Harrison County, Mississippi

Minutes

Board of Supervisors

9:30 AM Biloxi Monday, May 9, 2011

ROLL CALL

STATE OF MISSISSIPPI COUNTY OF HARRISON BE IT REMEMBERED, that a regular meeting of the Board of Supervisors of Harrison County, Mississippi was begun and held in the meeting room of the Board of Supervisors of Harrison County, located in the Second Judicial District Courthouse in Biloxi, Mississippi on the SECOND MONDAY OF MAY 2011, being May 9, 2011, the same being the time fixed by law and the place fixed by order of the Board of Supervisors of Harrison County at a former meeting thereof for holding said meeting of said Board. THERE WERE PRESENT and in attendance on said Board, W. S. Swetman III, President, presiding; Kim B. Savant, William W. Martin, and Connie M. Rockco, members of said Board of Supervisors; Tal Flurry, Tax Assessor for Harrison County, Mississippi; Melvin Brisolara, Sheriff of Harrison County, Mississippi; and John McAdams, Chancery Clerk and Ex-Officio Clerk of the Board. Supervisor Marlin R. Ladner was absent and excused. WHEREUPON, after proclamation of the Sheriff, the following proceedings

were had and done, viz:

W.S. Swetman III; Kim Savant; William Martin and Connie Rockco Present 4 -

Marlin Ladner Absent & Exc 1 -

11-0765 1 Representatives from the U.S. Geological Survey Water Science Center appeared before the Board to present information on groundwater resources in Harrison County and to seek the continued financial support by the Harrison County Board of Supervisors of their mission, the monitoring of over 100 wells.

NO BOARD ACTION.

11-0764 2 Dr. Willis H. Lott, who will retire on June 30, 2011, introduced the incoming President of the Mississippi Gulf Coast Community College, Dr. Mary S. Graham. He thanked the Board for their continued support of the MGCC.

NO BOARD ACTION.

11-0851 3 Wayne Machado, with Mosquito Control Services, appeared before the Board to report their findings of the mosquito control survey in Harrison County,

Page 1 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

performed at no cost to the county. The Board took the report under advisement, and will consider requests for proposals so that during budget hearings they can decide whether or not to outsource this service next fiscal year beginning October 1, 2011.

NO BOARD ACTION.

CONSENT AGENDA

Approval of the Consent Agenda

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, to

approve the Consent Agenda. The motion carried by the following vote

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0790 4 ORDER spreading on the minutes employment changes for the Tax Assessor's office, as listed and on file with the Payroll Clerk and the Personnel Department: Robert Stinziano, status change from Real Property Appraisal Supervisor to Chief Appraiser, replacing Guy Jarman who retired effective April 1, 2011 (within budget). Alicia Cothen, status change from Mapper/Abstractor to Mapper/GIS Specialist, effective May 1, 2011 (within budget).

This Order is hereby APPROVED by consent roll call.

11-0854 5 ORDER acknowledging receipt of, and approving petitions for decreases and increases to the 2010 Real Property Roll, as recommended by the Tax Assessor.

DECREASES & INCREASES TO THE REAL PROPERTY ROLL 5-9-2011

Attachments:

This Order is hereby APPROVED by consent roll call.

11-0825 6 ORDER approving docket of claims for services provided to the Harrison County Emergency Communications Commission, as approved by the Commission at its April 28, 2011 meeting: Dukes, Dukes, Keating & Faneca, P.A. in the amount of $4,037.40, Invoice #73840, legal services for the period of March 2011, payable from 097-287-550.

Dukes, Dukes, Keating & Faneca, P.A. Attachments:

Page 2 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

This Order is hereby APPROVED by consent roll call.

11-0866 7 ORDER adjudicating overtime in the Sand Beach Department, as per attached list.

OVERTIME APRIL Attachments:

This Order is hereby APPROVED by consent roll call.

11-0835 8 ORDER accepting resignations, as listed: Christopher Kangas, Fire Services, full-time Firefighter II, effective 5/2/11.

This Order is hereby APPROVED by consent roll call.

11-0836 9 ORDER approving terminations, as listed: Michele Herman, Law Library, part-time Assistant Librarian, effective 5/21/11. Richard Forester, Tourism, Executive Director, effective 5/31/11. (Correction to 5/2/11 Agenda entered in resignations in error. Contract not renewed)

This Order is hereby APPROVED by consent roll call.

11-0838 10 ORDER accepting resignations for Harrison County Sheriff's Office, as listed: Brittany Casey, full-time Corrections Officer, effective 4/23/11. (CA 152) David Saucier, full-time Corrections Officer, effective 4/21/11. (CA 107) Perry Bartley, full-time Corrections Officer-FTO, effective 4/18/11. (CA 112)

This Order is hereby APPROVED by consent roll call.

11-0844 11 ORDER designating the Purchase Clerk, the Chancery Clerk, and any Department Head, as needed, as the Board representatives, to receive bids, as listed: a) May 24, 2011 at 10:30 a.m. - One mobile trail-mounted radio tower for the Harrison County E-911 Commission.

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May 9, 2011 Board of Supervisors Minutes

b) May 31, 2011 at 5:00 p.m. - RFQ engineering phase services for Mississippi Highway 605 Frontage Road. c) June 2, 2011 at 10:30 a.m. - Provisional debris removal and disposal services. This Order is hereby APPROVED by consent roll call.

11-0872 12 ORDER spreading on the minutes the list of low quote purchase orders issued by the Purchasing Department for the month of April, 2011.

20110504130007721 Attachments:

This Order is hereby APPROVED by consent roll call.

11-0874 13 ORDER spreading on the minutes the list of emergency purchase orders approved by the Purchasing Department for the month of April, 2011.

20110504141056748 Attachments:

This Order is hereby APPROVED by consent roll call.

11-0821 14 ORDER approving claims docket, per statute. [CLAIMS DOCKET SUMMARY APPEARS AS ATTACHMENT 1.]

Claims Docket Summary 5.9.11.0000.pdf Attachments:

This Order is hereby APPROVED by consent roll call.

11-0822 15 ORDER approving fee settlement payment to Harrison County constables for the month of May 2011, as submitted by the Justice Court Clerk and on file with the Clerk of the Board.

This Order is hereby APPROVED by consent roll call.

11-0824 16 ORDER accepting the bond issue Arbitrage Rebate Computation proposal, as required by the Bond Covenants, from AMTEC in the amount of $12,000.00, and authorizing the Board President to execute the contract upon receipt.

Arbitrage Rebate Computation Proposal 5.9.11.0000.pdf Attachments:

This Order is hereby APPROVED by consent roll call.

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May 9, 2011 Board of Supervisors Minutes

11-0828 17 ORDER authorizing redemptions for erroneous tax sales, as listed: JOHN McADAMS - SECOND JUDICIAL DISTRICT a) $3,730.26, erroneous tax sale for 2009 taxes, Parcel #1410G-03-019.000, erroneous special assessment - assessed to wrong property.

Land Redemption 5.9.11.0000.pdf Attachments:

This Order is hereby APPROVED by consent roll call.

11-0830 18 ORDER acknowledging receipt of Annual Financial Report for calendar year 2010, filed by Constable Paul B. Johnson.

Johnson Constable Report 5.9.11.0000.pdf Attachments:

This Order is hereby APPROVED by consent roll call.

11-0858 19 ORDER approving reduction in assessment of real property for various years, as listed and as recommended by the Tax Assessor:

a) Parcel #0909A-01-001.025, 639 N. Dupre LLC, 2008 taxes, exempt/belongs to Harrison County Development Commission, name changed in error.

b) Parcel #0909A-01-001.025, 639 N. Dupre LLC, 2009 taxes, exempt/belongs to Harrison County Development Commission, name changed in error.

c) Parcel #0909A-01-001.026, 639 N. Dupre LLC, 2008 taxes, exempt/belongs to Harrison County Development Commission, name changed in error.

d) Parcel #0909A-01-001.026, 639 N. Dupre LLC, 2009 taxes, exempt/belongs to Harrison County Development Commission, name changed in error.

e) Parcel #0909A-01-001.027, 639 N. Dupre LLC, 2008 taxes, exempt/belongs to Harrison County Development Commission, name changed in error.

f) Parcel #0909A-01-001.027, 639 N. Dupre LLC, 2009 taxes, exempt/belongs to Harrison County Development Commission, name changed in error.

Reduction in Assessment 5.9.11.0000.pdf Attachments:

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May 9, 2011 Board of Supervisors Minutes

This Order is hereby APPROVED by consent roll call.

11-0863 20 ORDER engaging Mesirow Financial, Inc. to provide valuation services in connection with the outstanding interest rate swap agreements as of September 30, 2009 for a fee of $15,000.00, and authorizing the Board President to execute the agreement for said services.

Mesirow Financial Agreement 5.9.11.0000.pdf Attachments:

This Order is hereby APPROVED by consent roll call.

11-0846 21 ORDER adjudicating signature by the Board President of the grant SW807 agreement with the Mississippi Department of Environmental Quality for the household hazardous waste collection program in the amount of $17,014.00.

SW807 grant agreement Attachments:

This Order is hereby APPROVED by consent roll call.

11-0718 22 ORDER acknowledging receipt of the Request for Review of application filed with the Mississippi Department of Marine Resources, as listed: a) Application by Steven Kingsley; DMR-110281. b) Application filed by the Mississippi State Port Authority; DMR-9707019.

DMR-110281 DMR-9707019

Attachments:

This Order is hereby APPROVED by consent roll call.

11-0842 23 ORDER acknowledging receipt of and spreading upon the minutes the resignation letter from Robert E. Jones as a member of the West Harrison Water & Sewer District.

Resignation letter Attachments:

This Order is hereby APPROVED by consent roll call.

11-0847 24 ORDER adjudicating travel with county vehicle for Mike Andrews, Safety/Environmental Officer, May 5 and 6, 2011 to Parchman, Mississippi to

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May 9, 2011 Board of Supervisors Minutes

provide training for the Parchman Prison Fire Department at no cost to the county. (Expenses paid through MSU NIMS training grant.) M. Andrews travel Attachments:

APPROVED by consent roll call.

11-0873 25 ORDER adjudicating the employment of Board Attorney Tim C. Holleman, Boyce Holleman & Associates, to represent the Board of Supervisors in litigations, as listed: a) TLR-VI, LLC v. Harrison County, Mississippi, et al, Cause No. C-2402 11-285(3). b) TLR-VI, LLC v. Harrison County, Mississippi, et al, Cause No. 11-00894-3. c) Mamie Johnson, et al. v. the State of Mississippi, et al, Cause No. 2011-00065(1).

Johnson Mamie v State (Summons Served on Harrison County) Orders Adjudicating Employment 5.9.11.0000.pdf

Attachments:

APPROVED by consent roll call.

END OF CONSENT AGENDA

11-0877 26 ORDER finding that Charles Riles (previously Teresa Losada), owner of the property located at 14328 Road 108, Biloxi, Mississippi, being tax parcel No. 1307A-01-038.000, has complied with the Board order requesting him to complete cleaning of the property previously declared derelict on January 10, 2011 by May 9, 2011. (See attached letter and pictures from Theresa Hydrick with the Code Office, confirming the findings.)

scan0018 scan0019 scan0020 scan0021 scan0022 scan0023

Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Savant, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0855 27 ORDER approving the final plat for The Preserve at Fairgrounds Village Phase III, situated in Section 27, Township 6 South, Range 12 West, located in Supervisor's Voting District Two, as recommended by Daniel R.

Page 7 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

Boudreaux, County Engineer. (Two-year maintenance and completion bond is on file with the Engineering Department.) [DETAILED ORDER APPEARS AS ATTACHMENT 1.]

Final Plat Order.The Preserve.5.9.110000.pdf PRESERVE PLAT-PHASE-3

Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0713 28 ORDER approving the request of the Youth Court to add the position of Volunteer/Mentor Coordinator at a rate of $36,000.00 per year. (Money is in the budget due to a vacated position that will not be replaced.)

Mentor position Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Savant, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0791 29 ORDER approving the maintenance agreement with Geiger Heating and Air, at a cost of $11,485.00 for one year, for the yearly inspections and maintenance of the Gulfport Data Center APC cooling systems, as recommended by Chris Atherton, Interim I.T. Director.

Geiger Heating and Air Proposal.pdf Computer AC APC Proposal.pdf Geiger Recommendation 04262011.pdf

Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0867 30 ORDER approving the Memorandum of Understanding (MOU) with the Mississippi Coastal Plains Resource Conservation & Development Council, Inc. for the Cogongrass Control Program, appropriating $10,000.00 for the County's share of the program payable from the Road Fund 150-300-581, and authorizing the Board President to execute same.

Page 8 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

COGONGRASS PROGRAM Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Savant, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0869 31 ORDER authorizing advertisement for bids for purchase of one or more mid-size rollers for use by the Road Department.

MID-SIZE ROLLER Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0843 32 ORDER approving payments from the tort account, as listed: a) $12,277.55 payable to Dukes, Dukes, Keating & Faneca, P. A. for tort litigation. b) $1,288.93 payable to Associated Adjusters on claim of Jermaine Winters. c) $1,819.80 payable to Allen & Gooch, on claim of John Hale, Invoice #119014. d) $855.00 payable to Allen & Gooch, on claim of John Hale, Invoice #116744. e) $308.00 payable to Allen & Gooch, on claim of John Hale, Invoice #124439.

5 9 2011 tort payments Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0849 33 ORDER concurring with the County Administrator on employment, as listed and as on file with the Payroll Clerk and Personnel Department:

Page 9 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

Ronald Krohn, Sand Beach, temporary full-time Equipment Operator I, effective 5/5/11. Jessica Stockman, Youth Court Shelter, Relief Child Care Worker, effective 5/2/11. Courtney Reynolds, Youth Court Shelter, Relief Child Care Worker, effective 5/2/11. Kirsten Bond, Youth Court Shelter, Relief Child Care Worker, effective 5/2/11. Dominique Eckford, Youth Court Shelter, Relief Child Care Worker, effective 5/2/11.

5 9 2011 Employment for CA Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Savant, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0875 34 ORDER concurring with the Road Manager on employment, as listed and as on file with the Payroll Clerk and Personnel Department: Levi Davis, Road Dept./D'Iberville Work Center, temporary full-time laborer, effective 5/24/11.

5 9 2011 Employment for RM Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0840 35 ORDER spreading on the minutes employment for Harrison County Sheriff’s Office, as listed and on file with the Payroll Clerk and Personnel Department: Bianca Guice, full-time Transport Officer, effective 5/2/11. (AT 011) Zachary Kaletsch, full-time Corrections Officer, effective 4/28/11. (CA 005)

Page 10 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

5 9 2011 Employment for SO Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0839 36 The Sheriff's representative reported that 900 persons are currently housed in the Harrison County Jail Facilities; 809 are located at the main building and 91 in pods. These numbers include 91 misdemeanors and 121 females. Sixty-three persons are on the OTU program. The Sheriff's Department is reviewing its procedures after a prisoner's escape this weekend.

NO BOARD ACTION.

11-0797 37 ORDER approving a one-year consulting agreement by and between the Sheriff of Harrison County and Robert E. Simmons, d/b/a The Simmons Network (Consultant), to seek grants, funding sources and other assistance for the Sheriff's Office, at a fixed rate of $1,500.00 per month, effective March 8, 2011, and authorizing the Sheriff and the Board President to execute same.

20110427092725564 Attachments:

[This one-year contract will be paid from forfeiture funds.]

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the Order be APPROVED by the following vote: Aye: 4 - Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin,

and Supervisor Connie Rockco

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0804 38 ORDER authorizing the Harrison County Sheriff's Department to apply for funding through National Institute of Justice's Paul Coverdell Forensic Science Improvement Grant (no match required).

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0856 39 ORDER taking off the table item No. 62 of the May 2, 2011 meeting regarding the low quote of Krol Electric Inc. in the amount of $23,788.00 for the construction of a 30'x60' concrete slab for new mobile command building, payable from 029-215-922, forfeiture.

Page 11 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0860 40 ORDER approving the low quote construction of a 30'x60' concrete slab for new mobile command building from Krol Electric, Inc. for $23,788.00, payable from 029-215-922, forfeiture, and authorizing the Board President to execute the contract therefor.

slab Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0857 41 ORDER taking off the table item No. 63 of the May 2, 2011 meeting regarding the purchase and installation of a 30'x60'x16' metal building for the mobile command from the low quote submitted by Delta Construction, Inc. in the amount of $23,448.96, payable from 029-215-922, forfeiture.

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0859 42 ORDER approving the low quote purchase and installation of a 30'x60'x16' metal building for the mobile command from Delta Construction, Inc. for $23,448.96, payable from 029-215-922, forfeiture, and authorizing the Board President to execute the contract therefor.

building Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Page 12 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0868 43 ORDER approving budget amendments, as listed below, in the amount of $30,000.00 from account 001-200-486 (Training & Education) for funds received as reimbursement for tuition expenses from the State of Mississippi: 001-200-645 Custodial Supplies $ 5,000.00 001-200-680 Tires & Tubes $15,000.00 001-200-681 Repair & Replacement Parts $ 5,000.00 001-200-695 Other Consumable Supplies $ 5,000.00

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0811 44 ORDER rescinding the order adopted April 11, 2011 (Item # 30) accepting the proposal of S.H. Anthony, Inc. in the amount of $1,948.50 per month for operations and maintenance of the water system, wastewater system and sewer collection system for a period of one year for the hurricane shelters located at 9509 Lobouy Road, 23771 Saucier-Lizana Road and 15035 County Farm Road, and authorizing the Board President to execute same. (The Mississippi Department of Health requires two inspections per week instead of one as stated in the contract.)

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant and Supervisor William Martin

3 -

Absent & Exc: Supervisor Marlin Ladner 1 -

Out On Vote: Supervisor Connie Rockco 1 -

11-0812 45 ORDER accepting the proposal of S.H. Anthony, Inc. in the amount of $3,365.16 per month for operations and maintenance of the water system, wastewater system and sewer collection system, for a period of one year, for the hurricane shelters located at 9509 Lobouy Road, 23771 Saucier-Lizana Road and 15035 County Farm Road, and authorizing the Board President to execute same.

S.H. Anthony updated contract Health Dept. regulations

Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Page 13 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant and Supervisor William Martin

3 -

Absent & Exc: Supervisor Marlin Ladner 1 -

Out On Vote: Supervisor Connie Rockco 1 -

11-0845 46 ORDER authorizing the Board President to execute Modification No. 2 to Grant NO. R-103-024-04-KED, John Hill Boulevard Project, combining several line items into a single line item.

Modification No. 2 John Hill Blvd Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant and Supervisor William Martin

3 -

Absent & Exc: Supervisor Marlin Ladner 1 -

Out On Vote: Supervisor Connie Rockco 1 -

11-0853 47 ORDER approving budget amendment in the amount of $5,153.00 to account 030-218-921 for unspent money of Coroner's Grant #09HS024 awarded in FY 2010.

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0880 48 ORDER acknowledging receipt of the full release of claims in the matter of Joseph Westbrook and of check No. 4431 from Hopkins County, Texas in the amount of $30,000.00, to be deposited in the proper account, and approving payment of claims, as listed: a) $19,206.50 to Memorial Hospital b) $4, 625.00 to Dr. George Dagher c) $6,168.50 disbursement of attorney's fees

Westbrook Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

Page 14 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

11-0864 49 ORDER acknowledging receipt of the letter from Judge Roger T. Clark, dated March 22, 2011 regarding the condition of the Circuit courtrooms at the Gulfport courthouse, and authorizing the Board Attorney to advise Judge Clark that this matter will be considered during budget hearings.

Judge Clark 3.22.11 Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0748 50 ORDER approving funding for the new Harrison County Motor Vehicle for Hire Commission in the amount of $2,000.00, payable from 001-100-750.

HC Motor vehicle for hire invoice Attachments:

[The cities of Gulfport and Biloxi will be requested to provide the same funding. CTA is providing administrative support at this time, until the commission can start collecting fees. Mr. John Harral, the commission's attorney, is working on the regulations for said commission.]

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0848 51 ORDER approving the request of Partnership for Rural America Campaign for Harrison County to join their organization and pay $200.00 in dues for 2011 payable from 001-100-571. This represents 1/10 of 1% of the 2008 funds received under the Secure Rural Schools and Community Self Determination Action ($208,000.00).

Partnership for Rural America Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0712 52 ORDER allocating additional funds, when available, estimated at $433,000.00 each per local public agency (county, Biloxi and Gulfport) to fund the Debuys Road improvement project to allow the project to be placed on the Surface Transportation Improvement Project list and to be assigned a project number.

Page 15 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

Machado letter re. debuys Road Attachments:

[This 80/20 project will fund the construction phase of this project. The MGCCC will provide around 50% of the rights of way needed.]

A motion was made by Supervisor Rockco, seconded by Supervisor Savant, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0862 53 ORDER concurring in the resolution of the Harrison County Development Commission authorizing the extension of the contract for the development of a Harrison-Stone 50 year economic development plan to May 31, 2011, and authorizing the Harrison County Development Commission to enter into a contract extension (Exhibit "A") made between the Harrison County Development Commission, Stone County Economic Development Partnership, Harrison County Board of Supervisors, and the Stone County Board of Supervisors by way of the Interlocal Agreement dated August 26, 2009 and Broaddus and Associates, and authorizing this Board to concur with said contract extension with Broaddus & Associates. [DETAILED ORDER APPEARS AS ATTACHMENT 1.]

Broaddus Extension Order 5.9.11.0000.pdf Exhibit A - Broaddus Amendment

Attachments:

[Mr. Hessell explained that this 50-year long range plan needed additional time to complete due to the complexity of the project.]

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0879 54 ORDER approving a Memorandum of Understanding by and between Harrison County, Mississippi, and the Mississippi Coast Coliseum Commissions for the years 2010-2011 ending December 31, 2011, and authorizing the Board President to execute same.

MOU w. MCCC Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

Page 16 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

11-0749 55 ORDER appointing or reappointing the following members of the Harrison County Senior Resource Agency: a) Carolyn Clark, representing Supervisor's Voting District 2 for a term ending January 30, 2016. b) Thad Anderson, representing Supervisor's Voting District 5 for a term ending January 30, 2016. c) Elizabeth Joachim, representing Supervisor's Voting District 1 for a term ending January 1, 2015, replacing Marie Manning whose term expired January 30, 2010 and who has continued to serve at the pleasure of the Board.

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0865 56 ORDER authorizing the Board President to execute the lease agreements for the Harrison County Fairgrounds covered arena with parties listed: a) Pete Crain, for Special Olympics competition on May 21, 2011.

Crain lease Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Martin, that the

Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0876 57 ORDER acknowledging receipt of and approving various documents as listed, submitted and approved by Eley Guild Hardy Architects, and authorizing the Board President to execute same: a) Construction Change Directive No. 9 in the amount of $1,666.80, for work performed by Trademark Construction, Inc. on the Harrison County Governmental Complex and Library, Katrina Supplemental CDBG Project No. R-109-024-02-KCR.

Change directive No. 9 Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Savant, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Page 17 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0878 58 ORDER authorizing advertisement of county resources, as listed, payable from 002-100-522: a) $250.00 to the Harrison Central High Cheerleader's Booster Club for name to be printed on the HCHS Cheerleader sponsor T-shirt during the 2011-2012 football season.

HCHS adv. Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0852 59 ORDER approving travel, as listed: a) Seniors to travel with county bus to Bay St. Louis, Mississippi on May 10, 2011, at no cost to the county. b) Seniors to travel with county bus to Gulf Shores, Alabama on May 23, 2011, at no cost to the county.

5.9.11 travel Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Savant, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0823 60 ORDER acknowledging receipt of Minutes and Expenditures of the Harrison County Development Commission for the meeting of March 22, 2011, received by and on file with the Clerk of the Board/County Auditor, per § 59-9-27(2), Miss. Code of 1972 Annotated.

A motion was made by Supervisor Martin, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

Page 18 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

11-0829 61 ORDER approving payment of claims, as listed: a) $23,937.93 to High Cotton Food Services, Invoice # 32911, Harrison County Adult Detention Center, 3/22/11 - 3/28/11, payable from 001 239 694. b) $24,112.51 to High Cotton Food Services, Invoice # 42611, Harrison County Adult Detention Center, 4/19/11 - 4/25/11, payable from 001 239 694. c) $3,808.34 to Boyce Holleman & Associates, retainer for professional services for month of April 2011. d) $10,087.37 total to Dukes, Dukes, Keating & Faneca, P.A., Sheriff's Department administrative files as follows: $10,027.37, general administrative matters, invoice #74158; $60.00, Civil Service matters, Invoice 74159. e) $410,748.00 to Starks Contracting Company, Inc., Application for Payment #9, replacement & relocation of Gulfport Library, submitted for payment by Eley Guild Hardy Architects and payable from 170 367 581. f) $65,249.59 to Jefcoat Construction LLC, Application for Payment No. 1, Amos Crouch Splash Park, recommended for payment by County Engineer Daniel R. Boudreaux and payable from 307 545 641. g) $19,237.25 to H. Gordon Myrick, Inc., Final Application and Certification for Payment No. 10, New Long Beach Pavilion, approved for payment by Eley Guild Hardy Architects and Robert Weaver and payable from 170 369 904. h) $330,076.05 to White-Spunner Construction, Inc. for Application and Certificate for Payment No. 13, 08-087C Harrison County Shelter-Site 3; County Farm and payable from 030-295-581. i) $80,227.45 to White-Spunner Construction, Inc. for Application and Certificate for Payment No. 13, 08-087B Harrison County Shelter-Site 2; Saucier/Lizana Road and payable from 030 294 581. j) $104,876.07 to White-Spunner Construction, Inc. for Application and Certificate for Payment No. 13, 08-087A Harrison County Shelter-Site 1; Lobouy Road and payable from 030 293 581.

Claims (a) - (f) 5.9.11.0000.pdf Claims (g) 5.9.11.0000.pdf Claims (h-j) 5.9.11.00000000.pdf

Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

1104HC063 62 ORDER concurring with the Planning Commission to approve Case File 1104HC063 for a Zoning Map Amendment & Conditional Use Permit as requested by David and Kathy Ladner requesting approval to change the zoning district classification of a one acre parcel of land from an A-1 (General Agricultural) District to a R-2 (Medium Density Residential) District for the purpose of placing a manufactured home thereon. The placement of a manufactured home in the R-2 district requires a Conditional Use Permit from the Planning Commission. The subject property is located at 11400 Edwin Lander Road. The ad valorem tax parcel number is a portion of 0108 -07-003.000. Supervisor District 3.

Page 19 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

[DETAILED ORDER APPEARS AS ATTACHMENT 1.]

Order 1104HC063 5.9.11.0000.pdf 1104HC063 Staff Report Map Amend & Cond Use 1104HC063 Site plan 1104HC063 map 1104HC063 image 1104HC063 Survey & Approved split 1104HC063 ZMA Application 1104HC063 CUP Application 1104HC063 Deed 1104HC063 Adj list

Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Swetman III, that the Zoning Map Amendment / Conditional Use Permit be APPROVED by the

following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0888 63 RESOLUTION honoring Dr. Willis H. Lott on the occasion of his retirement after 12 years of service to Harrison County, to his community and to the students of Harrison County as President of the Mississippi Gulf Coast Community College, and for related purposes. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1.]

Lott Resolution 5.9.11.0000.pdf Attachments:

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Resolution be ADOPTED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0889 64 The following items came on for discussion by the Board: a) The Board President recognized former District 1 Supervisor Bobby Eleuterius. b) Supervisor Rockco commented on her trip to Cuba. c) Supervisor Martin reported heavy flooding in Bolivar County and asked if we could provide any unused trailers. The County Administrator stated that a flyer is being prepared for employees to make donations to the tornado and flood victims.

NO BOARD ACTION.

Page 20 Harrison County, MS

May 9, 2011 Board of Supervisors Minutes

11-0890 65 ORDER entering closed session to discuss whether or not to enter into execute session to discuss: a) Litigation involving the estate of Woodrow Pringle III, deceased, Cause No. 10-03919-1. b) Litigation styled Zeta McBroom v. Sheriff George Payne, et al., Civil Action No. 1:06-cv-1222-LG-JMR. c) Litigation involving redistricting, Civil Action No. 1:10-cv-564-LG-RHW.

A motion was made by Supervisor Savant, seconded by Supervisor Rockco, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0891 66 The Board voted by show of hands to enter into executive session.

NO BOARD ACTION.

11-0892 67 ORDER reconvening from executive session into open session. The Board Attorney reported that the Board received an update on the above listed litigations. No official action was taken.

A motion was made by Supervisor Rockco, seconded by Supervisor Martin, that

the Order be APPROVED by the following vote:

Aye: Supervisor W.S. Swetman III; Supervisor Kim Savant; Supervisor William Martin and Supervisor Connie Rockco

4 -

Absent & Exc: Supervisor Marlin Ladner 1 -

11-0893 ADJOURN the May 2011 term in the Second Judicial District. [SIGNATURE PAGE APPEARS AS ATTACHMENT 1.]

Signature Page 5.9.11.0000.pdf Attachments:

Page 21 Harrison County, MS