 21 cents per transaction doesn’t sound like much, Shearman said this is one of the top issues for their members.

“It is a huge amount of money, and swipe fees are one of the largest costs retailers pay beyond salaries and health insurance,” he said. “So we have been working on this for years.”

There are a few businesses in Mississippi that are cash only.

But most businesses have no choice but to accept debit and

credit cards “Debit cards are increasingly popular,” Shearman said. “The trend has been to plastic, especially among younger people.

The banking card industry has done a very good job of trying to convince people that plastic is the same as money. It is not. A Visa dollar is not worth a dollar to the merchant. It is worth 96 to 98 cents.”

Shearman said there is also a separate class action lawsuit regarding fees for credit cards. The $7.3 billion settlement has been challenged by the National Retail Federation and big retailers like Target, Macy’s and J.C. Penney.

“That settlement is something that was not agreed to by the retail industry, but by a half a dozen small companies,” Shearman said.

Ron Aldridge, state director for the National Federation of Independent Business in Mississippi, said swipe fees are a significant cost for small businesses.

“They can’t afford to reduce what little margin of profit they get even farther,” Aldridge said.

“People should realize that paying cash is a great way to help the small businesses that you support.”

http://www.msbusiness.com

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18 I Mississippi Business Journal I October 10, 2014

EMPLOYMENT AGENCIES

October 10 2014

JUDGEMENT

Continued from Page 1

oper Don Hewitt’s First Amendment rights when it yanked back its approval of a $5 million bond issue Hewitt needed for the purchase of downtown’s Deposit Guaranty building for a residential conversion. Hewitt’s lawyers from Watson & Norris of Jackson convinced the jury that Johnson persuaded the JRA to withhold the bond money in retaliation for comments Hewitt had made about the City’s 2011 bidding process for a convention center hotel. Hewitt, principal of Jackson-based Advanced Technology Building Solutions, had also questioned the fees proposed to be paid to political affiliates and consultants close to Johnson.

Hewitt made his criticisms at public sessions of the JRA board and in interviews published by the Mississippi Business Journal.

The JRA claimed that it had merely decided to postpone funding the Deposit Guaranty purchase after Johnson voiced concern about the City’s ability to continue loaning funds for acquisition of properties.

Hewitt said the delay of over three years caused his firm to lose the option on the building.

The verdict came from a jury of the U.S. District Court for the Southern District of Mississippi Northern Division. Circuit District Judge Louis Guirola Jr. presided.

City Attorney Monica Joiner would not say whether an appeal is planned. But in a written statement last week, she said the City believes the allegation are “unfounded” and that it is not without recourse.

She noted the seven-member jury for the four-day trial lacked any Jackson residents.

“Though the City is certainly disappointed in the verdict, we are prepared to exercise other legal remedies,” she said. “We are confident in our position that the allegations set forth are unfounded based on evidence presented. The City will continue pressing forward on behalf of its citizens to let all know that Jackson is open for business.”

The issue arose after Advanced Technology Building Solutions sought JRA bond financing to acquire the Deposit Guaranty Building (now the Regions Building) on Capitol Street for conversion to apartments.

In addition to the City, the suit named the Jackson Redevelopment Authority and several members of its board as well as Johnson.

In addition to the a First Amendment retaliation claim, the claims by Hewitt originally included: a Fourteenth Amendment substantive due process claim, a Fourteenth Amendment equal protection claim based on political affiliation, a Fourteenth Amendment equal protection claim based on race, and a conspiracy claim pursuant.

The Advanced Technology Building Solutions principal also asserted state law tort claims for gross negligence and tortious breach of contract against the JRA, and a tortious interference with contract claim against the City.

I

Mississippi Business Journal

I

19

DEVELOPER WHO WON SUIT WANTS COOPERATION — NOT RESISTANCE — FROM JACKSON AND THE JRA

By TED CARTER ted.carter@msbusiness.com

with the JRA before Johnson stepped in and stopped it.

He said Advanced Building Technology Solutions made the only response to a JRA proposal for development on about three acres at State and Pearl streets.

With his lawsuit against the City of Jackson behind him, developer Don He proposed market-rate apartments with ground-floor retail.

Hewitt says he will pursue new local development opportunities, including Johnson, according to an affidavit from Advanced Building Technology building a convention center hotel.

Solutions general counsel Herb Irvin, entered the picture. Irvin said at an Aug. 1, His big hope, he said, is that the new leadership at City 2010, meeting with then-JRA Director Jason Brookens, Hewitt and several City Hall and on the JRA governing board will bring a less Hall department heads, Johnson vowed that “for the next two years and nine combative atmosphere that allows him and other local months or as long as I am mayor, this project is not going to happen.” developers to be seen as potential partners rather than Irvin's affidavit states that Johnson told the gathering that he did not want adversaries. people driving into Jackson and seeing “underwear and clothing” on clothes “There are a group of local developers who all have an lines and “on balconies in this building.” interest in making things happen in the city of Jackson,” he Brookens then stated the JRA would reject the proposal and issue a new said. “It makes sense to sit down with them rather than request for proposals for a class A office building. shooting them in the foot. Let's sit down and see what we The JRA is now leasing the corner lot for surface parking. Hewitt said he can make happen.”

Hewitt hopes the JRA at some point will do a new RFP for the property.

For now, Hewitt and his Advanced Technology Building Meanwhile, Hewitt said beyond the convention center hotel, Jackson has Solutions partners “are very interested” in taking on a developer or development strong potential for development, especially throughout its medical corridor partnership role in a convention center hotel project, he said. “I have a number along State Street and Woodrow Wilson. of partners who are ready to invest money in Jackson.”

“Ideally, that's where the City needs to be focused right now. I would love to But, he added, “They see that if I can't get anything done, why should they be part of the medical corridor,” said Hewitt, a 1993 Tougaloo College graduate put their money in Jackson. Unfortunately, unless they [City Hall and the JRA] who founded a company in 2004 to help developers find capital and started his wake up and realize what they are doing, nothing is going to happen in Jackson. own development company in 2010.

“Every time we get started on something, we meet with resistance from the Hewitt's investment company, Commercial Finance of America, won a U.S. JRA,” he added.

Treasury Department designation in June 2013 as a Community Development Hewitt's criticisms of a 2011 bidding process for the convention center hotel Entity. The designation allows the company to apply for New Market Tax led to strife with former Mayor Harvey Johnson and the loss of a $5 million Credits, a valuable incentive tool for funding development projects.

Jackson Redevelopment Authority loan to buy downtown's Deposit Guaranty Hewitt said he has not noticed any momentum by City Hall to get projects building and convert it to mixed use. He responded with a federal lawsuit going along the medical corridor, even with new state incentives that give charging the mayor and JRA violated his free speech rights. developers state and local tax breaks.

The result: A $600,000 jury award.

“We should be putting our heads together and saying, '“Where do we start.'”

The Guaranty Deposit deal was not the only one Hewitt said he nearly closed

“There are a group of local developers who all have an interest in making things happen in the city of Jackson. It makes sense to sit down with them rather than shooting them in the foot. Let's sit down and see what we can make happen.”

— Don Hewitt

Judge Guirola, in ruling on the validity of the claims on July 30, threw out all but the one addressing free speech and retaliation.

Hewitt sought a $5 million loan for purchase of the Deposit Guaranty building at 200 East Capitol Street. After his firm lost the JRA funding, Hewitt said in an interview with the Mississippi Business Journal he suspected retaliation for his negative comments as the cause, but said he could not put his finger on exactly why the funding loss occurred just as he was securing the money and initiating the project.

In letting the jury hear the free speech claim, the court ruled that statements “related to the bidding process for a $90 mil-

lion government project easily [satisfy]” the public concern requirement.” The $90 million reference was to the cost of building the convention center hotel.

Further, the delays of over three years by the JRA at Johnson’s urging constituted “an adverse employment action,” the court said.

The court noted Hewitt produced evidence and testimony indicating that the position of the JRA and the City on the Deposit Guaranty project may have changed within one to two months after Hewitt criticized the City’s handling of the convention center hotel proposals. “As a result, a genuine issue of material fact exists regarding whether a causal connection ex-

ists between Hewitt’s speech and the adverse action.

“Furthermore, the defendants have not demonstrated that they would have made the same decision in the absence of Hewitt’s speech. The defendants claim in argument that they did not know about Hewitt’s criticisms, but they have not produced any affidavits or deposition testimony supporting this argument.”

The jury agreed, finding the City committed “an adverse action” by delaying the funding. Jurors concluded the City would not have delayed funding “but for the plaintiff’s’ speech.”

NEWSMAKERS

20 I Mississippi Business Journal I October 10, 2014

Lewis, Outlaw get new roles Charlie H. Lewis has been named community bank president for Trustmark Bankâ&#x20AC;&#x2122;s Hattiesburg market. Lewis has more than 21 years of experience in the financial industry and has served as community bank president in Trustmarkâ&#x20AC;&#x2122;s McComb market for the past 11 years. Lewis earned a bachelor of business administration degree in finance from the University of Southern Mississippi. He is also a graduate of Lewis the Mississippi School of Banking and the Graduate School of Banking at Louisiana State University. In 2007, Lewis was named Top 40 Under 40 by the Mississippi Business Journal.

Lewis has served as a board member of the Economic Development District and in various leadership roles with the McComb Rotary Club. He is a past Outlaw president for Southwest Mississippi United Way, Pike County Chamber of Commerce, Pike County Arts Council and North Pike Band Boosters. Lewis has volunteered as a coach for both baseball and basketball community leagues.

Also, James M. (Jim) Outlaw Jr. has accepted the new role of executive vice president and chief administration officer for Trustmark at the companyâ&#x20AC;&#x2122;s headquarters in Jackson. During his nearly 40-year career in banking, Outlaw has been involved in implementing new bank technologies to improve efficiencies and customer service. He joined Trustmark in 1996, and in 1999, he was named executive vice president and chief information officer for the company.

Trustmark entered the Houston, Texas, market in 2004, and Outlaw was part of the project team that integrated the first acquisition into the organization.

He assumed responsibility as president and COO of Texas in 2006.

Trace recognizes workers The Natchez Trace Parkway recognized the contributions of long-time seasonal employees to the operation of the Parkway. Seasonal employees join the National Park Serviceâ&#x20AC;&#x2122;s workforce during the busiest time of the year to augment the efforts of permanent employees. Award-winning seasonal employees include: Thomas Miller (six seasons); Christopher

Ellington (six seasons); Johnny Fowler (six seasons); James Gloss (six seasons); Amy Williams (six seasons); Emile Davie (eight seasons); Willard Chism (eight seasons); Frank Cooks (nine seasons); Ronald Gray (nine seasons); Tommy Parkerson (nine seasons); Charlie Robinson (nine seasons); Charles Bean (10 seasons); Cornelius Tenner (10 seasons); Commie Carlton (11 seasons); Michael Perkin (11 seasons); Harold Wyatt (12 seasons); Jimmy Johnston (13 seasons); and Cleophus Southward (15 seasons).

Haigler now COO at CMMC Tonda V. Haigler is the new COO at Central Mississippi Medical Center. Haigler comes to CMMC from Carolinas Hospital System in Florence, South Carolina, where she served as COO, interim CEO and assistant CEO, respectively. Prior roles include assistant CEO and administrative specialist at North Okaloosa Medical Center in Crestview, Florida; administrative resident at Piedmont Healthcare in AlHaigler tanta; community and corporate wellness educator for Singing River Hospital in Gautier and roles of increasing responsibility for Saint Thomas Health Services in Nashville.

Haigler holds her MBA from Mississippi State University and both her masterâ&#x20AC;&#x2122;s degree in public health and administration and bachelorâ&#x20AC;&#x2122;s of science degree from the University of Southern Mississippi. A fellow in the American College of Healthcare Executives, Haigler has previously served with Rotary, the March of Dimes executive committee, United Way board of directors and the Chamber of Commerce.

TEC welcomes McClellan TEC has appointed Randy McClellan as an account executive in the Sales Department at TEC of Jackson Inc. McClellan received a bachelor of business administration from University of Mississippi and a masters of religious education from Southwestern Baptist Theological Seminary. He brings with him several years of experience in the telecommunications industry.

McClellan currently resides in McClellan Brandon with his family.

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Carter practicing on Coast Dr. Thad Carter, urologist, is now seeing Memorial Physician Clinics patients in Bay St. Louis. Carter is a board certified physician in urology. He attended medical school at Louisiana State University School of Medicine and completed his internship and residency at Charity Hospital of Louisiana in New Orleans.

Carter was appointed to Memorial medical staff in September 1980 and served as medical chief Carter of staff from 2010- 2012. Carter has been practicing in Gulfport for over 30 years.

Waters dies at 82 Dr. Rudolph E. Waters Sr., interim president (1994-1995) at Alcorn State University, died Sept. 14 at River Region Health Systems in Vicksburg at the age of 82 after an extended illness. Waters served Alcorn for more than 48 years. He joined the administration in September 1957 as the dean of students, and he held numerous positions such as dean of instruction, coordinator of Title III Programs, vice presi- Waters dent and executive vice president. In 1964, he was a participant in the Institute for Academic Deans at Harvard University.

Watersâ&#x20AC;&#x2122; whole life centered on education, service and leadership development. Even after retirement, he continued to be of service to the university as an executive vice president emeritus and as a member of the ASU Foundation Inc. board of directors.

A native of Brookhaven, Waters earned a B.S.C. degree from DePaul University in Chicago, his Ed.M. degree from Boston University and a Ph.D. from Kansas State University. He also studied at Southern Illinois University.

Thompson named CFO Bill Thompson, CPA, has joined Baptist Health Systems as chief financial officer. His career spans almost 30 years with experience in health care management and finance. Thompson comes to Baptist from the University of Mississippi Medical Center where he served as the health systemâ&#x20AC;&#x2122;s CFO. He also held positions as UMMC Health Systemâ&#x20AC;&#x2122;s director of finance and chief accounting officer.

Thompson A Canton, Thompson holds a bachelor of professional accountancy degree from Mississippi State University and is a certified public accountant. He is a member of the Healthcare Financial Management Association, Mississippi Society of Certified Public Accountants and American Institute of Certified Public Accountants.

Leadership class selected The Leadership Madison County board of trustees and the Madison County Chamber of Commerce has unveiled the 25th class of Leadership Madison County (LMC). The class includes: Connie Siggers-Parker, Comcast Cable; Patty Oates, Tulane University;

Amanda Bodin, Lightheart Sanders CPA; Gwendolyne Ballard, C Spire; Kiffany Lee, Mississippi Blood Services; Laura Vandevender, Atmos Energy; Aaron Lacey, BankPlus; Jodi Maughon, Madison County Chamber of Commerce; Allan Cole, TownePlace Suites by Marriot; Michele McCain, Adams and Reese, LLP; Austin Brown, Madison Central High School; Marc Hearst, Renasant Bank; Gregory Pogue, Metropolitan Bank; Jonathan Adcock, Haddox Reid Eubank Betts, PLLC; Chris Graves, Madison County Schools; Gray Marchetti, Madison County Foundation; Chris Roberts, BankPlus; Pamela Hancock, Hancock Law Firm; Standford Beasley, Canton Housing Authority; and Matt Iburg, Neel-Schaffer Inc.

Butler Snow welcomes Hill Joshua A. Hill has joined Butler Snowâ&#x20AC;&#x2122;s Oxford office. Hill is a member of the firmâ&#x20AC;&#x2122;s Pharmaceutical, Medical Device and Healthcare Practice Group, and will focus his practice on pharmaceutical and medical device defense matters. Hill has served as a judge advocate in the United State Marine Corps since 2010.

After completing his undergraduate education in political science at Missouri State University, he completed Officer Candidateâ&#x20AC;&#x2122;s School and was commissioned as a second lieutenant. He went on to earn his juris doctor from the University of Mississippi School of Law. Hill completed the basic school in 2010 and finished Naval justice school in Newport, Rhode Island. Hill began his judge advocate career as a trial counsel and chief trial counsel where he practiced as a military criminal prosecutor on 30 general and special courts-martial, including cases involving violations of military orders, theft, drug abuse, obstruction of justice and sexual assault. He then served as deputy staff judge advocate where he advised commanding officers on a wide variety of legal, ethical, and military justice issues. Hill most recently served as defense counsel where he represented service members accused of crimes in general and special courts-martial and administrative separations.

Hill was promoted to the rank of captain in 2010. His personal awards include the Navy and Marine Corps Commendation Medal and the Navy and Marine Corps Achievement Medal.

Hill has been admitted to practice in Mississippi, both the U.S. District Courts in the Southern and Northern Districts of Mississippi, and the U.S. Court of Appeals for the Fifth Circuit.

Bentley appointed to board Jackson attorney Michael J. Bentley, a senior associate in Bradley Arant Boult Cummings, LLPâ&#x20AC;&#x2122;s Appellate Litigation Practice Group, has been appointed to the board of governors of the Fifth Federal Circuit Bar Association. Bentley has litigated appeals of all types in state and federal court and has served as appellate counsel at trial for significant litigation matters.

He also currently serves as chair of the Mississippi Bar Associationâ&#x20AC;&#x2122;s Appellate Practice Section. In addition, Bentley previously served as the president of the Jackson Young Lawyers Association, as a director for the Mississippi Young Lawyers Division and as a volunteer pro bono attorney for clients referred by the Mississippi Center for Justice and Southern Poverty Law Center.

Bentley received his J.D. (summa cum laude) from Mississippi College School of Law and also has a B.A. (magna cum laude) from Millsaps College.

For announcements in Newsmakers; Contact: Wally Northway (601) 364-1016 â&#x20AC;˘ wally.northway@msbusiness.com

October 10 2014

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» MISSISSIPPI LEADERS by Martin Willoughby

Wrestling success DiBiase Jr. leaves ring to become entrepreneur

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s regular readers of this column know, I enjoy finding outstanding leaders on the rise in Mississippi and sharing their stories. This week I was able to catch up with Ted DiBiase Jr., who is fast becoming one of Mississippi’s entrepreneurial success stories.

If his name is familiar to you, it is likely that you know from his days as a professional wrestler with the WWE or you remember his father, Ted DiBiase Sr., a/k/a “The Million Dollar Man.” Despite having a celebrity father and getting to hang out with people like Hulk Hogan and Andre the Giant, Ted had a fairly normal childhood growing up in Clinton and being active in several sports and student government. Ted reflected on the consistent message he heard from his father growing up. "Son, I came from a small town with one traffic light, and the only one who ever believed in me, my father, died when I was 15. No one believed I would ever leave that town. If you want something bad enough, you'll do whatever it takes to get it.

It won't be easy, and it will seem very lonely.

Whatever you do, don't follow the crowd.

Blaze your own trail and be a leader."

Ted has heeded his father advice. After graduating from Mississippi College with a

Up Close With ... Ted DiBiase Jr. Title: Co-founder, Dofflin Strategies Favorite Books: Greater by Steven Furtick First Job: “I worked construction when I was growing up”.

Proudest Moment as a Leader: ”When I was able to walk away from the dream job (WWE) I had sacrificed so much for, so that I could be home with my son.”

Hobbies/Interests: Hunting, fishing and golf

degree in business, he decided to follow in his father’s footsteps to become a professional wrestler. Just because he had the last name DiBiase did not mean he had a free pass to stardom. He had to work for it. He moved to Eldon, Missouri, and began his training to pursue his dream. Ted shared, “I worked four jobs while training to become a professional wrestler. I would wake up at 4 a.m. to go cut 18 fairways on a golf course then go stock produce at HiVee grocery

store. On the weekends, I folded underwear and T-shirts at a Polo store at the outlet mall, and I would sweep and mop a gym floor for a free membership. I did this while training 4-5 days a week learning how to wrestle in hopes that I would one day work for the WWE.” The hard work and dedication paid off. He worked his way up to becoming a WWE superstar and traveled the world before retiring in 2013.

Ted credits his success to faith, focus,

“I worked four jobs while training to become a professional wrestler.”

Ted DiBiase Jr. Ex-professional wrestler and entrepreneur

commitment and sacrifice. He shared, “Without these, I never would have overcome the sleep deprivation, the depression of being away from friends and family or the fear of fail- Martin Willoughby ure.” Despite retiring from the ring, Ted has not slowed down. In fact, he is in high gear as a serial entrepreneur. He is the cofounder of GiveChat, a tech start-up which is an online platform that raises money for charity by leveraging celebrity's social media platforms and fan bases to award fans with VIP experiences, and part owner of CollegeGarageSale.com. Ted is also the cofounder of Dofflin Strategies, a strategic planning and development firm dedicated to producing results through business development. Dofflin has quickly taken off and his company is working with clients from around the country. Ted has a “pay it forward” mentality and regularly speaks to large audiences on the topics of leadership and teamwork.

Ted is one of those rare individuals who dreams big dreams but has the drive and focus to turn those dreams into reality. As leadership guru John Maxwell said, "The dream is free; the journey is not." Ted will certainly be a leader to watch in the years to come as he channels his talents and energy into building great businesses and serving others.

Martin Willoughby is a business consultant and regular contributing columnist for the Mississippi Business Journal. He serves as Chief Operating Officer of Butler Snow Advisory Services, LLC and can be reached at martin.willoughby@ butlersnow.com.

Reading life leads to writing life for Conroy

I » My Reading Life

By Pat Conroy Published by Nan A. Talese/Doubleday

$25.00 hardback

t's always interesting to learn what writers read and what books have influenced them the most.

It's impossible to be a writer and not read. In Pat Conroy's case he started reading voraciously at a young age. We all read for a variety of reasons. For this outstanding American writer there were multiple reasons to lose himself in books.

All of Conroy's fans probably know he grew up as a military brat, one of seven children, son of a Marine Corps pilot whose hobby and solace was to beat his wife and children until they cried "uncle." But in abusive families, there are always some wives or kids who won't give in. They'd rather die, literally. Pat Conroy hated his dad and let it show and got the most beatings. His book, The Great Santini, is a thinly disguised account of life with his father.

For Conroy reading was an escape, a portal to the world and

the deepest chambers of the human heart. His beloved mother led Conroy's reading life in the beginning but other mentors came along to nurture and encourage his reading life.

The book is not written chronologically but is divided into chapters about the influences that shaped his reading life. For instance, there's a chapter on Gone With The Wind, a great fa-

“I became a novelist because of Gone With The Wind...”

Pat Conroy

vorite of Conroy's mother. “I owe a personal debt to this novel that I find almost beyond reckoning,” he writes. “I became a novelist because of Gone With The Wind, or more precisely, my mother raised me up to be a ‘Southern’ novelist, with a strong emphasis on the word ‘Southern,’ because Gone With The Wind set my mother's imagination ablaze when she was a young girl in Atlanta.”

There are also chapters devoted to his favorite high school teacher, a librarian, an Atlanta book store, a book rep, his first writers' conference, Thomas Wolfe, Leo Tolstoy, James Dickey and more. Conroy's reading interests range widely, from Milton to Tolkien, Philip Roth to Thucydides, encompassing poetry, philosophy and any mesmerizing tale of the South. The essays are beautifully written with Conroy's love of the English language front and center. For those of us who share that love, it's encouraging and a breeze to read.

— Lynn Lofton, mbj@msbusiness.com

22 I Mississippi Business Journal I October 10 2014 THE SPIN CYCLE

Understanding and working with five types of PR peeps n the interest of facilitating a better representation of what PR peeps should – and should not – be, PR Newser and mediabistro.com recently identified personality types of public relations practitioners. Here are the Top 5 types – and best practices – in working with us spin docs to build your brand.

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1. The Misplaced. Ever worked with someone who just doesn’t get it?

Whether “it” is pitching, follow-up, account management, writing coherent sentences – it just isn’t there in these cases. The most relevant questions regarding The Misplaced: how did they get into this industry? And why do they insist on making my job more difficult?

• Attitude: Friendly, to a fault. Makes a good personality seem like a cover-up for bad work.

• Turn-ons: Mentorship and learning by example. Why? It’s like they’re back in class.

• Turn-offs: The question, “Are you a selfstarter?” That would be “no.”

• The tell sign: The pairing of a pitch list and a phone inspires profuse jitters and sweat.

• Teamwork: They want to help, and try hard to do so, but usually get caught up in keeping up.

2. The Brown-noser. Go to lunch and you know where this one will sit. You also know who will be first to talk at every staff meeting and who will be the first to offer up the idea that you mentioned two hours ago in the corner office. For some reason, those who conform to this archetype tend to last they last much longer than they should in PR. Don’t fret, though: the boss’s behind gets kissed because this type can’t get it done with the media.

• Attitude: Overly kind when the boss is around. Aloof – door closed – when he or she is not.

• Turn-ons: The staff meeting where the boss is doling out compliments.

• Turn-offs: The staff meeting where the boss is doling out compliments – for everyone but the brown-noser.

• The tell sign: When a team brainstorm becomes a pep-rally, and this one is the head cheerleader.

• Teamwork: This one wants all the credit, so don’t count on “teamwork is dreamwork.”

3. The Word Nerd. You can always identify a word nerd in his/her natural habitat with the red Sharpie on standby (or the virtual Sharpie). While others are reading theories

by Bernays and Ivy Lee and scouring the news via Twitter, this grammarian stays loyal to a worn-out version of the AP Stylebook.

Word Nerds are great people to proof your

The Misplaced The Closer

The Word Nerd

The Contact Hoarder The Brown-noser

work in a pinch – but don’t be surprised if they come up with urgently needed edits that you forgot three months ago.

• Attitude: Sometimes reserved but usually happy to help. Lightens up when AP comes out with new edits.

• Turn-ons: A news release with more red marks than a college English teacher.

• Turn-offs: Any work done by that one really great writer on the team. No serious proofreading needed, frowny face.

• The tell sign: Drool – namely when an account executive asks for some additional eyes on their client document.

• Teamwork: Always happy to help. (It’s cathartic. Let them have it.)

4. The Contact Hoarder. Count on your office friendship with this one being challenged the second you ask for an introduction to a certain local anchor, producer, or editor. The contact hoarder will put the nix on that. This one lives in a world of paranoia driven by the belief that if you both pitch the same contact, said media person will start befriending you and forget the one that brought you to the party. Sure,

media lists are open to everyone, but contacts are like fire hydrants in this one’s case.

• Attitude: This is your office buddy – except when it comes time to offer a helping hand with someone they know.

• Turn-ons: When someone answers a pitch, it’s a kind of euphoria.

• Turn-offs: When someone else in the office gets an answer to a pitch from a contact this one covets. Daggers!

• The tell sign: You ask for an eIntroduction for a media type and this one stumbles with “I know this person. Maybe I should pitch for you?”

• Teamwork: Don’t count on it.

5. The Closer. It’s easy to be envious of this one because they rock at pitching. From schmaltzy e-mails or skillfully crafted narratives, this one gets it done. The practice seems like a mathematical equation you can’t decipher, because when you pitch the same contacts you get a goose egg while this one makes it seem like calling a BFF. Fortunately, the closer is quietly confident (most of the time), so you can count on a quick tutorial when you need one.

• Attitude: Happy to help but doesn’t mind showing off the skills when the team needs a hit.

• Turn-ons: Getting that one hard media nut to crack on a phone.

•Turn-offs: When the superpowers are ineffective. It’s like sucking a kryptonite lollipop.

• The tell sign: Someone in the team meeting cries out, “Man, we need a media hit” and this one breaks out in hives.

• Teamwork: Count on it.

itself, just the movie title.

Twitter made the decision after researching how people are talking about movies with the social platform.

The ads will be tarTodd Smith geted toward engagement for specific movie names, movie genres and with movies in general. Twitter says it will begin beta testing within the next few months. It already has a similar system in place for TV fans.

In addition, Twitter has added Fizziology and Networked Insights as new certified partners. Both are offering solutions that serve the media and entertainment verticals.

Golden Mic | Tennessee Titans Domestic Abuse Efforts They might not show up on the field – at least they haven’t so far this NFL season – but the Tennessee Titans show up in the community, and are making a big difference with a vitriolic issue that has given the NFL a black eye, domestic abuse. The Titans helped kick off domestic violence awareness month by donating $100,000 each to the YWCA of Nashville and Middle Tennessee and the Tennessee Coalition to End Domestic and Sexual Violence. Titans president and chief executive officer Tommy Smith and his wife, Susie, presented the checks at a recent luncheon at LP Field. The Titans are also planning a domestic violence awareness event during their Oct. 12 game with Jacksonville. Nashville Mayor Karl What do we think? Which of the five do Dean said he would like the Titans to join you know best? the city's partnership working to stop domestic violence because the team's involveTwitter To Launch Targeted Ads For Movies ment could be the tipping point in those Twitter is getting into the movie business, efforts. For these efforts, the Titans are takaccording to The Hollywood Reporter. ing a big step towards ending domestic vioTwitter is poised lence, and grab this week’s Golden Mic. Let’s to begin beta testall hope they can make an impact on the ing on targeted ads field – and soon. for users who are Each week, The Spin Cycle will bestow a passionate about Golden Mic Award to the person, group or movies, according company in the court of public opinion that to The Hollywood best exemplifies the tenets of solid PR, marReporter.

And keting and advertising – and those who Twitter is touting it don’t. Stay tuned – and step-up to the mic! as another great movie experience for stu- And remember … Amplify Your Brand! dios.

Here's how it would work: If a studio had Todd Smith is president and chief coma sci-fi epic coming out, it could tell Twitter munications officer of Deane, Smith & Partto show its ads to people who have been ners, a full-service branding, PR, marketing and chatting about Galaxy. Twitter will then dis- advertising firm with offices in Jackson. The firm — play the ads to people who are not only talk- based in Nashville, Tenn. — is also affiliated with ing about Guardians — but also to those Mad Genius. Contact him at todd@deanesmithpartwho have engaged about related key words, ners.com, and follow him @spinsurgeon. such as characters Groot and Rocket. The studio wouldn't have to specify those words

SALES MOVES

October 10, 2014

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» JEFFREY GITOMER

To ensure promptness. An old and new tradition.

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ver leave a tip?

Sure you have. And most of the time, the amount of the tip is based on the perceived service or quality. Sometimes it’s a combination of qualities: food plus server’s performance.

But these days, tipping has changed. Everyone seems to have his or her hand out, asking – no, begging – for more money. If you go into a Starbucks, there’s the familiar plastic bin by the cash register that’s always filled to some varying degree with change and a few bucks. Sometimes it’s a jar.

Sometimes it’s a fish bowl, but it’s ever present where you see a counter and some servers.

What these people are really saying is, “My company doesn’t pay me enough, so I need to beg you for more.”

Now I know this seems a bit harsh. But the bottom line is, the company that employs them is making huge profits while their front-line people are predominantly the lowest paid people.

Seems backwards.

People on the front lines are always the lowest paid. I wish I understood it, but I don’t. No, I’m not a socialist, but I am a pragmatist.

That’s one way of looking at tipping. Let’s take a look at another way. Suppose everybody NOT on the front lines of service, who still serve customers face-to-face or on the phone, had to EARN tips.

Ever go to an airport? If you’re like me, and you check a bag (or two), you go to a skycap or stand in line inside the airport. Skycaps work for tips. Ticket counter people don’t.

I tip skycaps liberally. The skycaps at the airport in Charlotte, North Carolina, my home airport, are the best in the United States. They’re friendly. They’re helpful. And they don’t have a jar out. They do the same excellent job whether they’re tipped or not.

Ticket counter people are inconsistent. Sometimes they’re great. Sometimes they’re rude and less than helpful.

Suppose everybody in the airport had to work for tips.

Ever been in an airport and had a rude person at

a ticket counter? At a gate? As a flight attendant? In baggage claim?

Can you imagine if those people HAD to work for tips? At the end of a work day, rude people would go home with no money and be griping to their significant other about what lousy tippers there are at the airport. Never for one second thinking that maybe their lousy service, and poor attitude contributed to their negligible income.

But wait! There’s more! Think of all the other rude people in the world. What about the administrative people in a doctor’s office? Would you tip them?

What about gatekeepers when you’re making a cold call? Would you tip them? What about sales clerks who ignore you when you’re shopping? Would you tip them?

At the root of a tip is friendliness, helpfulness and service. But there’s a secret. In order to perform this, you have to have the desire to serve.

REQUEST FOR PROPOSALS PBV-09252014 - Section 8 Project-Based Vouchers

The Mississippi Regional Housing Authority, No. VI (MRHA VI) announces the availability of 20 Section 8 Project-Based Vouchers (PBVs) for the City of Tchula (Holmes County), Mississippi for existing multi-family housing only.

RFP packages may be requested by e-mailing: kpace@mrha6.org. Requests should include contact information, including a valid return e-mail address. The RFP package is in digital format (Microsoft Word Document), which is fillable.

The deadline for all completed RFPs is October 31, 2014 at 4:00 p.m. (CT). Neither facsimiles nor e-mails will be accepted. Respondents shall return one original and three hard copies by the deadline. Completed RFPs should be mailed or delivered to: Mississippi Regional Housing Authority, No. VI, 2180 Terry Rd., Jackson, MS 39204.

No RFPs will be accepted after the deadline.

MRHA VI reserves the right to cancel or re-issue this RFP; to modify the selection criteria or the number of PBV vouchers available for award; and to request amendments to qualifications after the expiration deadlines. MRHA VI also reserves the right to waive any informalities or minor irregularities if it serves its best interest to do so.

Mississippi Regional Housing Authority, VI Dr. Hickman M. Johnson, PHM Executive Director

You have to display the pride that goes along with giving great service.

No great server is ever going to say, “I’m doing the best I can,” or “they don’t pay me enough to do that.”

The point here is that servJeffrey Gitomer ice has nothing to do with companies. Service has everything to do with people who work at the companies.

The doorman is friendly because he works on tips. The bellman is friendly because he works on tips. So, why doesn’t the front desk clerk work on tips?

It’s interesting to note that many bellman work at hotels for years, while front desk clerks turn over in their position sometimes as much as 400 percent

in a year.

Tips on tipping: (And getting tipped, even if it’s not in the form of money) 1. Start with a smile.

2, Engage in a friendly manner.

3. Offer to help others sincerely — and without expectation.

4. Tell them how nice it was to serve them.

4.5 Thank them for being your customer.

If you feel like giving someone a tip (even though they don’t accept them) you know you’ve gotten good service.

Tips don’t always have to be money. For example, I often give a signed copy of my book to people I feel went above and beyond their duty. For you, if you haven’t written your book yet, it might be dried flowers from your garden, something that you made, or a keepsake that cost a buck or two. You can find tons of them at little gift stores. A small gift is most often better than a monetary tip because it’s from the heart.

But the best tip you can give to others is a kind word of thanks, and a compliment like, “WOW, you really did a great job” or “I really appreciate your great service.” People love hearing compliments from customers, because they rarely, if ever, hear them from their boss.

One last tip: Rate yourself after every transaction with a customer. Did you serve well enough to get tipped? IDEA: Perform all interactions with customers as though your income depended on it.

Jeffrey Gitomer is the author of “The Sales Bible”, “Customer Satisfaction is Worthless” “Customer Loyalty is Priceless”, “The Little Red Book of Selling”, “The Little Red Book of Sales Answers”, “The Little Black Book of Connections”, “The Little Gold Book of YES! Attitude”, “The Little Green Book of Getting Your Way”, “The Little Platinum Book of ChaChing”, “The Little Teal Book of Trust”, “The Little Book of Leadership”, and “Social BOOM!” His website, www.gitomer.com, will lead you to more information about training and seminars, or email him personally at salesman@gitomer.com.

REQUEST FOR QUALIFICATION (RFQ) FOR DEVELOPMENT SERVICES Mississippi Regional Housing Authority, No. VI (MRHA VI) hereby requests proposals from qualified entities to partner with the Authority to construct new and/or rehabilitate existing housing, using a variety of funding sources and financial arrangements, to expand the supply of affordable housing. The affordable housing project(s) may leverage low income housing tax credits (LIHTC), housing choice vouchers, public housing funds, Federal Home Loan Bank affordable housing, USDA and HOME Funds.

Requests for Qualifications (RFQs) may be obtained from: Mrs. Katina Pace, Deputy Executive Director Mississippi Regional Housing Authority VI 2180 Terry Road, Jackson, MS 39204 Phone: (601) 714-3960 E-mail: kpace@mrha6.org Proposals must be submitted to MRHA VI at the above address, no later than, October 31, 2014 at 4:00 p.m. (CT).