MINUTES. Supervisors of Hinds County met in the Chancery Court Building, Board of Supervisors

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1 MINUTES BE IT remembered that on the 16 th day of May, 2005, at 9:00 A.M., the Board of Supervisors of Hinds County met in the Chancery Court Building, Board of Supervisors Room, Jackson, Mississippi; pursuant to the provisions of Mississippi Code 1972, Annotated, Section and resolution heretofore adopted by the Board. This being a special meeting of said Board, when the following were present: GEORGE SMITH PRESIDENT DOUGLAS ANDERSON VICE PRESIDENT CHARLES BARBOUR MEMBER PEGGY HOBSON CALHOUN - MEMBER RONNIE CHAPPELL MEMBER Also present and attending upon said Supervisors Court were Chancery Clerk and the Clerk of the Board of Supervisors, Eddie Jean Carr; Deputy Chancery Clerk, Greta Lovell; Deputy Recording Clerk, Erika Knight Epps; Captain, Charles Banes; Board Attorney, Azande Williams and County Administrator, Anthony Brister, when the following business had and done, to-wit: AGENDA ATTACHED TO and incorporated herein is the Agenda for today s meeting. Since the meeting held pursuant to statute, a special notice given. INVOCATION PRESIDENT SMITH called the meeting to order at 9:11 A.M. Mr. Dan Gibson, Risk Management Consultant, Crystal Springs, Mississippi, offered the invocation. MINUTES UPON A motion of Douglas Anderson and a second by Charles Barbour, Ronnie Chappell voting aye, Peggy Hobson Calhoun voting aye, George Smith voting aye, it RESOLVED to approve the minutes of April 18, Interfund Advance Repaid CLAIMS Upon a motion of Ronnie Chappell and a second by Douglas Anderson, George Smith voting aye, Charles Barbour voting aye, Peggy Hobson Calhoun voting aye, it RESOLVED to approve repayment of the following interfund advance as of May 16, Document is affixed hereto and incorporated herein Advance repaid to: General County Fund $ 30, Advance repaid from: MS Dept Archives & History Preservation Fund $ 30,

2 Regular Claims over $100, Upon a motion of Charles Barbour and a second by Ronnie Chappell, Peggy Hobson Calhoun voting aye, Douglas Anderson voting aye, George Smith voting aye, it RESOLVED to approve the Claims numbered 4380, 4423, and 4481, as appears in the Supervisors Docket of the Claims Book, being the claims and payroll of the Hinds County Treasury; presented by Greta Lovell. Document is affixed hereto and incorporated herein. Regular Claims Upon a motion of Ronnie Chappell and a second by Peggy Hobson Calhoun, George Smith voting aye, Douglas Anderson voting aye, Charles Barbour voting nay, it RESOLVED to approve the Claims numbered , inclusive, less claims numbered 4380, 4423, and 4481, as appears in the Supervisors Docket of the Claims Book, being the claims and payroll of the Hinds County Treasury; presented by Greta Lovell. RISK MANAGEMENT UPON A motion of Ronnie Chappell and a second by Douglas Anderson, Peggy Hobson Calhoun voting aye, George Smith voting aye, Charles Barbour voting aye, it RESOLVED to renew Law Enforcement Liability Insurance with Columbia Casualty Company / CNA as administrated by JWF Specialty Company, Inc., effective June 1, Document affixed hereto and incorporated herein. PERMIT AND ZONING R 1551 / Gulf Coastal States Development, LLC Mr. Jimmy Lewis, Permit & Zoning Director, addressed the Board regarding the above mentioned case number and the findings and facts submitted by the Planning Commission, their public opposition. The Board allowed the petitioners and opposing parties ten minutes to state their reasons, for or against this project with an additional five minutes for rebuttal. Mr. Buddy Brock, petitioner, Gulf Coastal States Development, LLC, presented the Board with documents illustrating their petition to rezone their property from Residential District (R-1) to Residential District (R-4) for the development of upper end multifamily housing. He stated that it is his job to abide by the zoning ordinance of Hinds County which adopted March 1, Through his interpretation of the ordinances, he explained, if you want to petition the Board to rezone your property you must prove that the character of the neighborhood has changed in such a way that warrants reclassification and prove there is a public need for the rezoning. Mr. Brock stated, there has been tremendous change in the Byram, MS area and a public need for growth in Hinds County. For this reason, he asked the Board to grant his petition. There discussion on this matter. 2

3 Mr. Edward Watson, Byram resident, spoke in opposition, stating that he respectfully disagrees with Mr. Brock s petition to rezone. In addition, it s not up to the citizens of the Byram to prove why this project should not go forward it is Mr. Brock s burden to prove his claim by clear and convincing evidence. Ms. Linda Connelly, Byram resident, spoke in opposition, stating that traffic, crime and potential property depreciation would be a major factor in their neighborhood if the Board passes this petition. Mr. Don Connelly, Byram resident, spoke in opposition, stating that he moved into the area for peace and quite and concurred with the sentiments of the other oppositionists. Dr. Phyfa Eiland, Superintendent of Hinds County Public School District, also spoke in opposition of the petition stating that it is not in the best interest of taxpayers to rezone their property to place multifamily housing (apartments). The school district has already reach full capacity for bonded indebtedness and if this petition is passed it would place a huge influx of students in the system. Mr. Earl Burke, Business Manager, Hinds County Public School District, concurred with Dr. Eiland regarding the maximum capacity of their district. Mr. Buddy Brock gave rebuttal to the concerns and comments made by the oppositionists. He stated that anytime you have progress and growth in any area, it creates problems that taxpayers dollars are used for (e.g. widening roads, placing traffic signals, etc). Mr. Watson, rebutted stating that the neighborhoods in their area have not changed however, none of those neighborhoods have an apartment complex being proposed in there backyard. Supervisor Anderson asked, were the residents opposed to the proposed homes also being built in the area? Mr. Watson replied, there no notice received regarding proposed homes being built because the land is not in close proximity to their properties. Supervisor Anderson asked, are you in opposition to construction of these homes? Mr. Watson replied, no, because it does not change the character of the neighborhood. Supervisor Anderson stated that he has physically assessed the area and there are apartments to the right facing the property and there would be a sufficient buffer zoning to alleviate any potential problems that may arrive after the building of these apartments. Equally important, this buffer would ensure that the project does not expand any further. Supervisor Calhoun stated that the Board of Supervisors assess property values as mandated by law and those assessment are based on market value. Mr. Watson stated that he can not speak for anyone that lives five or six miles down from his residence however, he still feels that if this petition is passed it would bring down the value of his home. 3

4 Supervisor Barbour asked, if this petition is passed what assurances does the Board have that a secondary road would be constructed to accommodate traffic? Mr. Brock replied, if it is the desire of the Board, he would construct the road prior to building the apartments. There discussion on this matter. Interim Mayor of Byram, Nicholas Tremonte, urged the Board to delay action on this matter until a ruling is made on the Byram Incorporation proceedings. More importantly, they would like the opportunity to set their own ordinances and standards to ensure this project and others are done in a manner that is acceptable to the Byram community. Supervisor Chappell briefly brought to the Board s attention approved construction projects for traffic signals at Davis Road and Siwell Road, Gary Road and Davis Road and Terry Road and Gary Road. As of late, none of these projects are underway. He also expressed his concerns regarding an allege reallocation of fund from State Aid of Road Construction that appropriated to Hinds County. Supervisor Smith replied that the funds necessary for this project and others are only available month to month. So it is necessary for the County ensure that their plans are ready for execution by State Aid. There discussion on this matter. apartments? Supervisor Anderson asked Mr. Brock, how long would it take to build the Mr. Brock replied, that they are willing to make concessions, construction would be delayed for approximately six (6) months, the project could be divided into two (2) phases and move away from the adjacent property a total of 200 feet (originally 100 ft.). There further discussion on this matter. A motion made by Douglas Anderson and second by Peggy Hobson Calhoun, to grant the petitioner s request to rezone. A substitute motion made by Ronnie Chappell to delay action on this matter until a court ruling is made on the Byram Incorporation proceedings. The substitute motion died for lack of a second. UPON the original motion, with George Smith voting aye, Charles Barbour voting aye, Ronnie Chappell voting nay, Douglas Anderson voting aye and Peggy Hobson Calhoun voting aye, it RESOLVED to adopt the findings and facts of the Hinds County Planning Commission presented at this the 16 th day of May s board meeting. And further find that based on these findings of fact and information presented that the petition be granted pursuant to Section 2407 of the Hinds County Zoning Ordinance with the inclusion of a 200 foot buffer zone. ALSO RESOLVED to approve a board order granting the petitioner s request to rezone their property from Residential District (R-1) to Residential District (R-4) for the development of upper end multifamily housing. The property consists of 29.9 acres and is located on the north side of Willow Creek Lane, between Siwell Road and Dead-end in District 4. The planning commission granted this petition by five ayes and three nays. There public opposition. Documents affixed hereto and incorporated herein. 4

5 U 1552 / Frankie & Leon C. Moore, Jr. UPON A motion of George Smith and a second by Charles Barbour, Douglas Anderson voting aye, Peggy Hobson Calhoun absent not voting, Ronnie Chappell voting aye, it RESOLVED to approve a board order granting the petitioner s request for a Dimensional Variance Permit to build a 30 x 40 metal building for storage. The property consists of 7.0 acres and is located on the east side of Crescent H Drive, between McWilliams Drive and a dead-end in District 5. The planning commission granted this petition by a vote of eight ayes. There public opposition. Documents affixed hereto and incorporated herein. U 1553 / Verizon Wireless Communications UPON A motion of Ronnie Chappell and a second by Charles Barbour, Douglas Anderson voting aye, Peggy Hobson Calhoun voting aye, George Smith voting aye, it RESOLVED to approve a board order granting the petitioner s request for a Conditional Use Permit to construct a Telecommunications tower. The property consists of , acres and is located on the west side of Forest Hill Road, between Torrey Pines Drive and Brookwood Place in District 4. IT WAS FURTHER RESOLVED to adopt the findings of fact of the Planning Commission and to set a security bond in the amount of $30,000. The planning commission granted this petition by a vote of eight ayes. There no public opposition. Documents affixed hereto and incorporated herein. U 1554 / County Woods Baptist Church Mr. James Peden, Attorney, representing Country Wood Baptist Church, addressed the Board requesting approval of their petition for a Conditional Use Permit to operate a church affiliated daycare facility. This will be for children ranging from infant to four years of age, with a separate classroom for after school care. Mr. Glenn Johnson spoke in opposition to the Conditional Use Permit stating that the church should place this facility on their property rather than adjacent to it. Supervisor Chappell stated that there will be traffic concerns during peak transport time for the facility and suggested that a alternative plan be considered before this project is underway. There discussion on this matter. A motion made by Ronnie Chappell to approve the petition for a Conditional Use Permit for a church operated daycare facility. Upon further discussion of this matter. The motion withdrawn. UPON A motion of Ronnie Chappell and a second by Peggy Hobson Calhoun, George Smith voting aye, Douglas Anderson voting aye, Charles Barbour voting aye, it RESOLVED to delay action on this matter for three (3) weeks allowing Country Woods Baptist church to reevaluate their master plan for building the daycare facility and bring their findings back to the Board for consideration. 5

6 DISCUSSION OF TRAFFIC SIGNALS Mr. Nicholas Gardner, Public Works Director, introduced Mr. Rod Hill, County State Aid Engineer, to discuss the status of projects approved for execution by State Aid for Road Construction. Mr. Rod Hill stated that he requested from State Aid an accurate account of total funds issue by the State Aid Program. As of late, there are no funds appropriated to Hinds County due to the statewide deficit. He also stated through correspondence with Mr. Dan Tolar, District Engineer with State Aid Road Construction, that funds are expected to be available around September or October, There discussion on this matter, no action taken. LSBP Projects PUBLIC WORKS DEPARTMENT UPON A motion of Douglas Anderson and a second by Peggy Hobson Calhoun, George Smith voting aye, Charles Barbour voting aye, Ronnie Chappell absent not voting, it RESOLVED to ratify the transition agreement for Local System Bridge Program (LSBP) projects, appointing Tommy Avant as LSBP Engineer. Neighborhood Clean Up UPON A motion of George Smith and a second by Peggy Hobson Calhoun, Charles Barbour absent not voting, Ronnie Chappell absent not voting, Douglas Anderson voting aye, it RESOLVED to provide clean-up services by the Public Works department at Maze lake on May 21, 2005 and Claiborne Park on June 18, THE MALACHI GROUP Ms. Belinda Pedroso, Financial Consultant with the Malachi Group, presented the Board with a report outlining an evaluation of specific areas that would impact the financial integrity of Hinds County. She explained their findings and offered this analysis as their recommendation, fulfilling the agreement as financial advisors for Hinds County. Document affixed hereto and incorporated herein. AUTHORIZATION OF GAS COMPANIES UPON A motion of George Smith and a second by Douglas Anderson, Ronnie Chappell voting aye, Peggy Hobson Calhoun voting aye, Charles Barbour voting aye, it RESOLVED to authorize a letter to be sent to natural gas companies requesting the installation of gas lines in rural Hinds County. EMERGENCY MANAGEMENT Radio Options & Consideration Mr. Will Roberts, a representative from Motorola, addressed the Board regarding equipment usage in Hinds County and its affiliates. 6

7 UPON A motion by Ronnie Chappell and a second by Peggy Hobson Calhoun, George Smith voting aye, Charles Barbour voting aye, Douglas Anderson voting aye, it RESOLVED to approve and issue a special claim to the City of Clinton in the amount of $ 90, from the E-911 fund for authorized purchases for the Clinton Fire Department, $27, and Clinton Police Department, $63, Document affixed hereto and incorporated herein. UPON A motion by Ronnie Chappell and a second by Peggy Hobson Calhoun, George Smith voting aye, Charles Barbour voting aye, Douglas Anderson voting aye, it RESOLVED to approve the purchase of 75 analog radios from the E-911 fund for the City of Jackson Police Department in the amount of $130, *Supervisor Chappell left for the day at approximately 12:28 P.M.* SERVICE PINS Jay LaCoste, Planning Director Cornelius Gaddis, Public Works Randy McAlpine, Public Works Ira Thorn, Tax Assessor Lavern Winstead, Maintenance Pam Young, Human Service 15 Years 25 Years 15 Years 20 Years 15 Years 10 Years JUSTICE COURT DEPARTMENT A motion made by Peggy Hobson Calhoun and a second by George Smith to approve Justice Court Judge Nicki Martinson Boland to attend the NADCP s 11 th Annual Drug Court Training Conference in Orlando, Florida. A substitute motion made by Charles Barbour and a second by Douglas Anderson to take this matter under advisement. With Ronnie Chappell absent not voting, Peggy Hobson Calhoun voting nay, George Smith voting nay. The substitute motion failed. Upon the original motion, Charles Barbour voting nay, Douglas Anderson voting nay, Peggy Hobson voting aye, George Smith voting aye, Ronnie Chappell absent not voting. The original motion also failed. No further action regarding this matter took place. Rejection of Invoices PURCHASING DEPARTMENT UPON A motion of Douglas Anderson and a second by George Smith, Peggy Hobson Calhoun voting aye, Charles Barbour voting aye, Ronnie Chappell absent not voting, it RESOLVED to reject invoices received by Buford Plumbing Company and Air Janitorial Services for services rendered at the Department of Human Service for lack of a purchase order. The invoice amounts are $ and $ Documents are affixed hereto and incorporated herein. 7

8 Request to transfer INVENTORY UPON A motion of Peggy Hobson Calhoun and a second by Douglas Anderson, Ronnie Chappell absent not voting, George Smith voting aye, Charles Barbour voting aye, it RESOLVED to transfer County assets between departments. Documents affixed hereto and incorporated herein. Request to Delete UPON A motion of Douglas Anderson and a second by George Smith, Ronnie Chappell absent not voting, Peggy Hobson Calhoun voting aye, Charles Barbour voting nay, it RESOLVED to delete County assets from inventory. Documents affixed hereto and incorporated herein. Request to transfer to a public landfill UPON A motion of Douglas Anderson and a second by Peggy Hobson Calhoun, Ronnie Chappell absent not voting, George Smith voting aye, Charles Barbour voting aye, it RESOLVED to transfer to a public landfill County assets. Documents affixed hereto and incorporated herein. BUDGET UPON A motion of Douglas Anderson and a second by George Smith, Peggy Hobson Calhoun voting aye, Charles Barbour voting nay, Ronnie Chappell absent not voting, it insertions: RESOLVED to approve budget amendments representing departmental requests to transfer between line items with the explanation provided with each amendment in compliance with GASB 34. In addition, they do not impact the County s general fund unappropriated surplus. Documents affixed hereto and incorporated herein. MINUTE INSERTIONS Anthony Brister, County Administrator, offered the following as minute 1. Department of Public Works Completed Work Schedule for the month of April 2005 for Central, North Maintenance, Southeast Maintenance, and Southwest Maintenance crews. 2. Department of Public Works Tentative Work Schedule for the month of June 2005 for Central, North Maintenance, Southeast Maintenance, and Southwest Maintenance crews. 3. Joint Funding Agreement between Pearl River Basin Development District and the Hinds County Board of Supervisors. 8

9 Tax Exemption / Final Resolution BOARD ATTORNEY UPON A motion of Charles Barbour and a second by Peggy Hobson Calhoun, George Smith voting aye, Douglas Anderson voting aye, Ronnie Chappell absent not voting, it RESOLVED to approve a final order and Resolution for Constar, Inc. Application for Ad Valorem Tax Exemption for extension of Freeport Warehouse (Commencing January 1, 2000). Documents are affixed hereto and incorporated herein. REQUEST TO HIRE AN APPRAISER UPON A motion of George Smith and a second by Douglas Anderson, Ronnie Chappell absent not voting, Charles Barbour voting aye, Peggy Hobson Calhoun voting aye, it RESOLVED to hire Mr. Henry Dunklin as appraiser for the former WIA property location on Woodrow Wilson. Sixteenth Section Leases CHANCERY CLERK UPON A motion of Charles Barbour and a second by Douglas Anderson, Peggy Hobson Calhoun voting aye, George Smith voting aye, Ronnie Chappell absent not voting, it RESOLVED to a Sixteenth Section Residential Lease between Hinds County Public School District and Eddie Kinnard and, RESOLVED to a Sixteenth Section Residential Lease between Hinds County Public School District and James Kinnard. Documents are affixed hereto and incorporated herein. Order Canceling Tax Sale / Authorizing Refunds / Reassessment Changes to the Assessment Rolls / Surrendered Tags UPON A motion of Douglas Anderson and a second by Peggy Hobson Calhoun, Ronnie Chappell absent not voting, George Smith voting aye, Charles Barbour voting aye, it RESOLVED to approve the following: Surrendered Tags For the month of April 2005 Board Order Changes MCI WorldCom Inc (Taxing District R06) to MCI WorldCom Inc. ( Taxing District R20); Habitat for Humanity Metro Jackson, , 5/15/2002 to Habitat for Humanity Metro Jackson, , 03/18/2002. Petition For Reduction of Assessment Habitat for Humanity Metro Jackson; Crystal Woodard; Stamps, Kelvin & Donna; Otis & Linda Baker; Billy Harris; Tina C. Webster; Marco Flores; Mary J. Thomas; Jonathan Ship; Pearl Draine; Natalie L. Frenches; Lorenzo Al & Yolanda D. Lloyd; Mark & Susan Paxton; Aaron & Carol A. Vanthoff; Collis Hill Church of Christ, parcel # ; Collis Hill Church of Christ, parcel #

10 292; Thomas Bogle; Charles E. Lewis Sr. & Julia A.; Stamps, Kelvin & Donna, parcel # ; Dickerson, Bobby Joe; Mabry, Jonathon W.; Walker, Betty; Cumbest, Ryan & Tackett, Kristy S.; Gwaltney, Samantha (doubled assessed). Notice to Increase the Assessment of Real / Personal Property UPON A motion of Douglas Anderson and a second by George Smith, Peggy Hobson Calhoun voting aye, Charles Barbour voting aye, Ronnie Chappell absent not voting aye, it RESOLVED to approve the Notice of Assessment increase for Woods B. & Lou A. Cavett Jr., parcel # Documents are affixed hereto and incorporated herein. Order Approving Claims UPON A motion of Douglas Anderson and a second by Peggy Hobson Calhoun, Charles Barbour voting aye, Ronnie Chappell absent not voting, George Smith voting aye, it RESOLVED to approve the claims portion of the minutes of the Hinds County Board of Supervisors for. Document affixed herein and incorporated herein. Minute Insertions Insertions: Erika Epps, Deputy Chancery Clerk, presented the following as Minute A. Letter from Pearl River Basin Development District awarding Hinds County $4,000.00, for playground equipment for Midpoint Park. B. Sixteenth Section Lease Assignment of Commercial Lease Contract between Hinds County Board of Education and Harold Chapman. C. Sixteenth Section Lease Public School Trust Land Release Instrument between Hinds County Board of Education and Betty Griffin. D. Sixteenth Section Lease Agricultural Lease Contract between Hinds County Board of Education and Diane Sanders & Willie Cooper. E. Holiday Monday, May 30, 2005 National Memorial Day & Jefferson Davis Birthday. F. Minutes Hinds County Economic Development District Regular Board Meeting March 27, G. Proof of Publications: 1. Proceedings of the Board of Supervisors for March Bids Wanted - Twelve Month Term Bids for Material / Supplies. H. Bids Opened: 1. Twelve Month Term Bids for Material / Supplies. 10

11 Supervisors: ANNOUNCEMENTS PRESIDENT SMITH announced the following meetings of the Board of June 6, 2005 Regular Meeting Board of Supervisors Room Chancery Court Building Jackson, MS 9:00 A.M. June 20, 2005 Special Meeting Board of Supervisors Room Chancery Court Building Jackson, MS 9:00 A.M. Any additional, special, recessed, or other meetings may be held by posting, minute entry or other means allowed by law. ADJOURNMENT UPON A motion of Douglas Anderson and a second by Charles Barbour, Ronnie Chappell absent not voting, George Smith voting aye, Peggy Hobson Calhoun voting aye, it RESOLVED to adjourn until June 6, 2005, Board of Supervisors Room, Chancery Court Building, Jackson, MS. Where upon the meeting adjourned at approximately 12:48 P.M. Notice is hereby given that the meeting to be held on June 6, 2005, is a regular meeting of the Board. HINDS COUNTY BOARD OF SUPERVISORS George Smith, President Attest: Eddie Jean Carr, Chancery Clerk By: D.C. 11