DESOTO COUNTY BOARD OF SUPERVISORS BOARD MEETING MINUTES BILL RUSSELL, PRESIDENT 2007 PRESIDING June 4, 2007 A. CALL TO ORDER The June 4, 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 Tony Nowak--------------------------------Board Attorney Chief Deputy Charlie Brown-------------Sheriff’s Department B. INVOCATION Supervisor Allen Latimer presented the invocation. C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MAY MINUTES The official minutes of the Board of Supervisors were read for the month of May 2007, pursuant to Section 19-3-27 of the Mississippi Code of 1972, Annotated. Supervisor Allen Latimer made the motion and Supervisor Eugene Thach seconded the motion to approve the minutes of the Board of Supervisors, with clarifications made by the Supervisors for the month of May 2007. The motion passed by a unanimous vote. E. CONSENT AGENDA Supervisor Tommy Lewis made the motion and Supervisor Eugene Thach seconded the motion to approve the Consent Agenda items as follows: 1. Accounting a. Ratification of Monthly Health Claims Funding Request Date Paid Amount Claim Type $68,340.12 Admin Fees Date 5/1/07 _______ W.M.R. 5/1/07 1 06/04/07 4/30/07 5/1/07 $78,146.38 Medical 4/30/07 5/1/07 $2,366.00 Dental 5/7/07 5/7/07 $74,049.79 Medical 5/7/07 5/7/07 $5,289.60 Dental 5/14/07 5/14/07 $46,520.56 Medical 5/14/07 5/14/07 $4,009.25 Dental 5/22/07 5/22/07 $61,349.36 Medical 5/22/07 5/22/07 $4,685.75 Dental 5/22/07 5/22/07 $32,650.09 Pharmacy 5/29/07 5/30/07 $63,770.06 Medical 5/29/07 5/30/07 $5,195.50 Dental TOTAL $446,372.46 May Book Balance $3,532,141.05 April Book Balance $3,569,844.77 March Book Balance February Book Balance $3,556,393.22 $3,511,348.71 b. Ratification of Bond Payments Mississippi Development Bank Promissory Notes Hancock Bank Ck# 027567 issued 5-24-2007 Total $79,466.71 $18,000,000 MS Development Bank Special Obligation Bonds Trustmark Bank Ck# 027570 issued 5-31-07 Total $ 51,114.84 c. Request to Approve Interfund Loan From: To: General County Fund EMA Grants Fund $25,000.00 (001-000-054) $25,000.00 (044-000-149) d. Refund of Bond for Justice Court - $800.00 2. Justice Court Report 2006-2007 Semi-Annual Report MONTH COLLECTED COUNTY MONEY OCTOBER 2006 NOVEMBER 2006 DECEMBER 2006 JANUARY 2007 FEBRUARY 2007 MARCH 2007 $112,473.66 $ 88,824.35 $ 94,623.01 $102,801.27 $115,007.61 $106,468.49 $73,115.10 $57,591.35 $62,555.52 $69,053.79 $73,225.11 $67,264.99 TOTALS $620.198.39 $402,805.86 CRIMINAL CASES FILED: CIVIL CASES FILES: May, 2007 Criminal Cases Filed Civil Cases Filed Traffic Tickets Filed Total Cases Filed _______ W.M.R. 4,666 2.016 50 411 723 1,184 State Assessments County General Fund Total Collections 2 $ 47,345.00 $ 82,391.24 $129,736.24 06/04/07 3. Approval of Bailiff Pay Liz Medlin - $120.00 Joe Holmes - $120.00 Lee Hodge - $80.00 Chris Sing - $80.00 4. Circuit Court Allowance (2) – April, 2007 - $1,500.00 - Vacation Days Allowances April, 2007 - $6,100.00 – Order of Allowances to the County Court Clerk 5. Publication of Board Proceedings 6. DHS/Economic Assistance and Child Support Divisions – Approval for Jeanie Weathers and Kennette Hill to Sign Purchase Requisitions and Approval for Rhonda Newell to Sign Receiving Reports 7. Sheriff’s Report 8. Inventory Dispositions a. Preliminary – Animal Shelter Asset # 36732 35481 Serial # 13980384LL 13544981HL Description Wood Chest Freezer Wood Chest Freezer Reason for Disposal Broken/unfixable Broken/unfixable Location at Preliminary Animal Services Animal Services b. Final (1.) IT Department Asset # 31270 31497 6115 6110 30425 5082 8322 6107 6194 32051 30796 30797 33138 30477 30243 6150 33417 30714 30715 30472 37019 Serial # CN14T6C0G8 50808661 013884 013874 40u0059552 115B708 40u116763 013871 210203 94317166JK F02497665 F02497664 MY358B11SC SG93V13166 HP 4OU00054125 4161088292 NB15H9NW813321 0018223465 SSG9AE1311Z SG99413OGJ N/A Description HP Printer Ibicio Calculator DDC Terminal DDC Terminal Epson Printer Lexmark Printer Epson printer DDC Terminal DDC Terminal Clone PC Tripplite UPS Tripplite UPS HP Fax Printer Deskjet Printer Epson Printer Epson Printer Samsung Monitor Gateway Computer HP Printer HP Printer Ext Hard Drive Reason for Disposal Broken Broken Obsolete Obsolete Broken Broken Broken Obsolete Obsolete Broken Broken Broken Broken Broken Broken Broken Broken Broken/Parts Broken Broken Broken Disposed of By KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE KE Location at Final 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor 5R Processor (2.) Justice Court Asset # 30990 Serial # CN0721R16F Reason for Description Disposal HP Deskjet Printer Broken The motion passed by a unanimous vote. Disposed Location at of By Final KE 5R Processor See Exhibit E F. OLD BUSINESS G. NEW BUSINESS 1. Board of Education – Request to Amend Development Approval Process _______ W.M.R. 3 06/04/07 Superintendent of the Board of Education Milton Kuykendall addressed the Board of Supervisors and said that past growth patterns indicated that DeSoto County Schools were gaining around 1,000 students per year. Now the school system gains 1,500 to 2,000 students per year. He said the school system issued a bond issue to move the students from trailers into class rooms. Superintendent Kuykendall said when Lake Cormorant School is completed there will be a total of ten schools that were built since he took office. He said the school system expects to gain approximately 2,000 students this year. Superintendent Kuykendall said that the school system is looking at funding projects and not going to the taxpayers for money. He said a law was passed in 2005 that allows developers to be a part of school construction. He said the Board of Education has sent a letter explaining the opportunity to the Board of Supervisors (See Exhibit G.1) as well as every jurisdiction in DeSoto County. Superintendent Kuykendall introduced Jim Young of Jackson and Young. Mr. Young was attending the Board Meeting to explain what the Board of Education wants to do in the DeSoto County School District. Jim Young said they worked with the Legislature to pass the School Property Development Act of 2005. He said this Act allows the DeSoto County School District to enter into an agreement with a developer. Mr. Young said the law is intentionally long and vague. He said every situation is different and this authority could be utilized in different ways. Mr. Young said that his firm has worked with other school districts to expand the benefits that would be available under this Act. He said a developer could agree to place an assessment on the purchase of every sale in a development. He said if a developer agrees to put an assessment on the property, that money could be used to fund building costs or operations. He said another arrangement would be for the developer to build or finance a school and lease the property back to the School District. Mr. Young said his firm is currently working with the Stone County School District. He said they are working on a project where the developer would build the school or have the school build and lease the school back to the School District. He said the lease would go outside the debt limit of the School District. He said the developer would lease the building and the school would begin to make payments after the development is built out. He said the assessment could be pledged to buildings or used for operations. Supervisor Eugene Thach asked if that is a deal with one developer. Mr. Young said Stone County is dealing with one developer but the legislation is broad enough to allow almost anything. Supervisor Bill Russell clarified that this is only to make money for the school growth responsibilities. He asked about other county growth. Mr. Young said that is right. He said the idea is that the lease is limited to 20 years. If the taxes increase enough in 20 years to pay the lease then the note would be paid in full. He said if they do not increase the tax rate fast enough, the debt would not be paid in full before the lease expires. Supervisor Jessie Medlin asked about the size of the development in Stone County. Mr. Young said 7,500 lots. He said the developer had applied for a PIF. He said financing could be done in many different ways. Supervisor Medlin asked what would happen if the debt limit was reached. Mr. Young said someone else would be issuing the debt and not the School District so this would not fall under the debt limit of the District. Supervisor Tommy Lewis asked what is the benefit to the developer. Mr. Young said one developer came to the School District because he needs good schools to make the development a success. He said this does not have to be a special assessment but it could be and those are not the only possibilities. _______ W.M.R. 4 06/04/07 Supervisor Bill Russell said that Riverbend has approved the same thing. Mr. Young said that under the code it is discretionary. He said it can be difficult when you don’t have a developer approaching a School District. He said developers benefit from the School District but do not pay the cost incurred by the School District caused by the development. He said they are trying to find a way to encourage developers to discuss this issue with the School Districts. Mr. Young said they discussed the bill to require developers to meet with the School Districts to discuss an agreement. He said they would like to introduce that bill next year but they would like to talk to the Board of Supervisors about working together before any such legislation comes around. Supervisor Bill Russell said he is glad to see two of the School Board Members at the meeting today. Supervisor Russell expressed the Board’s appreciation of the School District. He said he knows it is expensive to operate the schools. He said the county is currently working on a formal development agreement that will cover different requirements for the developments. Supervisor Russell suggested that Jim McDougal and other county delegates meet with the School Board to work this into the development agreement the county is working on. Supervisor Bill Russell made the motion and Supervisor Eugene Thach seconded the motion to authorize Jim McDougal to meet with the Board of Education to determine a standard for developments to meet this guideline by size or whatever other factors may be appropriate to consider with the intention of adding this to the county’s new development agreement. The motion passed by a unanimous vote. Supervisor Tommy Lewis asked, if we take a section of land for a special assessment and the School District boundaries change, how would this affect the special assessment. Mr. Young said that the special assessment does not guarantee that the children whose parents are paying the assessment will attend that school. He said if people pay the special assessment, it looks like the children will attend that school but could end up going to a different school. He said that Stone County did a feasibility study on that point. He said the people may not have children in that school, but the need for the school is due to the increase in people in that School District. He said the development fee is to fund a shortfall and not to create a windfall. Supervisor Tommy Lewis said another way to get more money into the School District is to fix the problem of people moving into a new home and living there one year and only paying lot tax. He said changing that would be large increase in the taxes received by the School Board. Mr. Young said that this is a great place to work through those issues. Supervisor Eugene Thach said we used to have a special tax for the schools and that was declared to be illegal. He said the School Board never came back to change that law. He said this option is voluntary. Supervisor Thach said that the Board of Supervisors does not experience the developers voluntarily paying extra money. Supervisor Bill Russell asked if the School District is meeting with the cities. Superintendent Kuykendall said they met with the Council of Governments in November. He said the School District has ten schools that are in operation and were not here four years ago. Supervisor Jessie Medlin asked if the School District is far enough along to know what the threshold is to make this feasible. Mr. Young said, no they are not that far along. Supervisor Allen Latimer said, since he is employed by the School District can he vote. The Board Attorney Tony Nowak said yes. Supervisor Bill Russell said he would like to have Jim McDougal come up with a preliminary objective to present to the Council of Governments. He said this could be difficult for a developer. See Exhibit G.1 _______ W.M.R. 5 06/04/07 2. Accounting - Claims Docket In accordance with Section 19-13-31 and Section 19-11-23 of the Mississippi Code annotated, Supervisor Tommy Lewis made the motion and Supervisor Allen Latimer seconded the motion to authorize the Chancery Clerk to pay the bills as presented by the Comptroller. Supervisor Jessie Medlin questioned the aviation rent. Comptroller Tom Arnold said this rent is on a portable building that is used by aviation. Supervisor Jessie Medlin questioned a cell phone bill for $291.00 and asked if that amount is for one month. Stephanie Hanks said that is for one month but $114.00 of the amount is for equipment. The Board questioned the amount of that bill and Vanessa Lynchard said the user of the cell phone asked to stay with Cingular rather than going to Cellular South because the area of coverage appears to meet his needs better. The motion passed by a vote as follows: Supervisor Jessie Medlin-------------------NO Supervisor Eugene C. Thach---------------YES Supervisor Bill Russell----------------------YES Supervisor Allen Latimer-------------------YES Supervisor Tommy Lewis-------------------YES Exhibit G.2 3. Grants a. Approval to Apply for: (1.) Metro Narcotics Grant (2.) Youth Court Victim Assistance Grant Supervisor Eugene Thach made the motion and Supervisor Tommy Lewis seconded the motion to approve applying for the Metro Narcotics Grant and the Youth Court Victim Assistance Grant. The motion passed by a unanimous vote. See Exhibit 3.a.b (3.) Hazard Mitigation Grant Grants Administrator Joyce Herring and Tim Curtis, Deputy Director of Emergency Management Services, said the state is offering grants for storm shelters, sirens and generators. They requested approval to apply for those grants. They explained that the county has to work with the cities so that services are not duplicated. Supervisor Bill Russell asked if this grant allows buying radios instead of sirens. Mr. Curtis said no. Supervisor Medlin asked how much money we are talking about for sirens throughout the county. Mr. Curtis said the state has $433 million dollars to be distributed throughout the state and these grants are competitive. Mr. Curtis said we are asking for enough to finish out the municipalities and the unincorporated areas of the counties with sirens. Ms. Herring said there was a lot of talk about community shelters at the meeting that introduced these grants. She said there was some interest in doing some community shelters throughout the county at the ball fields. She said the grant _______ W.M.R. 6 06/04/07 organizers are also pushing trailer generators. Ms. Herring said they also discussed pre-wiring the sites. Supervisor Eugene Thach asked if anyone was ever approved for an industrial storm shelter. Mr. Curtis said yes, that ten to twelve have been built throughout the county. Supervisor Jessie Medlin made the motion and Supervisor Eugene Thach seconded the motion to apply for the Hazard Mitigation Grant. The motion passed by a unanimous vote. See Exhibit 3.a.(3.) b. EMA – Approval of Maintenance Contract with ESRI and Approval for Board President to Sign At the recommendation of the Grants Administrator Joyce Herring and Deputy Director of EMS Tim Curtis, Supervisor Jessie Medlin made the motion and Supervisor Allen Latimer seconded the motion to approve a maintenance agreement with ESRI that will be reimbursed by a Homeland Security Grant in the amount of $2,437.26 and to authorize the Board President to sign the agreement. The motion passed by a unanimous vote. See Exhibit G.3.a 4. Chancery Court Clerk a. Approval to Refund Taxes Sold in Error Chancery Clerk Sluggo Davis said there is a homestead application in his office that was never placed on the homestead roll and he is asking to put it in on the roll and refund the taxes that were sold in error. At the recommendation of the Chancery Clerk, Supervisor Jessie Medlin made the motion and Supervisor Allen Latimer seconded the motion to refund Double C Farms the amount of money they paid at the tax sale in August, 2005 for taxes on parcel number 2081 0202 0 00066.00 in the amount $673.67, and to refund Barber Wilhelmina the amount paid at the 2005 tax sale for the same parcel in the amount of $673.67. The motion passed by a unanimous vote. See Exhibit G.4.a b. Chancery Clerk Allowance On this date, the County Administrator, Michael Garriga, presented on behalf of the Chancery Court Clerk, W. E. Davis, an order of Allowances to the Board of Supervisors for the May 2007 court term in the amount of $1,500.00. Supervisor Tommy Lewis made the motion and Supervisor Jessie Medlin seconded the motion to approve these payments, pursuant to Section 25-7-9 of the Mississippi Code of 1972, Annotated. The motion passed by a unanimous vote. c. Authorize board President to Sign Order Disallowing Homestead Exemptions d. Authorize Board President to Sign Order Accepting Homestead Exemptions Supervisor Tommy Lewis made the motion and Supervisor Jessie Medlin seconded the motion to authorize the Board President to sign the order objecting to disallowances of homestead exemptions recommended by the Mississippi State Tax Commission as follows: ORDER OBJECTING DISALLOWANCES BY MISSISSIPPI STATE TAX COMMISSION Parcel 2083060500055500 1084200200000300 3094190500029600 3094190500029500 1086140300007900 _______ W.M.R. Name Parcel Armstrong, Brenda W. 3076230000000600 Battle, Gilbert 1087260700000600 Briggman, Lawrence 3086230100000800 1097250900007800 Camp, Ricky 1088340100029500 7 Name Massey, Anthony C. Moore, Lori D. O’Neal, Jerry K. Peaks, Maylon Ray Phillips, Bobby Neal, Jr. 06/04/07 1075221200015600 1079301100005200 2081120200004300 2081020700001700 2062100300000300 1074190500077900 1088330200115300 2082040600000100 1088282100003100 Chase, Cedric E. Collins, Barbara L. Dejohnette, Richard Emery, Michael C. Flagg, David Gullick, Herbert H. Hawkins, Andrew Jr. Herring, Max C. Johnson, Charlotte 1085220400142000 1087260700003300 1068341110014700 2077260000000602 2072040600002900 2083060400058000 1065222200001900 1088330200153600 1077351900007100 Pippin, Vincent J. Quick, Ralph A. Ramos, Francisco Stafford, Daniel W. Tiedemann, Robert F. Velazquez, Omar Welting, Tiffany Webster, Jack W., Jr. Williams, Marshall The order also approves authorizing the Board President to sign the order accepting disallowances of homestead exemptions as recommended by the Mississippi State Tax Commission as follows: ORDER ACCEPTING DISALLOWANCES ON HOMESTEADS BY MISSISSIPPI STATE TAX COMMISSION Parcel 1059320800034500 1065222300012900 1088281200011500 2083060300018900 1088270400243500 1088270900001400 3067350000000101 1079300200157400 1088330100067000 1059300500005000 1065221700037900 3092040000001305 3094200100005700 2053060000005000 1068340020008800 1097250100038100 1068270130001900 1079310300014300 1067351400004500 1068270100000200 2072030300010800 2076230100012500 2083060100006700 3073071700016000 3064180000000800 1089310100005200 2062030700009800 3099300000002900 1089321700007100 2081010800028000 1097350400000300 2078270100000300 1079310300011500 1086231400213300 3086130110001500 1088330200121500 2079290000005200 2061110100016600 1079310300014300 2081010300032400 1089320800008100 1088331000002800 3074185130004600 1086231000071800 1088330200114300 1088280400004700 1088340100001100 3063080000003301 1089320900010000 1079290700001200 1059300500004600 _______ W.M.R. Name Abney, Michael Adkins, Bobby Joe Adkison, Dale R. Akridge, Stephanie Allen, Shannon M. Russel Andress, Carl J. Anglin, Jerry Wayne Astedt, Steven Balderas, Lazaro Bannister, William H. Barnes, Sandra L. Barnett, Allen W. Baube, James F. Beasley, Robert W. . Beene, Scott Bell, Mark A. Bell, Stewart Burroughs, Bonnie S. Bergeron, Michael . Blackburn, Barry C. Blankenship, Jeffrey H. Boland, Hubert S., III Booth, Robert E., Jr Borne, Michael S Bowen, William Clay Brady, Charles Britt, Theresa W. Brittenum, Earven K. Brown, Jason Brown, A Nicole Harris Brown, Finely Gilder Brown, Wilma Lea Brunner, Brenda Buchanan, Joel W Buechele, Linda Zeman Burchfield, Debra G Burkley, Lee Andrew Burnett, Patrick Burroughs, Bonnie S. Butler, William H Caldwell, Kevin P. Carey, Shawn L. Carmon, Danny Chapell, Shannon S. Churchwell, Sharon M Clackum, Patricia Clark, Edwin L., II Cole, Keith B. Craft, Michael J. Craig, Dorthy Ann Crowden, Shane 8 06/04/07 3078280200002300 1067353000012900 1069290500007400 1086230400007900 3067350400007400 1084170200000400 1069290600025300 1078270000001401 3069310000001100 2061110400000300 1086140300004500 2062031700008800 2065210400000300 1086140400026700 1074200800042100 1067261600007900 1059320700029700 1067262300010700 1079300200162500 1089300200017800 1079290500002600 1087260100302200 2076230400064600 2053080100012000 1085220600168300 1088330200158100 1086232000007500 1065221700037100 1088271500024400 1097251700008300 1087350400003700 1085220400147300 1089320800007700 2061010000003200 2076230100009000 2054200000000805 1078280500007400 3072040100003200 2062030800004100 1065220000000602 1088282100031300 2079290000002300 3093070400027200 3073080500000500 1088220300224900 1064170200004600 2083060500058300 1068340510003500 1088330500223300 4073050100000100 2063080200000500 1068340810007800 2072090100001800 1088330200122500 1074190300023400 2081011400051600 1088330200114700 2081010300027400 1069310700005100 3052090000000301 2089300000002206 1088340100006600 2078280000001704 1067351500033300 2081120200006600 1088281500020700 3086132720000300 2082031900019700 1065222200011100 1079310300005800 3067350200000300 1084170400010600 _______ W.M.R. Crowell, Billy Joe Curle, William E. Delashimit, Rickey Dempsey, Larry Durham, Kristy L. Early, Mary Beth Easterwood, Brenda C. Edwards, Lucius Edwards, Melvin Ellis, Charles R. Ellis, Donald L., Jr. Elsden, R. Peter Farris, Danny J. Fischer, James A. Fisher, Michelle R. Flatley, Christopher Flowers, Debra K. Fortune, Christian D. Frye, Michael K. Gardner, Robert Authur Gary, Amanda E. Gibson, Robert Gilmore, Steven D. Gonzales, Miguel A. Guthrie, Robert Hall, Holly N. Hall, Rodney Lawell Hammons, Kevin S. Hankins, Larry W. Hawks, Howard T. Hess, Elizabeth O. Hicks, Bobby J., Jr. Hicks, Diane L. Hoing, Mark H. Hollowell, Teresa S. Hopkins, Bruce M. Huff, Jack A. Hull, James H., III Hutchins, Andrew T. Hutchison, Carol Jackson, David W. Jackson, Harold James, Jeffrey Scott Johnson, Roger A. Johnson, Russell G. Johnson, Vikki N. Jones, Kenneth R. Jones, Matthew F. Jones, Sterling Jones, Willie L. Joyner, Kathleen Justice, Matthew A. Kennedy, Michael G. Kimble, Gregory Allan Kinard, Karen K. King, Amanda D. King, Donna Kirk, Greg L. Kohlof, Rick A. Laughter, Ramona G. Lawrence, James Lawson, L.P. Lee, Eric W. Lee, Melvin Leffler, Ludlam Angela R. Lemly, Barbara J. Leslie, Mary Jo M. Lipsmeyer, Timmothy Long, Sherry L. Lovett, Tina O. Lutrick, Peter Glenn Maggiore, Russell A. 9 06/04/07 1074190500080200 3074180020000901 1088280200007800 1064170100003600 1079320400002500 2079300300000600 3058330200004000 2074180400000800 1088330500245500 1079302100004200 2065150700000200 3066230100001400 3091120000001200 3091120000001400 3072030100001400 2055210000001300 1079302000017200 1074200800042700 3086130030007400 1068345630003200 1067351700006600 3086130040006200 2063070100001300 2073060400021500 1088330300174200 2073060200003000 1084170500019500 1079291500016200 3073060800018100 1069290600034300 2083060400057600 1067353400020000 2065210200000300 1088281100017800 1068270030001200 2081010200025300 1097250100045500 1074190700120100 1078280000000800 1079290800004900 1067261300006300 1074790700125300 1074190600096400 2061110500001700 1077351900007500 1079321000004000 3073070000001601 2082031700034600 1088280100006400 2076230400042700 1088330400182600 1067262400014100 1069290500006600 2076230100011300 3053080000000503 1088270400247700 2074180200003700 3095210000000601 1086230600036700 1059320400015300 1079292400022500 1086240900003900 3073070700005100 2076230100012900 2081020200015800 1074190500074600 1079300200150500 1088330500231900 1068340910005300 1079300200159800 1069290600036400 1067351000011700 _______ W.M.R. Maholm, Gregory Manning, Marcus E. Martin, Scott D. Massey, Alvin W. Mathis, Larita May, Pamela D. McAlister, Martha A. McCammon, Albert L., Jr. McCarty, Delores J. McCarty, Errol O. McCullar, Rog4er, Jr. McFarlin, Howard A., Jr. McGowan, Earlean McGuary, Donna Sue McIntosh, Robert M. McKenzie, Mark E. Mentzer, Mark E. Merriweather, Randy L. Miller, Charles H., Jr. Miller, Donald A., Jr. Miller, Wiley J. Montgomery, Marty Moore, Brady E. Moore, Elizabeth G. Moore, James T. Moore, Kelly Moore, Michelle L. Moorman, Mitchell L. Morelli, Stephen J. Morgan, Kerry B. Morialli, Farrah L. Morris, David C. Moskop, Michael S. Murphy, Dena R. Needham, Phillip M. Nevill, William S. Nickles, Steve Lane Noel, Ulysses M. Ogbuehi, Katrina Oldham, Donald D. Paez, Miguel Parbs, Brian E. Patrick, Dorothy Faye Payne, Leigh R. Payne, Michael Wayne Penny, Muriel L. Phillips, Donald Ray Pickett, Larry A. Powell, Robert E. Prentiss, Gregory S. Ragland, Rex Ragsdale, Jimmy H. Ray, Charles E. Reed, Marvin L. Reed, Ronald W. Reese, John M. Rhines, Wanda Richmond, Irvin W., Sr. Ruckle, Gary E. Rushing, James B. Russom, Robert Rutherford, Danny S. Sandy, James E., Jr. Savage, William E. Schehr, Susan A. Schuetz, Carl E., Jr. Scott, Robert William, II Seale, Michael J. Seay, Robert Marc Sherard, Douglas Foster Sigurdson, Rick E. 10 06/04/07 3097360100001500 1068347640000100 2081010900030900 4086130200023300 1079292800036200 2065150600001800 2089300000001101 1088340100030300 1088280600014700 1086140300005300 1088330500203800 3094190300051500 1074190800207300 1088281400022200 3094190600041700 3073060400007400 2076230400064100 1088330200101300 1086140300020800 1065211100004900 2098340200000100 1079292100001700 1068348040012200 1088330200123100 1059320300011800 1097250100032100 4086130200025800 1079300100137600 1067262000008400 1088330500205600 1074191600005300 2065220200001500 1079311000020500 2061021400027700 1068340010001400 2071010000000603 1085220400140600 2073060000000801 1084170200004500 2061110100000600 1079292300018500 1068341410006000 3058330100001900 3058330100001800 1068341110013500 2089290000001815 1088340200053100 2079300400000900 1074190400057200 2062031300000900 1074190500082900 1088330250015500 1088330500195300 1078281300019200 1088330500228100 Simmons, Sally D. Simoneaux, Kent W. Simonton, David M. Sims, William A. Smith, Darryl T. Smith, Johnny L. Smith, Larry D. Smith, Roibert E., II Sparacello, Frank E. Spencer, Jacqueline M. Spencer, James S. Spooner, Mark E. Stacks, Major E. Stamps, Margaret D. Statler, Jerry W. Swindle, Brine S. Tanner, Ken F. Taylor, J.P. Thibodeaux, Ralph J., Jr. Thomas, Randy Thomas, Rodney D. Tidwell, Jaime R. Taylor True, Kris Trusty, Donna Lyn Tubbs, Bradford D. Tucker, Emory Underhill, James L. Valle, Louis A. Vernon, Daniel L. Vernon, David W. Vincent, Mary R. Wallace, Larry C. Ward, Xavier Warren, Gwendolyn Watson, Timothy P. Wiggins, Annette W. Williams, Danny Williams, Iola B. Williams, Jerome Williams, Jimmie O. Williams, Stephen Williamson, Vincent Albert Wilson, Barry W. Wilson, Ida J. Wilson, Ronnie L., Jr. Wilson, William D. Wood, Nathan Woods, Joseph L. Woten, Jerry Wayne Wright, Thomas T. Yager, Terry L. Young, Casey W. Zaborski, Miklos Zachary, Shelia R. The motion passed by a unanimous vote. See Exhibit G.4.c.d 5. District 4 Park Fund Supervisor Allen Latimer said the county has been improving the Park in Eudora and people enjoy walking on the trail. Supervisor Latimer said Park Commissioner Lee Ashcraft is recommending extending the walking trail and has a quote of $10.00 per linear foot to do so. Supervisor Allen Latimer made the motion and Supervisor Jessie Medlin seconded the motion to authorize spending up to $4,500.00 from the District 4 Park Fund for improvements to the Eudora Park. The motion passed by a unanimous vote. _______ W.M.R. 11 06/04/07 6. Appointment – CVB, District 2 Supervisor Eugene Thach made the motion and Supervisor Jessie Medlin seconded the motion to reappoint Lamar Rodman to the Convention and Visitors Bureau to represent District 2 for a term set to expire May 15, 2011. The motion passed by a unanimous vote. 7. Tax Exemption – Terumo Medical President and C.E.O. of DeSoto County Economic Development Council Jim Flanagan introduced representatives from Terumo Medical Corporation. He said this item of business was heard at the last Tax Advisory meeting. Mr. Flanagan called the Board’s attention to the guidelines from the company and said representatives from the company are appearing before the Board today to answer any questions. He reminded the Board that these representatives previously met with the Board of Supervisors when IDI requested their tax exemption. Mr. Don Everett and Mr. Bruce Van Klompenberg spoke on behalf of Terumo Medical Corp. Mr. Van Klompenberg said Terumo Medical manufacturers and distributes medical devices. He said their parent company is located in Tokyo, Japan and they are nearing the half billion dollar distribution. He said their company was located in Memphis and moved to DeSoto County. He said Terumo Medical has found Mississippi to be a business friendly state. Mr. Van Klompenberg said the company is leasing 130,000 square feet of racked space and operate two shifts of 16 people and are preparing to increase to 20 people. He said they hire through a Southaven temporary service. Supervisor Allen Latimer said employees who live in Desoto County are showing on the guidelines as zero. Don Everett said that has changed. He said they have already hired some Mississippi employees and intend to make that opportunity available to Desoto County residents in the near future. Mr. Flanagan said that Terumo Medical has a 38% wage to benefit plan which is very good. At the recommendation of the Tax Advisory Committee, Supervisor Eugene Thach made the motion and Supervisor Allen Latimer seconded the motion to approve a 10 year Personal Tax Exemption for Terumo Medical Corporation as detailed in Exhibit G.7. The motion passed by a unanimous vote. See Exhibit G.7 8. County Consulting Engineer a. Stateline Road - Bid File # CO-17(23) County Consulting Engineer Daniel Murphy presented bids for improvements for Stateline Road in connection with bid file number CO-17-(23). Supervisor Jessie Medlin asked how long it will take to complete construction of this project. Mr. Murphy said this project and the Tulane Road project will be completed before winter. The bids were submitted as follows: _______ W.M.R. Ferrell Paving, Inc. Memphis, TN $872,860.37 Argo Construction Corp Cordova, TN $901,592.22 Madden Phillips Construction, Inc. Cordova, TN $915,614.06 Chancellor Brothers Construction Cordova, TN $932,913.12 12 06/04/07 APAC – Tennessee, Inc Memphis, TN $991,458.52 White Contracting, Inc. Cordova, TN $1,016,939.13 At the recommendation of the County Consulting Engineer, Supervisor Jessie Medlin made the motion and Supervisor Eugene Thach seconded the motion to accept the low bid from Ferrell Paving, Inc., for Stateline Road, bid file number CO-17-(23) in the amount of $872,860.37. The motion passed by a unanimous vote. See Exhibit G.8.a b. Tulane Road - Bid File # CO-17(22) At the recommendation of the County Consulting Engineer, Supervisor Jessie Medlin made the motion and Supervisor Eugene Thach seconded the motion to accept the low bid from Ferrell Paving, Inc., for Tulane Road, bid file number CO-17-(22) in the amount of $1,462,098.77. The motion passed by a unanimous vote. See Exhibit G.8.b c. Approval to Open Bids to Cut Down Hill on Craft Road – June 29th 2:00 p.m. Supervisor Tommy Lewis said he has met with some of the landowners on Craft and Allison Road. He said we only need temporary easements. He said he understands the appraisal will cost $600.00 and the landowners agreed to take $500.00. Supervisor Tommy Lewis made the motion and Supervisor Jessie Medlin seconded the motion to pay $500.00 for temporary easement on the east side of Craft and Allison Road and offer appraised value on the west side for the property. The motion includes authorizing to cover the costs of replacing fences and sod that may be removed during the project and authorizing the Clerk to write the check. The motion passed by a unanimous vote. Board Attorney Tony Nowak said we looked at the appraisals done last year on land very near this property and the landowner agreed to accept compensation based upon the same comparable sales used in those appraisals. Supervisor Tommy Lewis made the motion and Supervisor Bill Russell seconded the motion to approve opening the bids to cut down the hill on Craft and Allison Road on June 29, 2007 at 2:00. The motion passed by a unanimous vote. 9. County Engineer – Stewartshire Detention Pond County Engineer Andy Swims addressed the Board of Supervisors regarding the detention pond at Stewartshire Subdivision. Supervisor Jessie Medlin asked if the work was done at the other location. Mr. Swims said yes, except for cleaning the property. Mr. Swims said that Stewartshire Subdivision has been under construction for some time and the neighbors are complaining about issues with agreements to sell the lots to a builder. Mr. Swims said the developer is in a legal dispute with a former partner about the project. Attorney George Ready asked if the detention issue can be postponed until the dispute is addressed. Mr. Swims said a detention pond is needed right now. Mr. Swims said that detention is supposed to be built in this phase of the subdivision. Mr. Swims said the County Consulting Engineer Daniel Murphy is supposed to meet with the developer on this issue. Mr. Swims said that Mr. Ready asked for more time to resolve the issue. _______ W.M.R. 13 06/04/07 Supervisor Tommy Lewis asked how long the issue has been out on the alignment on Swinnea. Mr. Swims said he does not know exactly. Supervisor Lewis asked if Mr. Swims can find out and tell the Board on Wednesday. Supervisor Bill Russell asked if the county should instruct the developer to build the detention pond and give him the alignment. He said make sure he has a copy of the alignment and bring the issue back to the Board on Wednesday. Mr. Swims said we have a bond for Section A and the other section but we do not have a bond on detention. See Exhibit G.9 10. Department of Road Management a. School Bus Turnarounds Road Manager Russell Dorris presented a request from the School Board for school bus turnarounds. Supervisor Jessie Medlin asked if we should build the turnarounds since school is not in session. He said if they are not driving for the school right now, then we need to wait. After discussing that the turnarounds are probably for summer school, Supervisor Bill Russell made the motion and Supervisor Allen Latimer seconded the motion to approve the school bus turnarounds as follows: Melissa Roberts LaDonna Faulkner 8858 Old hwy 61, Walls 781-2432 901-331-3271 10090 Cub Lake Road, Eudora, MS 429-0088 901-870-6456 The motion passed by a vote as follows: Supervisor Jessie Medlin-------------------NO Supervisor Eugene C. Thach---------------YES Supervisor Bill Russell----------------------YES Supervisor Allen Latimer-------------------YES Supervisor Tommy Lewis-------------------YES See Exhibit G.10.a b. Road Report and Work Schedule c. Road Bond Report At the recommendation of the County Road Manager Russell Dorris, Supervisor Allen Latimer made the motion and Supervisor Eugene Thach seconded the motion to approve the County Road Report for April, 2007, and Work Schedule and the Road Bond Report for May, 2007, as presented by the Road Manager. The motion passed by a unanimous vote. See Exhibit G.10.b.c 11. NDPDD – Initiative to Reduce Inmate Medical Costs Vanessa Lynchard gave a presentation which detailed an initiative to reduce inmate medical costs. She said that under current Federal law, individuals lose their Medicare or Medicaid benefits when they are charged with a crime. The loss of benefits occurs when that person who received Medicare or Medicaid is charged with a crime (NOT CONVICTED). _______ W.M.R. 14 06/04/07 Vanessa said the burden for any medical cost that prisoner incurs transfers from the Federal or State government to the County government. When the responsibility for payment moves from the price controlled limits of Medicare or Medicaid to County Government, she said the price of prisoner medical care skyrockets for the taxpayers who pay those bills. Vanessa explained that Medicare is regulated through the Federal Government and Medicaid is regulated through the State Government. She said that NACo is leading the effort to move responsibility for Medicare recipients who are charged with a crime, back to the Federal Government and they need assistance from counties. She said NACo urges counties to address the issue of Medicaid with their state. Vanessa gave several examples in the presentation of the disparity in medical bills and as detailed in Exhibit G.11. She said the State reimburses the county $400 per person for every prisoner removed from the Medicaid roll. In FY07 DeSoto County has received $2,600. (One prisoner was reimbursed at $200) One prisoner could easily consume in excess of the total yearly reimbursement. This is Medicaid only, and does not include Medicare recipients. To keep the medical care responsibility with Medicaid would reduce administrative costs for both the State and Counties. Vanessa said the remedy for taxpayer overpayments is as follows: Medicare – Assist NACo in their efforts to shift medical costs for prisoners on Medicare back to the Medicare program. Medicaid – Unite with other counties and taxpayers to shift medical costs for prisoners on Medicaid back to the Medicaid program. She said the strategy for protecting taxpayers from overpayment of medical bills for prisoners who are on Medicaid is as follows: • North Delta PDD will present the issue to other PDD’s in the state to notify their counties. • Appoint a designee from each county to manage the project. • Plan a meeting of the county designees to develop the plan for reform before the MAS Convention. • Direct MAS to lobby for this change in the 2008 Legislative Session. • Schedule a State wide designee meeting during the MAS Convention in June. • Pass a Resolution in each county to send to each Legislative Delegation before the 2008 Session. • Get the word out to the taxpayers to enlighten them and ask for their help to lobby for change. Vanessa said we definitely can expect a challenge. She said in 2007 Senate Bill 3016 was introduced to require counties to be billed the Medicaid rate. That bill never passed the committee level and received opposition from the Hospital Association. She said to expect opposition from the medical community and the State Legislature. Supervisor Jessie Medlin said that Congress passed the laws and it has been this way for years. County Administrator Michael Garriga said the county medical bills could be cut in half. Supervisor Bill Russell commended Vanessa and said that the Board needs to appoint Vanessa as designee and she can make the presentation at the Council on Government meeting. _______ W.M.R. 15 06/04/07 Supervisor Bill Russell made the motion and Supervisor Eugene Thach seconded the motion to appoint Vanessa Lynchard as designee to represent Desoto County and make the presentation to the Council on Government and the MAS Convention and any other venues deemed necessary. The motion passed by a unanimous vote. See Exhibit G.11 H. EXECUTIVE SESSION The executive session portion of these minutes is recorded under the portion of the minutes called "Executive Session". I. OTHER 1. Board Attorney Board Attorney Tony Nowak said that the Board of Supervisors approved a Resolution of Intent on I-69. He said there was an issue with the publication and he asked the Board to re-approve the Resolution of Intent. Supervisor Bill Russell made the motion and Supervisor Jessie Medlin seconded the motion to approve the Resolution of Intent as follows: RESOLUTION OF DESOTO COUNTY, MISSISSIPPI (THE “COUNTY”) DECLARING THE INTENTION OF THE COUNTY TO AUTHORIZE THE BORROWING OF AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTYFIVE MILLION DOLLARS ($275,000,000) BY ENTERING INTO A LOAN WITH MISSISSIPPI DEVELOPMENT BANK FOR THE PURPOSE OF FINANCING CERTAIN CAPITAL IMPROVEMENTS WHICH SHALL CONSIST OF THE DESIGN, RIGHT OF WAY ACQUISITION, CONSTRUCTION, IMPROVEMENT, EXPANSION AND EXTENSION OF U.S. INTERSTATE 69 EASTWARD FROM INTERSTATE 55 IN THE COUNTY TO ITS INTERSECTION WITH U.S. HIGHWAY 78 AT THE RECOMMENDATION OF THE COUNTY MARSHALL COUNTY, MISSISSIPPI BOUNDARY LINE OR ANY OTHER HIGHWAY, ROAD AND /OR BRIDGE IMPROVEMENTS IN THE COUNTY TOGETHER WITH RELATED IMPROVEMENTS AND INFRASTRUCTURE, (COLLECTIVELY, THE “HIGHWAY PROJECT”) AND FOR OTHER AUTHORIZED PURPOSES UNDER THE ACT. The motion passed by a unanimous vote. See Exhibit I.1 2. Ambulance Service – City of Southaven Mayor Greg Davis said that the City of Southaven has three ambulances that are titled in the county’s name. He said the city has always participated by paying part of the money to purchase the ambulances. He said one of the ambulances is owned by the county, outright. He said, on one ambulance, the county put in $50,000-$60,000 and the city put in $50,000-$60,000. The third ambulance, the county owns the chassis and the city owns the box. Mayor Davis said the city wants to give back the first ambulance to the county if the county will title the third ambulance to the city. He said the county owns the other ambulance. Director of EMS Bobby Storey said that the City of Southaven would transfer the first ambulance, a 1994 Ford E350 type III ambulance, Vin# AFDKE30M5RHA14355, to the county. The city will return the second ambulance, a 1999 Ford mini-mod ambulance, VIN# 1FDSE30F3XHA86542, to the county. The third ambulance is a 2004 Ford F450 type 1, VIN# 1FDWF36P04EC75077, and the city is asking the Board to title the _______ W.M.R. 16 06/04/07 ambulance to them and the county receive sole ownership of the 1994 and 1999 ambulances. Supervisor Jessie Medlin asked how many miles are on the ambulances. Director of Emergency Services Bobby Storey said over 100,000 miles. Mayor Davis said the city uses one ambulance for a reserve and runs the others. Supervisor Eugene Thach made the motion and Supervisor Jessie Medlin seconded the motion to declare a 2004 Ford F450 type 1, VIN# 1FDWF36P04EC75077, as surplus and to formalize the intention to approve the Mayor’s request to title the ambulance to the City of Southaven, and to accept two ambulances, a 1994 Ford E350 type III ambulance, Vin# AFDKE30M5RHA14355 and a 1999 Ford mini-mod ambulance VIN# 1FDSE30F3XHA86542, into county maintenance. The passed by a vote as follows: Supervisor Jessie Medlin-------------------YES Supervisor Eugene C. Thach---------------YES Supervisor Bill Russell----------------------YES Supervisor Allen Latimer-------------------YES Supervisor Tommy Lewis-------------------YES 3. EMS – Recognition of Exceptional Service Supervisor Bill Russell recognized Mike Hancock, Paul LeBlanc, Bobby Storey and the Sheriff’s Department for their diligent efforts in planning the Memorial Service for Jeffrey Jeans who died while on duty in Desoto County EMS. Supervisor Russell said he wanted to publicly commend these employees and tell them how much the Board of Supervisors appreciates their work. He said they did a very good job. The Director of Emergency Services also thanked Southaven Mayor Greg Davis for his help in providing coverage during the service so the EMS employees and officers could attend the service. 4. Starlanding Road Bridge County Administrator Michael notified the Board of Supervisors that bids will be opened for the Starlanding Road Bridge Underpass on June 27, 2007. Road Manager Russell Dorris said there will be a pre-bid meeting on June 5, 2007. Supervisor Tommy Lewis asked if the Board of Supervisors should meet to approve the bids during the last week of the month. Mr. Dorris said no, because the project is a State Aid project and they will oversee the bid openings. 5. Roads – Russell Cove and Laverne Road Supervisor Allen Latimer made the motion and Supervisor Eugene Thach seconded the motion to authorize the Road Manager to upgrade signs across the end of Russell Cove and Laverne Road to promote public safety. The motion passed by a vote as follows: Supervisor Jessie Medlin-------------------YES Supervisor Eugene C. Thach---------------YES Supervisor Bill Russell----------------------YES Supervisor Allen Latimer-------------------YES Supervisor Tommy Lewis-------------------YES 6. Burn Ban Emergency Services Director Bobby Storey said the dry conditions have created a critical need for a burn ban to be adopted in the unincorporated areas of the county. He _______ W.M.R. 17 06/04/07 said the 80-90 degree weather and lack of rain is taking a toll throughout the county. Mr. Storey said he is not trying to stop commercial burning, only residential burning. Chancery Clerk Sluggo Davis asked about wheat farmers. Mr. Storey said they can get their permits from the Department of Forestry. County Administrator Michael Garriga said that Mr. Storey has the authority to put on a burn ban under the ordinance. The Board of Supervisors agreed to put on a 14 day burn ban on residential areas in the unincorporated areas of the Desoto County only. 7. Legislation – Local and Private to Fund Headstart Chancery Clerk Sluggo Davis presented Senate Bill 3088 and House Bill 1758 which allows the Board of Supervisors discretion to donate money to the Headstart Program. 8. Legislation – Historic DeSoto Foundation Chancery Clerk Sluggo Davis presented legislation from House Bill 1802 which allows the Board of Supervisors to donate money to the Historic DeSoto Foundation. Supervisor Eugene Thach made the motion and Supervisor Jessie Medlin seconded the motion to recess the meeting until June 6, 2007 at 9:00 a.m. The motion passed by a unanimous vote. THIS the 4th day of June 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. 18 06/04/07