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
Date
5/1/07 / 5/1/07 / $68,340.12 / Admin Fees
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 / $3,556,393.22
February Book Balance / $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: General County Fund $25,000.00 (001-000-054)

To: EMA Grants Fund $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 $112,473.66 $73,115.10

November 2006 $ 88,824.35 $57,591.35

DECEMBER 2006 $ 94,623.01 $62,555.52

JANUARY 2007 $102,801.27 $69,053.79

FEBRUARY 2007 $115,007.61 $73,225.11

MARCH 2007 $106,468.49 $67,264.99

TOTALS $620.198.39 $402,805.86

CRIMINAL CASES FILED: 4,666

CIVIL CASES FILES: 2.016

May, 2007

Criminal Cases Filed 50 State Assessments $ 47,345.00

Civil Cases Filed 411 County General Fund $ 82,391.24

Traffic Tickets Filed 723 Total Collections $129,736.24

Total Cases Filed 1,184

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

Reason for Location at

Asset # Serial # Description Disposal Preliminary

36732 13980384LL Wood Chest Freezer Broken/unfixable Animal Services

35481 13544981HL Wood Chest Freezer Broken/unfixable Animal Services

b.  Final

(1.) IT Department

Reason for Disposed Location at

Asset # Serial # Description Disposal of By Final

31270 CN14T6C0G8 HP Printer Broken KE 5R Processor

31497 50808661 Ibicio Calculator Broken KE 5R Processor

6115 013884 DDC Terminal Obsolete KE 5R Processor

6110 013874 DDC Terminal Obsolete KE 5R Processor

30425 40u0059552 Epson Printer Broken KE 5R Processor

5082 115B708 Lexmark Printer Broken KE 5R Processor

8322 40u116763 Epson printer Broken KE 5R Processor

6107 013871 DDC Terminal Obsolete KE 5R Processor

6194 210203 DDC Terminal Obsolete KE 5R Processor

32051 94317166JK Clone PC Broken KE 5R Processor

30796 F02497665 Tripplite UPS Broken KE 5R Processor

30797 F02497664 Tripplite UPS Broken KE 5R Processor

33138 MY358B11SC HP Fax Printer Broken KE 5R Processor

30477 SG93V13166 HP Deskjet Printer Broken KE 5R Processor

30243 4OU00054125 Epson Printer Broken KE 5R Processor

6150 4161088292 Epson Printer Broken KE 5R Processor

33417 NB15H9NW813321 Samsung Monitor Broken KE 5R Processor

30714 0018223465 Gateway Computer Broken/Parts KE 5R Processor

30715 SSG9AE1311Z HP Printer Broken KE 5R Processor

30472 SG99413OGJ HP Printer Broken KE 5R Processor

37019 N / A Ext Hard Drive Broken KE 5R Processor

(2.) Justice Court

Reason for Disposed Location at

Asset # Serial # Description Disposal of By Final

30990 CN0721R16F HP Deskjet Printer Broken KE 5R Processor

The motion passed by a unanimous vote. See Exhibit E

F. OLD BUSINESS

G. NEW BUSINESS

1.  Board of Education – Request to Amend Development Approval Process

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.

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

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.