DESOTO COUNTY BOARD OF SUPERVISORS BOARD MEETING MINUTES BILL RUSSELL, PRESIDENT 2007 PRESIDING July 3, 2007 A. CALL TO ORDER The July 3, 2007, meeting of the DeSoto County Board of Supervisors was called to order by Supervisor Bill Russell, Board President. Chief Deputy Charlie Brown of the DeSoto County Sheriff’s Department was present and did open the DeSoto County Board of Supervisors meeting in a regular session to hear any and all business to come before the Board. The following were present: Supervisor Jessie Medlin----------------------District 1 Supervisor Eugene C. Thach-----------------District 2 Supervisor Bill Russell------------------------District 3 Supervisor Allen Latimer---------------------District 4 Supervisor Tommy Lewis--------------------District 5 W. E. Sluggo Davis---------------------------Chancery Clerk Michael Garriga-------------------------------County Administrator Jody Neyman----------------------------------Board Attorney Chief Deputy Charlie Brown----------------Sheriff’s Department B. INVOCATION Supervisor Eugene Thach presented the invocation. C. PLEDGE OF ALLEGIANCE D. PLANNING COMMISSION The minutes for the portion of the meeting organized by the Planning Commission are presented and made a part of these minutes as Exhibit D. See Exhibit D E. OLD BUSINESS F. NEW BUSINESS 1. Distribution of Fire Funds a. Tax Distribution b. Insurance Distribution Comptroller Tom Arnold presented the recommendation for the distribution of ad valorem taxation and insurance rebate funding to Volunteer Fire Departments for approval. At the recommendation of the Comptroller, Supervisor Jessie Medlin made the motion and Supervisor Eugene Thach seconded the motion to approve the distribution of fire funds as follows: _______ W.M.R. 1 07/03/07 ORDER APPROVING EXPENDITURE TO FIRE DEPARTMENTS OF FUNDS ALLOCATED IN THE FY07 DESOTO COUNTY BUDGET WHEREAS, DeSoto County, Mississippi, has nine (9) Volunteer Rural Fire Departments in the unincorporated areas eligible to participate in the $446,471.09 in Volunteer Fire Department Funds budgeted by DeSoto County, Mississippi, in the FY2007 budget for rural fire departments under the authority of Sections 19-5-95 and 83-1-39 Mississippi Code of 1972 as amended. WHEREAS, the annual allocation available for division among the eligible fire departments of the County is: $471,357.09 Funds Available for Distribution - 24,886.00 Less Net Budgeted Expenses 446,471.09 Total Tax Receipts Available for Distribution WHEREAS, the following volunteer fire departments, to-wit: Alphaba, Cockrum, Ingram’s Mill Volunteer Fire Department, Bridgetown Volunteer Fire Department; Lewisburg Volunteer Fire Department; Eudora Volunteer Fire Department; Fairhaven Volunteer Fire Department; Love Station Volunteer Fire Department; Nesbit Volunteer Fire Department; Summershill Volunteer Fire Department; and Walls Volunteer Fire Department are eligible to participate in the funds and have presented their proposals and Rural Fire Protection Agreements as required by the law. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF SUPERVISORS OF DESOTO COUNTY, MISSISSIPPI, AS FOLLOWS: Section 1. That the above said Proposals and Rural Fire Protection Agreements were previously approved by the Board and are on file. Section 2. That available funds for county volunteer fire departments under the provisions Sections 19-5-95 and 83-1-39, Mississippi Code of 1972 for the year 2007 will be divided on the following basis and formula: a. All nine (9) volunteer fire departments shall share equally in 60% of all available funds. b. All nine (9) volunteer fire departments shall share according to their percentage of the population serviced by said fire departments in 40% of all the remaining available funds. _______ W.M.R. 2 07/03/07 Section 3. That based on the preceding formula heretofore adopted by the Board of Supervisors for the division of funds among the various volunteer fire departments, the following allocations of the funds are to be made to the following fire departments: Fire Departments Alphaba, Cockrum, Ingram’s Mill Bridgetown Eudora Fairhaven Lewisburg Love Nesbit Summershill Walls TOTAL FY07 Budget Allocation Funds $ 40,128.87 48,635.33 49,196.83 45,612.68 47,003.31 45,917.04 45,701.89 42,663.49 81,611.65 $ 446,471.09 Any fire house or permanent building constructed by any of these funds must be on county owned property. None of the funds shall be used to purchase land. Section 4. All departments receiving these funds shall refer to Sections 19-5-95 and Sections 83-1-39, Mississippi Code of 1972, as amended regarding appropriate use of these funds. Furthermore, each department shall account for these funds separately from all other allocations and available funds. State purchase procedures as detailed in the appropriate sections of the Mississippi Code of 1972, as amended, shall be followed. All departments receiving these funds are subject to audit by the Mississippi Department of Audit, and that each department receiving these funds is directly accountable to the Mississippi State Auditor. And to approve: ORDER APPROVING PROPOSALS OF COUNTY VOLUNTEER FIRE DEPARTMENTS AND EXPENDITURE OF RURAL FIRE PROTECTION FUNDS TO THE COUNTY AND PROVIDING FOR EXPENDING FUNDS AND FORWARDING THE PROPOSALS (JULY 2007) WHEREAS, DeSoto County, Mississippi, has nine (9) Volunteer Rural Fire Departments in the unincorporated areas eligible to participate in the Volunteer Fire Department Funds allocated to DeSoto County, Mississippi, by the Mississippi State Insurance Department in accordance to Section 83-1-9, Mississippi Code of 1972 as amended. WHEREAS, the funds available for division among the eligible fire departments of the County are as follows: _______ W.M.R. 3 07/03/07 $175,574.30 - Mississippi State Insurance Department Allocation WHEREAS, the following volunteer fire departments, to-wit: Bridgetown Volunteer Fire Department; Lewisburg Volunteer Fire Department; Alphaba, Cockrum, Ingram’s Mill Volunteer Fire Department; Eudora Volunteer Fire Department; Fairhaven Volunteer Fire Department; Love Station Volunteer Fire Department; Nesbit Volunteer Fire Department; Summershill Volunteer Fire Department; and Walls Volunteer Fire Department are eligible to participate in the funds and have presented their Proposals and Rural Fire Protection Agreements as required by law. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF SUPERVISORS OF DESOTO COUNTY, MISSISSIPPI, AS FOLLOWS: Section 1. That the above said Agreements were approved by the Board and are on file. Section 2. That available funds for county volunteer fire departments under the provisions of Section 83-1-39, Mississippi Code of 1972 as amended for the year 2007 will be divided on the following basis and formula: a. All nine (9) volunteer fire departments shall share equally in 60% of all available funds. b. All nine (9) volunteer fire departments shall share according to their percentage of the population serviced by said fire departments in 40% of all the remaining available funds. Section 3. That based on the preceding formula heretofore adopted by the Board of Supervisors for the division of funds among the various volunteer fire departments, the following allocations of the funds are to be made to the following fire departments: Fire Departments Alphaba, Cockrum, Ingram’s Mill Bridgetown Eudora Fairhaven Lewisburg Love Nesbit Summershill Walls TOTAL _______ W.M.R. Insurance Funds $ 15,780.63 19,125.79 19,346.60 17,937.14 18,484.00 19,056.83 17,972.22 16,777.37 32,093.72 $ 175,574.30 4 07/03/07 That the budgets submitted by the respective Fire Departments exceed the final allocation listed above, but all of the budgets are approved, subject to final approval of the State Fire Fighters School with the limitation that the amount to be spent by each department shall not exceed the amount of money first listed above in this section. Any fire house or permanent building constructed by any of these funds must be on county owned property. None of the funds shall be used to purchase land. Section 4. All departments receiving these funds shall refer to Section 83-1-9, Mississippi Code of 1972, as amended, regarding appropriate use of these funds. Furthermore, all departments receiving funds should be aware of State Purchasing procedures and the recommendation of the State Fire Coordinator regarding purchase procedures using these funds. The motion passed by a unanimous vote. See Exhibit F.1.a.b 2. District 4 Park Fund – “Horn Lake Autumn in the Park Festival” This item was held over till a later date. 3. Jail Inspection The Board does hereby find that, pursuant to Section 19-5-1 of the Mississippi Code Annotated, periodic examinations into the state and condition of the DeSoto County Jail, in regards to its safety, sufficiency and accommodation of the prisoners is required. Pursuant to Section 19-5-1, the Board of Supervisors, or a competent person authorized by the Board of Supervisors, shall examine the jail for said compliance. The DeSoto County Board of Supervisors has a policy of attempting to inspect the DeSoto County Jail on a monthly basis, and a requirement that the DeSoto County Jail be inspected as often as is mandated by Mississippi statute, State and/or Federal law. By direction of the DeSoto County Board of Supervisors, the following persons were directed pursuant to Section 19-5-1 to perform the required examination into the state and condition of the jail and to report back to the DeSoto County Board of Supervisors: Supervisor Allen Latimer County Administrator Michael Garriga The DeSoto County Board of Supervisors does hereby find that the above named committee has reported back to the DeSoto County Board of Supervisors. They have examined the DeSoto County Jail regarding its state and condition in regard to its safety, sufficiency and accommodation of the prisoners, and do find the jail to be in compliance and requiring no further action at this time. Supervisor Allen Latimer made the motion and Supervisor Jessie Medlin seconded the motion to approve the observed condition of the jail and to state there was no overcrowding of the Jail, and do find the Jail to be in compliance and requiring no further action at this time. The motion passed by a unanimous vote. 4. Election Commission _______ W.M.R. 5 07/03/07 Election Commissioner Danny Klein appeared before the Board of Supervisors on behalf of the Desoto County Election Commissioners. He said that Senate Bill 2831, Section 5, allows for a pay increase for poll workers. Mississippi Code Section 23-15-227 was modified to state that the managers and clerks (for elections) shall be entitled to $75 for each election…however,…the Board of Supervisors may, in its discretion, pay the managers and clerks an additional amount not to exceed $50 per election. The manager or other person who shall carry to the place of voting, away from the courthouse, the official ballots, ballot boxes, poll books and other necessities, shall be allowed $10 for each voting precinct for so doing. The manager or other person who acts as returning officer shall be allowed $10 for each voting precinct for that service. The compensation authorized in this section shall be allowed by the Board of Supervisors, and shall be payable out of the county treasury. The compensation provided in this section shall constitute payment in full for the services rendered by the persons named for any election, whether there be one election or issue voted upon, or more than one election or issue voted upon at the same time. Mr. Klein said that under the old law $75 was the maximum a poll worker could be paid but now that is the minimum. Mr. Klein said he would like to recommend $100 for each poll worker and $125 for each receiving manager of elections. Mr. Klein said he thinks we can put this in place after the new budget is in effect; therefore, it would go into effect in November. Mr. Klein said the Election Commissioners will start training next week and we would like to let the poll workers know what the compensation will be in the coming elections. Supervisor Russell asked if this includes training for the poll workers. Supervisor Eugene Thach said the poll workers are not paid for training. Mr. Klein said they can be paid for training. He said he thinks it can be $10. Supervisor Bill Russell asked what we are talking about for the poll workers on election day. He said it was his understanding the poll workers would be paid $100 and receiving managers would be paid $125 according to the recommendation of the Election Commissioner for poll workers on election days. Mr. Klein said that is right. Supervisor Tommy Lewis asked how many poll workers are we talking about. Mr. Klein said there are 38 precincts with six poll workers per precinct in the Primary for a total of 228 poll workers. Supervisor Jessie Medlin asked how the Election Commission determines the number of workers to have. Mr. Klein said the law designates the number of workers to have. Supervisor Jessie Medlin made the motion and Supervisor Eugene Thach seconded the motion to approve the recommendation of the Election Commissioners and to add the money to fund the pay increase for poll workers for the FY 08 budget. The motion passed by a unanimous vote. See Exhibit F.4 G. EXECUTIVE SESSION The executive session portion of these minutes is recorded under the portion of the minutes called "Executive Session". H. OTHER 1. Metro Narcotics County Administrator Michael Garriga presented a letter he drafted to the Governor for the Board of Supervisors’ inspection and approval regarding the Metro Narcotics grant. Supervisor Eugene Thach said he thinks the letter should be sent from the Board of Supervisors. _______ W.M.R. 6 07/03/07 Supervisor Bill Russell suggested changing the letter to request the meeting directly with the Governor. Supervisor Tommy Lewis suggested inviting the Senators to the meeting and acknowledging that Senator Davis was instrumental in getting a portion of the grant funding last year. The Board asked the County Administrator to revise the letter and get the signature of the Board President. No motions were made nor votes taken on this issue. Supervisor Eugene Thach made the motion and Supervisor Bill Russell seconded the motion to recess the meeting until July 16, 2007 at 9:00 a.m. The motion passed by a unanimous vote. THIS is the 3rd day of July 2007, these minutes have been read and approved by the DeSoto County Board of Supervisors. _________________________________ Bill Russell, President DeSoto County Board of Supervisors _______ W.M.R. 7 07/03/07