DESOTO COUNTY BOARD OF SUPERVISORS BOARD MEETING MINUTES GERALD CLIFTON, PRESIDENT PRESIDING. June 4, 2003

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1 DESOTO COUNTY BOARD OF SUPERVISORS BOARD MEETING MINUTES GERALD CLIFTON, PRESIDENT PRESIDING June 4, 2003 A. CALL TO ORDER The June 4, 2003, meeting of the DeSoto County Board of Supervisors was called to order by, Board Vice President. Captain Bill Rasco 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: B. INVOCATION District 1 Supervisor Eugene C. Thach District District 3 ---District 4 ---Absent Military Leave District 5 W. E. Sluggo Davis Chancery Clerk Sheriff James A. Riley Sheriff David Armstrong County Administrator Bobby Chamberlin Board Attorney Captain Johnny Combes of the DeSoto County Sheriff s Department presented the invocation. C. PLEDGE OF ALLEGIANCE D. PUBLIC HEARING PLANNIN COMMISSION ZONING ORDINANCE 1. Bobby Reid Second Street, Walls, MS Merritt Powell, Director of Planning Commission, said this property has been cleaned up and no actions required Second Street, Walls, MS Merritt Powell, Director of Planning Commission, said this property has been cleaned up by Cheek Enterprises. 3. Joe Morgan and Charles Cowan W. Goodman Rd., Walls, MS. Merritt Powell, Director of Planning Commission, said tax records list both people as owners of the property. Mr. Powell said Cheek Enterprises had made an offer to Joe Morgan to purchase the property and Cheek has stated they would clean the property. made the motion and seconded the motion to carry this item over to allow time for the title search on the property so G. L. C. 1 6/04/03

2 that it could be sold and cleaned up. The motion passed by a vote as follows: ITEM D.3, CONTINUED, 4. Raymond and Marciann Cross, 5551 Rolling Hills Drive, Olive Branch, MS, located in the Pleasant Hill Estates Subdivision. Merritt Powell, Director of Planning Commission, said he had called Raymond Cross and tried to send him a letter. Mr. Powell said Raymond Cross claimed he was working on cleaning the property, but he hasn t done any work yet. Mr. Powell said the grass has been cut in some areas. said he would be willing to cut the grass with his tractor, but the swimming pool needs to be cleared. asked what environmentally could be covered up. asked the Board Attorney what legally could be done with the pool. Supervisor Thach said the pool need to be taken down and cleared due to the health and safety of the community. Mr. Powell said he recommended the County clean the property and add the expense to the taxes. made the motion and seconded the motion to authorize the County to clean the property and add the expenses to the homeowner at 5551 Rolling Hills Drive, Olive Branch, MS, taxes. The motion passed by a vote as follows: NO E. PLANNIG COMMISSION The Planning Commission brought several items before the Board of Supervisors as evidenced by the portion of the minutes submitted by the Planning Commission. **See Exhibit E** 1. Property Cleanup Walls Robbie Johnston 5725 Laurie Drive, Walls, MS Merritt Powell, Director of the Planning Commission, said property belonging to Anita Baker, 5748 Laurie Drive, Walls, MS, is located in the Twin Lakes Subdivision and it has been annexed into the City of Horn Lake. Mr. Powell said the house on the property burned and the property owner claims the Horn Lake Police won t let the property be touched and Anita Baker is waiting on her insurance to settle with her. Mr. Powell said the property would have to be cleared by the Fire and Police Department before the property could be cleared. Mr. Powell said the Horn Lake Code Enforcement Officers have advised him that once the property was released the property would be cleaned. No motions or actions were taken on this item. F. OLD BUSINESS 1. Approval of Youth Court YCAP Lease County Administrator David Armstrong said the Board of Supervisors had requested the Board Attorney to write for an AG s opinion regarding the authority of the County to lease property to YMCA for a nominal rent or no rent. The Board of G. L. C. 2 6/04/03

3 ITEM F.1, CONTINUED, Supervisors has authority to assign office space in County buildings and may assign such to the Youth Court. The Youth Court, may with the concurrence of the County, enter into an agreement with a designated organization providing space to the organization, which will assist the Court in carrying out its statutory duties. Mr. Armstrong said the Board Attorney has drawn up the lease agreement for Youth Court for the Board s approval. made the motion and seconded the motion to approve the lease agreement between the County and DeSoto County Youth Court. The motion passed by a vote as follows: **See Exhibit F.1 G. NEW BUSINESS 1. Jail Inspection The Board does hereby find that, pursuant to Section of the Mississippi Code Annotated, that 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 , 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 , to perform the required examination into the state and condition of the jail and to report back to the DeSoto County Board of Supervisors: The DeSoto County Board of Supervisors does hereby find that the above named committee has reported back to the DeSoto County Board of Supervisors. That 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 action at this time. The Board of Supervisors discussed the inspection of the Jail on June 2, made the motion and seconded the motion to approve the observed condition of the jail, and to state there was no overcrowding of the Jail, and does find the Jail to be in compliance and requiring no action at this time. The motion passed by a vote as follows: G. L. C. 3 6/04/03

4 ITEM G, CONTINUED, 2. County Engineer s Report County Engineer Andy Swims presented the Board of Supervisors a copy of his monthly engineer s report as follows: ENGINEERS REPORT MAY 2003 MAY ACTIVITIES 1 County Roads A. Swinnea Road Extension - from Bankston to Star Landing Met with Entergy regarding moving transmission poles, surveying days B. Church Pleasant Hill Specification revisions, advertised for bids, Questions from bidders, MDOT, etc C. Poplar Corner Road - Wrote legal description for 16 property owners and letter requesting donation 2 Drainage issues A. Response to constituents drainage problems - Barbara Furnash (935 Confederate Ridge), Jordan Johnson (Lake Forest South), Tina Pfahler (4046 Victoria Dr.), Barry Alred (1284 Odom Rd.). 3 Proposed Subdivision or development reviews, bonds, etc.. A. Delta Bluffs - Review of road over dam (Phases 9-16) B. Jordan Creek Estates - 100% plans review C. Delta Bluffs Phases 7 and 8-50% Plans review D. Cormorant Station P.U.D.- 100% plans review E. Greers Landing - 100% plans review F. Braybourne Subdivision Section G Phase 2-100% Plans review G. Belmor Lakes Section "C" - Set Bond H. Poplar Place - met with engineer and developer I. Scruggs Creek - Set Bond J. Center Hill Downs - Erosion Control issue K. Belmor Lakes - Met with Developer regarding erosion control problems L. North Eudora Farms - 50% plans review M. Grove Meadows - Set Bond 4 Miscellaneous - Meetings A. Board of Supervisors meeting B. Planning Commission meeting C. DCRUA meeting D. Stormwater Phase 2 meeting. Organization of years required tasks. E. Railroad abandonment meeting with Mississippi Development Authority F. Planning Staff training seminar at Hernando Museum G. Forum regarding "Watersheds in DeSoto County" hosted by NRCS H. Stormwater conference on erosion control in Memphis (Scott Young) I. Infrastructure Committee Meeting J. MDOT training regarding Project Development Manual K. DeSoto County MPO meeting 5 Miscellaneous - Other A. Gravel Pit Bonding - Memphis Stone and Gravel B. Property survey on new Civil Defense Property on Old Hwy 51 (2 days) C. GASB - Road cost accounting for 30 subdivision roads D. Letter to developers and engineer on the revision to the subdivision ordinances (partial) E. Dogwood Hollow Subdivision Sewer System F. Letter to utility companies regarding installing utilities along section line roads and development of utility owner list. G. DCRUA 90% submittal on Lower Camp Creek Force Main asked if the letters had been sent out on Poplar Corner Road. Andy Swims said he is still working on the letter to request donations of right G. L. C. 4 6/04/03

5 ITEM G.2, CONTINUED, of way and that he had done the legal description on 16 out of the 42 parcels. Andy Swims said he had looked at the drainage problem around the boxed culvert in the area on Poplar Corner Road and talked with Road Manager Russell Dorris about the drainage. He also talked with NRCS about the Lake Forest area that drains into Poplar Corner Road. Andy Swims said he had spent a lot of time in May working on Subdivision reviews and suggested that the Board consider an automatic increase on Bond amounts on Subdivisions each year. Andy Swims said we all know that the cost for supplies increases, so the amount of the bonds should go up accordingly. Supervisor Eugene Thach asked for recommendations to be brought to the Board. Andy Swims said when he spoke with Jim Ivy, he stated that there might be a problem on Surety Bonds and Letters of Credit. Andy Swims said he would recommend a 5% increase yearly. Board Attorney Bobby Chamberlin recommended carrying this subject over until some areas could be looked at. made the motion and seconded the motion to approve the County Engineer s Report for the month of May The motion passed by a vote as follows: **See Exhibit G.2** 3. Advertising County Resources DeSoto County Youth to FBLA Nationals, Dallas, TX made the motion and seconded the motion to advertise DeSoto County resources by contributing $ to the FBLA DeSoto County Youth to attend the Nationals in Dallas, Texas the week of June 24-28, In accordance with Section , of the Mississippi Code of 1972, the Board of Supervisors did make a determination that the above request would advertise the resources and possibilities of DeSoto County and thereby advance the moral, financial and other interests of DeSoto County. The Board of Supervisors noted that a pin must be worn during the competition, advertising the resources of DeSoto County. The motion passed by a vote as follows: **See Exhibit G.3** 4. New Election Equipment Paul Beale County Administrator David Armstrong said the Board has received a memo from Secretary of State Eric Clark regarding the New Voting Devices and the Help America Vote Act (HAVA), just after the Board of Supervisors approved the purchase of five additional optical scan machines. The memo suggested Counties refrain from purchasing voting equipment and said the Secretary of State intends to G. L. C. 5 6/04/03

6 ITEM G.4, CONTINUED, require the purchase of touch screen voting equipment in Mississippi by It stated a reimbursement or partial reimbursement would be available for the touch screen equipment. Election Commissioner Paul Beale said the Board has previously approved the purchase of five additional Optical Scan voting machines because there is not enough equipment for the coming elections due to an increase in polling places and by redistricting. The new machines will be needed for the elections this year. Paul Beale said that under the HAVA all 82 Counties would be required to purchase the touch screen voting equipment by 2006, in order to be handicap compliant. said if it is going to be a State Law, then we will have to buy the touch screens. Mr. Armstrong said Dale Thompson has been told we will be reimbursed for the optical scan equipment. Mr. Beale question the Secretary of State s authority for such a mandate. No motions or actions were taken on this item. **See Exhibit G.4** 5. Proposed New Animal Shelter County Administrator David Armstrong said the Board has received a commitment letter from the City of Hernando to participate with the County Animal Shelter. Mr. Armstrong said he is still waiting to hear from Mayor Rikard of Olive Branch and Mayor Thomas of Horn Lake. asked if an interlocal agreement would be required for the new shelter. Board Attorney Bobby Chamberlin said he would need the terms first. No motions were made on this item. **See Exhibit G.5** 6. Adopt-A-Road Justice Network of MS Getwell Road 1.4 miles to Starlanding Road & Curtis & Dorothy Taylor-Cathy Road 2 miles Vanessa Lynchard, Director of Administrative Services, said Road Manager Russell Dorris has submitted two Adopt-A-Road Agreements. One with the Justice Network of Mississippi for a section of Getwell Road from Starlanding Road to Pleasant Hill Road for a distance of approximately 1.4 miles, and one with the Curtis Scott Taylor and Dorothy Taylor Family for a section of Cathy Road, from Cathy Road and Red Banks Road intersection, east for 2 miles. These agreements need to be made a part of the Board minutes. made the motion and seconded the motion to make the Adopt-A-Road Agreements with Justice Network of Mississippi for a section of Getwell Road from Starlanding Road to Pleasant Hill Road, for a distance of approximately 1.4 miles, and with Curtis Scott Taylor and Dorothy Taylor Family for a section of Cathy Road, from Cathy Road and Red Banks Road intersection, east for 2 miles, a part of the Board minutes. The motion passed by a vote as follows: **See Exhibit G.6** ITEM G, CONTINUED, G. L. C. 6 6/04/03

7 7. Making State Aid Approval of Program of Road Projects Part of the Minutes made the motion and seconded the motion to make the State Aid Approval of the following road projects a part of the Board minutes: a. Red Banks Road (SAP-17 (7)M) b. Centerhill Road (SAP-17 (7)M) The motion passed by a vote as follows: **See Exhibit G.7** 8. Approval of Metro Narcotics Auction Contract for June 28, 2003 Based on Section , Mississippi Code of 1972 as amended, the Board of Supervisors shall have the power to sell and dispose of at public sale for cash, any personal property belonging to the County or any subdivision thereof when the same shall have ceased to be used for County purposes or when, in the judgement of said Board, a sale thereof would promote the best interest of the County. Said sale shall be advertised by posting notices at three public places in the County, at least ten days prior to such sale, one of which said notices shall be posted at the courthouse. The proceeds of said sale shall be placed in the County depository to the credit of the proper fund. Where said property shall not exceed $ in value the same may be sold and disposed of by the Board of Supervisors at a private sale by the unanimous vote of the members of the Board of Supervisors and the proceeds thereof disposed of as above provided. However, if the Board of Supervisors find consistent with fact that the fair market value of the personal property is zero and this finding is duly entered on the minutes of the Board, then the personal property in question may be disposed of as deemed to be appropriate and in the best interest of the County, provided that no County official or employee derives any personal economic benefit from such disposal. If any of such property may be of use or benefit to the United States government in its national defense effort, the Board of Supervisors is hereby authorized in its discretion to turn over such property to the Unites Sates government by way of a donation thereto. made the motion and seconded the motion to approve the Metro Narcotics Auction June 28, The motion passed by a vote as follows: **See Exhibit G.8** 9. Approval of Travel for BOS ITEM G.9, CONTINUED, County Administrator David Armstrong said he and had been invited to attend the Mississippi Municipal League (MML) Conference for June G. L. C. 7 6/04/03

8 30 thru July 3, 2003 at the MS Coast Coliseum and Convention Center in Biloxi. The session they will attend deals with the efforts that Cities and Counties make together to provide more opportunities, services and savings to their citizens. The Board needs to approve the travel to Biloxi for this conference. made the motion and seconded the motion to approve the travel expense and hotel accommodations for Supervisor Tommy Lewis and County Administrator David Armstrong to the MML Conference for the date of June 30 thru July 3, 2003, in Biloxi, MS. The motion passed by a vote as follows: **See Exhibit G.9** 10. Inventory Disposition At the recommendation of Inventory Clerk Vanessa Lynchard, Supervisor Jessie Medlin made the motion and seconded the motion to approve the inventory disposition receipts from the Inventory Clerk pursuant to Section of the Mississippi Code, and did approve the dispositions on the following reports as follows: a. E-911 Final Disposition ITEM SERIAL NO. Location IBM Computer 23-A BFI IBM Monitor C5F7NF13CM14 BFI Keyboard BFI Dictaphone Recorder BFI BFI BFI BFI Guardian Q77996 BFI Konica Copy Machine BFI Ultratec Tddy Machine SPR BFI SPR BFI b. BOS Preliminary Disposition Asset# Serial # Description Reason for Disposal Location Nokia 5165 Cell phone Broken Vanessa L. office MX2651DIV5 HP 940C Printer Defective Returned to Vendor Mobile Phone Broken Vanessa L. office The motion passed by a vote as follows: **See Exhibit G.10** CONTINUED, G. L. C. 8 6/04/03

9 H. EXECUTIVE SESSION The executive session portions of these minutes are recorded under the portion of the minutes called "Executive Session". I. OTHER ISSUES 1. Health Department made the motion and seconded the motion to send a letter regarding the Dogwood Hollow Sewer Lagoon problems to the State Health Department, based on the recommendation of the Planning Commission. The motion passed by a vote as follows: 2. Interlocal Agreement with Hernando for Building Inspection Permits Board Attorney Bobby Chamberlin said the Board needs to approve sending the Interlocal Agreement between the City of Hernando and the County Planning Commission on Building Inspection Permits to the Attorney General for approval. made the motion and seconded the motion to approve sending the Interlocal Agreement between the City of Hernando and the County Planning Commission on Building Inspection Permits to the Attorney General for approval. The motion passed by a vote as follows: **See Exhibit I.2** made the motion and seconded the motion, to recess the meeting until June 23, 2003 at 9:00 am. The motion passed by a vote as follows: THIS the 4 TH day of June 2003, these minutes have been read and approved by the DeSoto County Board of Supervisors. Gerald L. Clifton, President DeSoto County Board of Supervisors G. L. C. 9 6/04/03