Desoto County Board of Supervisors Board Meeting

DESOTO COUNTY BOARD OF SUPERVISORS

BOARD MEETING MINUTES

DISTRICT FIVE SUPERVISOR MICHAEL LEE, PRESIDING

September 18, 2017

A. CALL TO ORDER

The September 18, 2017 meeting of the DeSoto County Board of Supervisors was called to order by Supervisor Michael Lee, Board President.

Deputy Bruce Holbrook opened the DeSoto County Board of Supervisors meeting in a regular session to hear all business before the Board of Supervisors. The following officials were present:

Supervisor Jessie Medlin District 1 Supervisor Mark Gardner District 2 (came in later in morning) Supervisor Bill Russell District 3 Supervisor Lee Caldwell District 4 Supervisor Michael Lee District 5 Chief Deputy Macon Moore Sheriff’s Department Misty Heffner Chancery Clerk Vanessa Lynchard County Administrator Tony Nowak Board Attorney

B. INVOCATION

Environmental Services Director Ray Laughter offered the invocation.

C. PLEDGE OF ALLEGIANCE

D. CITIZEN REMARKS & PRESENTATIONS

Supervisor Lee asked if anyone had anything to say to the Board that was not on the agenda. No one came forward.

E. APPROVAL OF AGENDA: ADDITIONS AND DELETIONS

Supervisor Michael Lee asked if there was anyone who wished to add or delete items to the Agenda.

1. County Administrator Vanessa Lynchard requested to add the following: a. Animal Shelter - Dames for Danes Rescue – Request Fee Waiver (Old, G.7.) b. City of Horn Lake – Request Regarding Horn Lake Road – (New, H.13.a.) c. State Aid Letter Regarding Holly Springs Road – (New, H.13.b.)

2. Board Attorney Tony Nowak requested to have the following considered for executive session: a. Potential Litigation – Miguel Alfaro (Executive, J.2.)

3. Supervisor Bill Russell requested to add the following: a. Discussion on Cluster Mailboxes – (Planning, I.3.g.)

4. Environmental Services Director Ray Laughter requested to add the following: a. Code Enforcement Update – 10865 Loch Lomond (Old, G.8.)

5. Road Manager Andy Swims requested to add the following:

______1 M.L. September 18, 2017 a. Finding of Fact – 3023 Bridgemoor Drive (New, H.14.)

Supervisor Lee Caldwell made the motion and Supervisor Jessie Medlin seconded the motion to approve the Agenda with the additions, deletions and corrections as set forth above.

The motion passed by a vote as follows:

Supervisor Jessie Medlin, First District YES Supervisor Mark Gardner, Second District ABSENT Supervisor Bill Russell, Third District YES Supervisor Lee Caldwell, Fourth District YES Supervisor Michael Lee, Fifth District YES

F. CONSENT AGENDA

1. Publication of Board Proceedings

2. Office of Finance & Accounting

a. Budget Amendments – Chancery Clerk, Chancery Court, Lunacy Court, State Aid/Meadowbrook, State Aid/Star Landing Bridge, Love Fire Department, Coroner, County Engineer, Bridge & Culvert, Sheriff/Equit Sharing Funds, Circuit Court Administrator, General Fund Debt Service, CVB Building, Juvenile Drug Court, Facilities Management, Board Attorney, IT, Sheriff’s Department, Environmental Services, Ambulance Rev/ EMS, Animal Services, Chancery Court Reporters, Volunteer Fire Dept.

______2 M.L. September 18, 2017 DeSoto County, Mississippi BUDGET AMENDMENT REQUEST

Fund/Department # 001-165 Updated 7/15 Date: 9/5/2017

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET

001-165-489 LUNACY FEES 0 500 100 400

001-165-533 RENTAL OF OTHER EQUIPMENT 1200 1,200 100 1,300

TOTALS 1,700 100 100 1,700

Reason for Request: New copier contract caused us to go over in 001-165-533 for FY2017. (Show detailed justification)

Requested by: MISTY HEFFNER For Department: CHANCERY CLERK

Fund/Department # 001-160 Updated 7/15 Date: 9/5/2017

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET

001-160-523 CONTRACTUAL PRINTING 0 500 50 450

001-160-533 RENTAL OF OTHER EQUIPMENT 2138.21 2,400 50 2,450

001-160-600 RECORD BOOKS/BINDERS/DOCKETS 0 500 50 450

001-160-603 OFFICE SUPPLIES AND MATERIALS 3004.84 3,000 50 3,050

TOTALS 6,400 100 100 6,400

Reason for Request: New copier contract caused us to go over in 001-160-533. Employee electric stapler had to be replaced causing us to go over in 001-160-603. (Show detailed justification)

Requested by: MISTY HEFFNER For Department: CHANCERY CLERK

Fund/Department # 001-101 Updated 7/15 Date: 9/5/2017

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET

001-101-556 RECORDING FEES 5369 14,000 325 13,675

001-101-533 RENTAL OF OTHER EQUIPMENT 2495.76 2,500 325 2,825

TOTALS 16,500 325 325 16,500

Reason for Request: New copier contract caused us to go over budget in 001-101-533. Adjustments have been made for FY2018. (Show detailed justification)

Requested by: MISTY HEFFNER For Department: CHANCERY CLERK Fund/Department # 170 / 387 Updated 7/15 (4) State Aid - Meadowbrook Project

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 170-387-555 Engineering Fees $ 161,135.95 $ 154,607.00 $ 11,000.00 $ 165,607.00 170-999-999 Ending Cash $ 355,879.00 $ 11,000.00 $ 344,879.00

TOTALS $ 510,486.00 $ 11,000.00 $ 11,000.00 $ 510,486.00

Reason for Request: The FY 2017 transfer in should have been budgeted towards this (Show detailed project and it was not, it was left in ending cash. This amendment justification) moves these funds to the project they were intended to be used towards.

Requested by: Andrea Freeze

______3 M.L. September 18, 2017 Fund/Department # 170 / 382 Updated 7/15 (5) State Aid - Starlanding Bridge Replacement

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 170-382-914 Property Easements / ROW $ 21,540.00 $ 6,200.00 $ 15,340.00 $ 21,540.00 170-999-999 Ending Cash $ 344,879.00 $ 15,340.00 $ 329,539.00

TOTALS $ 351,079.00 $ 15,340.00 $ 15,340.00 $ 351,079.00

Reason for Request: To cover the cost of right of way for the starlanding bridge project (Show detailed from fund balance in fund 170 instead of moving funds from justification) bridge fund.

Requested by: Andrea Freeze Fund/Department # 313 / 355 Updated 7/15 (6) Volunteer Fire Dept Bldgs - Love Fire Dept

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 313-355-902 Buildings $ - $ 68,332.00 $ 15,000.00 $ 53,332.00 313-355-540 Facilities Mgt Service Calls $ - $ - $ 10,000.00 $ 10,000.00 313-355-641 Building Supplies $ - $ - $ 5,000.00 $ 5,000.00

TOTALS $ 68,332.00 $ 15,000.00 $ 15,000.00 $ 68,332.00

Reason for Request: To move money to correct line items for necessary project (Show detailed purchases. justification)

Requested by: Robert Jarman

Fund/Department # 001 / 167 Updated 7/15 (7) Coroner

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-167-490 Coroner's Fees $ 120,875.00 $ 120,000.00 $ 12,000.00 $ 132,000.00 001-167-567 Autopsies $ 54,407.21 $ 97,500.00 $ 12,000.00 $ 85,500.00

TOTALS $ 217,500.00 $ 12,000.00 $ 12,000.00 $ 217,500.00

Reason for Request: To cover an increase in fees. (Show detailed justification)

Requested by: Jeffery Pounders

Fund/Department # 160 / 333 Updated 7/15 (8) County Engineer

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 160-333-555 Engineering Fees $ 24,168.85 $ 112,000.00 $ 14,700.00 $ 97,300.00 160-333-571 Dues and Subscriptions $ 2,214.00 $ 2,037.00 $ 200.00 $ 2,237.00 160-333-594 Other Contractual Services $ 32,578.57 $ 33,950.00 $ 14,500.00

TOTALS $ 147,987.00 $ 14,700.00 $ 14,700.00 $ 99,537.00

Reason for Request: To cover an increase in dues and contractual services. (Show detailed justification)

Requested by: Andy Swims Fund/Department # 160 / 333 Updated 7/15 (9) Bridge & Culvert - Nail Rd/Hacks Cross/Ctr Hill

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 160-364-914 Property Easements / ROW $ 2,640.00 $ - $ 2,640.00 $ 2,640.00 160-399-914 Property Easements / ROW $ - $ 75,000.00 $ 2,640.00 $ 72,360.00

TOTALS $ 75,000.00 $ 2,640.00 $ 2,640.00 $ 75,000.00

Reason for Request: To pay for easements and right of way out of correct project (Show detailed account to better capture expense for reporting purposes. justification)

Requested by: Andy Swims

Fund/Department # 160 / 399 Updated 7/15 (10) Bridge & Culvert

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 160-399-429 Overtime - Road Employees $ 26,471.44 $ 54,212.00 $ 500.00 $ 53,712.00 160-399-469 Unemployment Insurance $ 988.02 $ 500.00 $ 500.00 $ 1,000.00

TOTALS $ 54,712.00 $ 500.00 $ 500.00 $ 54,712.00

Reason for Request: To account for an increase in unemployment being paid out. (Show detailed justification)

Requested by: Andy Swims

______4 M.L. September 18, 2017 Fund/Department # 034 / 900 Updated 7/15 (11) Sheriff - Equit Sharing Funds

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 034-900-951 Transfer Out - Governmt Funds $ 5,263.74 $ - $ 5,264.00 $ 5,264.00 034-999-999 Ending Cash $ - $ 157,200.00 $ 5,264.00 $ 151,936.00

TOTALS $ 157,200.00 $ 5,264.00 $ 5,264.00 $ 157,200.00

Reason for Request: To correct budget line items to correspond with transfer of (Show detailed prior year funds deposited to this account in FY 2013 in error. justification) These funds belonged to the general fund Sheriff Fees and the appropriate journal entry has been made.

Requested by: Andrea Freeze

Fund/Department # 025 / 171 Updated 7/15 (12) Circuit Court Administrator

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 025-171-475 Mileage & Other Travel Costs $ 15,500.95 $ 15,000.00 $ 2,000.00 $ 17,000.00 025-171-501 Postage/Box Rent/Courier $ - $ 1,000.00 $ 500.00 $ 500.00 025-171-603 Office Supplies and Materials $ 782.96 $ 2,500.00 $ 1,000.00 $ 1,500.00 025-171-919 Furn/Office Equip Under $5000 $ - $ 1,000.00 $ 500.00 $ 500.00

TOTALS $ 19,500.00 $ 2,000.00 $ 2,000.00 $ 19,500.00

Reason for Request: To cover an increase in necessary mileage costs. (Show detailed justification)

Requested by: Judge McClure

Fund/Department # 001 / 800 Updated 7/15 (13) General Fund Debt Service - CVB Building

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-800-800 Principal Retirement - Capital $ 23,762.87 $ 23,823.00 $ 60.00 $ 23,763.00 001-800-802 Interest Expense $ 6,590.17 $ 6,531.00 $ 60.00 $ 6,591.00

TOTALS $ 30,354.00 $ 60.00 $ 60.00 $ 30,354.00

Reason for Request: To correctly budget interest and principal amount payments. (Show detailed justification)

Requested by: Andrea Freeze

Fund/Department # 001 / 243 Updated 7/15 (14) Juvenile Drug Court

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-243-475 Mileage & Other Travel Costs $ 1,338.18 $ 1,243.00 $ 100.00 $ 1,343.00 001-243-476 Meals and Lodging $ 383.15 $ 2,456.00 $ 100.00 $ 2,356.00

TOTALS $ 3,699.00 $ 100.00 $ 100.00 $ 3,699.00

Reason for Request: To account for an increase in mileage and other travel expenses. (Show detailed justification)

Requested by: Erica Banks Fund/Department # 001 / 151 Updated 7/15 (15) Facilities Management

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-151-641 Building Supplies $ 72,457.80 $ 100,000.00 $ 1,625.00 $ 98,375.00 001-151-924 Computer Hardware & Software $ 3,980.69 $ 5,000.00 $ 1,625.00 $ 6,625.00

TOTALS $ 105,000.00 $ 1,625.00 $ 1,625.00 $ 105,000.00

Reason for Request: To account for computer workstations for the jail's control room as it relates to (Show detailed their security system/cameras. justification)

Requested by: Robert Jarman Fund/Department # 001 / 130 Updated 7/15 (16) Board Attorney

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-130-468 Group Insurance $ 7,596.82 $ 8,247.00 $ 100.00 $ 8,147.00 001-130-571 Dues and Subscriptions $ 200.00 $ 204.00 $ 100.00 $ 304.00 001-130-550 Legal Fees $ 161,079.71 $ 160,894.00 $ 200.00 $ 161,094.00 001-130-587 Training & Registration $ 200.00 $ 320.00 $ 100.00 $ 220.00 001-130-475 Mileage & Other Travel Costs $ 904.31 $ 1,100.00 $ 100.00 $ 1,000.00

TOTALS $ 170,765.00 $ 300.00 $ 300.00 $ 170,765.00

Reason for Request: To account for an increase in legal fees and dues. (Show detailed justification)

Requested by: Andrea Freeze

______5 M.L. September 18, 2017 Fund/Department # 001 / 152 Updated 7/15 (17) Information Technology

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-152-606 Computer Supplies $ 9,998.16 $ 15,000.00 $ 2,000.00 $ 13,000.00 001-152-544 Service/Maintenance Contract $ 150,336.45 $ 161,750.00 $ 2,000.00 $ 163,750.00

TOTALS $ 176,750.00 $ 2,000.00 $ 2,000.00 $ 176,750.00

Reason for Request: To account for an increase in contract amount. (Show detailed justification)

Requested by: John Mitchell

Fund/Department # 001 / 202 Updated 7/15 (18) Sheriff's Department

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-202-554 Consultant/Counseling Fees $ 23,940.85 $ 26,000.00 $ 1,200.00 $ 27,200.00 001-202-587 Training & Registration $ 44,478.14 $ 46,000.00 $ 2,500.00 $ 48,500.00 001-202-680 Tire Replacement $ 50,665.33 $ 56,100.00 $ 2,000.00 $ 58,100.00

001-220-552 Medical Fees $ 990.00 $ 2,000.00 $ 740.00 $ 1,260.00 001-220-568 Transporting Prisoners $ 47,153.95 $ 50,500.00 $ 1,000.00 $ 51,500.00 001-220-583 Recycle Disposal/Shredding $ 5,250.71 $ 5,700.00 $ 195.00 $ 5,895.00 001-220-645 Custodial Supply/Cleaning Agents $ 75,735.10 $ 79,000.00 $ 320.00 $ 79,320.00 001-220-692 Clothes & Dry Goods/Prisoners $ 25,191.64 $ 33,700.00 $ 4,000.00 $ 29,700.00

001-222-552 Medical Fees $ 210,582.79 $ 251,250.00 $ 2,475.00 $ 248,775.00

TOTALS $ 550,250.00 $ 7,215.00 $ 7,215.00 $ 550,250.00

Reason for Request: To account for various budget deficits. (Show detailed justification)

Requested by: Bill Rasco / Donna Ford Fund/Department # 001 / 344 Updated 7/15 (19) Environmental Services

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM EXPENSES BUDGET INCREASE DECREASE BUDGET 001-344-401 Administrative/Manager/Foreman $ 57,190.88 $ 55,000.00 $ 4,500.00 $ 59,500.00 001-344-440 Part Time Employees $ 2,962.50 $ 2,470.00 $ 1,000.00 $ 3,470.00 001-344-468 Group Insurance $ 21,438.53 $ 20,580.00 $ 2,050.00 $ 22,630.00 001-344-535 Sect 19-5-105 Code Enforcement $ 333.50 $ 15,000.00 $ 7,550.00 $ 7,450.00

TOTALS $ 93,050.00 $ 7,550.00 $ 7,550.00 $ 93,050.00

Reason for Request: To account for an increase in legal fees. (Show detailed justification)

Requested by: Andrea Freeze

Fund/Department # 001 / 240 (20) Ambulance Rev / Emergency Medical Services

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM BUDGET INCREASE DECREASE BUDGET REVENUE 001-000-325 Ambulance Fees $ 566,557.09 $ 290,000 $ 4,000 $ 294,000

EXPENSE 001-240-594 Other Contractual Services $ 27,240.68 $ 35,500 $ 4,000 $ 39,500

TOTALS OVERALL INCREASE $4,000.00

Reason for Request: Increase revenue and increase expenses to account for an (Show detailed increase in collections and fees owed. justification) Requested by: Mark Davis / Andrea Freeze Fund/Department # 001 / 445 (21) Animal Services

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM BUDGET INCREASE DECREASE BUDGET REVENUE 001-000-370 Animal Shelter Donations $ 8,366.54 $ 8,117 $ 250 $ 8,367

EXPENSE 001-445-921 Other Cap Outlay Under $5000 $ 2,280.82 $ 9,643 $ 250 $ 9,893

TOTALS OVERALL INCREASE $250.00

Reason for Request: Increase revenue and increase expenses to account for (Show detailed recent restricted donations given to the animal shelter. justification) Detail of donations is attached at the end of all amendments.

Requested by: Monica Mock

______6 M.L. September 18, 2017 Fund/Department # 027 / 174 (22) Chancery Court Reporters

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM BUDGET INCREASE DECREASE BUDGET REVENUE 027-000-365 Other Counties Share - Chancery Reporters $ 119,446.90 $ 111,000 $ 7,100 $ 118,100

EXPENSE 027-174-411 Court Reporter / Stenographer $ 187,506.72 $ 197,569 $ 6,500 $ 204,069 027-174-475 Mileage & Other Travel Costs $ 14,242.72 $ 15,000 $ 600 $ 15,600

TOTALS OVERALL INCREASE $7,100.00

Reason for Request: Increase revenue and increase expenses to account for an (Show detailed increase in payments from other counties and court reporter expenses. justification)

Requested by: Andrea Freeze

Fund/Department # 106 / 251 (23) Volunteer Fire Dept

YEAR TO DATE ADOPTED REVISED ACCT # LINE ITEM BUDGET INCREASE DECREASE BUDGET REVENUE 106-000-200 Realty/Personal $ 633,202.68 $ 505,000 $ 35,000 $ 540,000

EXPENSE 106-251-765 Volunteer Fire Dept Allocations $ 769,609.51 $ 735,000 $ 35,000 $ 770,000

TOTALS OVERALL INCREASE $35,000.00

Reason for Request: Increase revenue and increase expense to account for an (Show detailed increase in tax collections and diversions to departments. justification)

Requested by: Andrea Freeze

3. Office of Procurement

a. Request to Approve Bid Specifications and Solicit Bids for Sheriff’s Department Uniforms: Bid File #18-200-001

4. Contract Administration

a. State Aid – BR-0976(5)B Approved Subcontract Request #5 b. IT – Data Systems Management – Software Support for Chancery, Tax Collector, Justice Court

5. Contract Administration – Enter Into the Formal Record and Make a Part of the Board Minutes – All Signatures Achieved

a. Sheriff’s Department - eCitation

6. Road Department

a. Safety Report

______7 M.L. September 18, 2017 7. Enter Into the Formal Record and Make a Part of the Board Minutes

a. Previously Approved Lost/Stolen Property Affidavits with Signatures

8. EMS Monthly Report

9. Chancery Clerk Allowance

10. Program Support Status Report from Waggoner Engineering

11. Project Updates

a. Star Landing Road

b. State Aid Roads

______8 M.L. September 18, 2017 c. MDOT LPA Overlook/Bike/Pedestrian

Supervisor Bill Russell made the motion and Supervisor Lee Caldwell seconded the motion to approve the actions and matters presented in the Consent Agenda.

The motion passed by a vote as follows:

See Exhibit F.

G. OLD BUSINESS

1. Tax Assessor’s Final Assessment Report for FY2017

Mrs. Lynchard informed the Board that Tax Assessor Parker Pickle submitted the final report after the tax protest was cleared. She pointed out the 4.21% increase was down a little from the 4.38% increase reported in July, but still a healthy increase.

Supervisor Bill Russell made the motion and Supervisor Lee Caldwell seconded the motion to accept the Tax Assessor’s Final Assessment Report for FY2017 and make the report a part of the Board minutes.

The motion passed by a vote as follows:

See Exhibit G.1.

2. Approval of Real & Personal Property Assessment Rolls

______9 M.L. September 18, 2017 Mrs. Lynchard stated now that the tax protest has been cleared, the Board can approve the Real & Personal Property Assessment Rolls.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to approve the Real & Personal Property Assessment Rolls.

The motion passed by a vote as follows:

See Exhibit G.2.

3. Approval to Renew Accident Policy for Volunteers

Mrs. Lynchard stated the Board put an accident policy in place 3 years ago to cover volunteers who had accidents. She stated it is a small amount of coverage, generally about $15,000. Mrs. Lynchard said she checked with SouthGroup and the policy has not had a lot of use. She stated the 3-year renewal is $13,876 or yearly is $4,497. Mrs. Lynchard stated she will meet with eligible groups (volunteer firemen, search & rescue, anybody that volunteers in any capacity) and be sure they are aware of this policy.

Supervisor Jessie Medlin made the motion and Supervisor Bill Russell seconded the motion to renew the accident policy for volunteers for a 3-year period at a cost of $13,876.00.

The motion passed by a vote as follows:

See Exhibit G.3.

4. Board Attorney – Anderson Lane – Agreement for Conveyance of Road Right of Way

Supervisor Caldwell recused herself from this item.

Mr. Nowak stated the Board approved the Anderson Lane development in June with a number of conditions. He stated he put the conditions in an agreement with the developer, notably the specifications to build the road to County specifications.

Supervisor Medlin asked what was going to happen with the road. Mr. Swims stated the developer will tie to the end of the county road and the Road Department has given him an allowance to drop the width a little. He stated the main section east and west within the development will be standard width. Mr. Swims stated Anderson Lane will be 20 feet because of the inability to put in ditches. He stated his office reviewed the plans and sent comments back to the developer.

Supervisor Bill Russell made the motion and Supervisor Michael Lee seconded the motion to approve the agreement for conveyance of road right of way, as presented, and authorize the Board President to sign the agreement.

______10 M.L. September 18, 2017

The motion passed by a vote as follows:

See Exhibit G.4.

5. MOU with Town of Walls for Dispatch Services

Mrs. Lynchard stated the Town of Walls, Chief Bobby Storey, Supervisor Russell, Sheriff Rasco and Mrs. Lynchard met together to come up with an agreement on dispatch services for the Town of Walls. The agreement presented is a result of that meeting.

Mr. Nowak stated he spoke with the Town of Walls’ attorney who questioned the provision setting forth the Town’s obligation to reimburse expenses for NCIC services, and they need to know what those expenses might be. Chief Macon Moore stated that language can be removed as it a minimal amount. Mr. Nowak stated he will work with Chief Moore on that.

Supervisor Bill Russell made the motion and Supervisor Jessie Medlin seconded the motion to approve the MOU with the Town of Walls subject to the language regarding reimbursement of NCIC expenses being removed and authorize the Board President to sign the MOU.

The motion passed by a vote as follows:

See Exhibit G.5.

6. Environmental Services – 6786 Braybourne Main – Update

Environmental Services Director Ray Laughter reminded the Board this property was declared a health & safety issue and they had ordered it cleaned up by the County. He brought pictures showing the property owners have cleaned it up and removed the burn out down to the slab. He said there are still a few tires and a couple of junk cars, but his department will continue to work with the property owners to get rid of all that as well.

Supervisor Jessie Medlin made the motion and Supervisor Bill Russell seconded the motion to rescind the prior board order declaring 6786 Braybourne Main to be a health & safety issue, and directing Environmental Services to clean the same, finding the burned out house has been cleaned up satisfactorily.

The motion passed by a vote as follows:

Supervisor Jessie Medlin, First District YES Supervisor Mark Gardner, Second District YES Supervisor Bill Russell, Third District YES Supervisor Lee Caldwell, Fourth District YES Supervisor Michael Lee, Fifth District YES

______11 M.L. September 18, 2017 See Exhibit G.6.

7. Animal Services – Dames for Danes – Request to Waive Fees

Animal Services Director Monica Mock stated there are 6 of the 12 dogs left that Animal Services had to pick up. She stated Dames for Danes will get 5 more on Thursday. Mrs. Mock requested the adoption related fees to be waived as this is a non-profit rescue group. She stated the shelter’s cost has been minimal.

Supervisor Lee Caldwell made the motion and Supervisor Mark Gardner seconded the motion to waive the adoption related fees for the 5 dogs that Dames for Danes is picking up.

The motion passed by a vote as follows:

8. Code Enforcement – 10865 Loch Lomond

Environmental Services Director Ray Laughter stated 10865 Loch Lomond has been cleaned up, but it was not quite to County standards. He stated the contractor will be going back out to the site to do a few more things to make the property look better.

Supervisor Caldwell made the motion and Supervisor Jessie Medlin seconded the motion to allow the property owner an extension to complete the clean up as recommended by Environmental Services.

The motion passed by a vote as follows:

9. Waste Pro

Mr. Laughter stated Waste Pro will be extending their late fee time for 2 weeks to allow residents to get their garbage pickup bills paid.

He stated Waste Pro has been working very hard to get all the new carts out and his department has also been delivering carts to help with the process.

Mr. Laughter stated Waste Pro is being very professional and working diligently toward a smooth transition after Waste Connections picked up a lot of their carts early. He stated Waste Connections has agreed to stop picking up their carts until they receive the go-ahead from him.

H. NEW BUSINESS

1. 9:30 a.m. – Business Investment Incentives a. Mitac Logistics Corporation Free Port Warehouse

______12 M.L. September 18, 2017 Mr. Michael Gordon stated Mitac is a wholesale distributor of computer and electronic components for Synnex. He stated they house products that will be later purchased to ship abroad.

Mr. Jim Flanagan stated Mitac is located in the Metro Industrial Park.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to approve the Freeport exemption as recommended by the Business Incentive Investment committee.

The motion passed by a vote as follows:

See Exhibit H.1.a. b. Medtronic USA, Inc. Freeport Warehouse

Mr. Steve Fulton stated there are 2 companies housed in the same building, Medtronic & Covidien. He stated FedEx Supply Chain is the tenant but the inventory belongs to Medtronic and Covidien. Mr. Fulton said they are looking to expand the Olive Branch site in conjunction with FedEx Supply and Covidien.

Mr. Medlin asked when they expected to hire the 450 employees they cited on their application. Mr. Fulton stated their goal is to have the place fully operational and everyone hired by the end of April, 2018. He stated there is a small amount of manufacturing that occurs in the building also.

See vote on H.1.c.

See Exhibit H.1.b. c. Covidien LP Freeport Warehouse

Mr. Fulton stated Covidien is a subsidiary of Medtronic. He stated they ship implements for the spine, cervical navigation, diabetes pain management, cardiovascular equipment, etc.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to approve the Freeport exemption for Medtronic USA, Inc. and Covidien LP as recommended by the Business Incentive Investment Committee.

The motion passed by a vote as follows:

See Exhibit H.1.c.

2. Legislative Requests

______13 M.L. September 18, 2017 In attendance were Senator David Parker, Senator Kevin Blackwell, Representative Dana Criswell, Representative Steve Hopkins, Representative Jeff Hale, Representative Dan Eubanks, Representative Robert Foster, Representative Ashley Henley, and Representative Bill Kinkade. Senator Chris Massey sent his regrets as his son was leaving for Marine boot camp on this day.

Supervisor Lee stated it was an honor to have the legislative delegation and Mr. Steve Gray from MAS in the Board meeting today. He expressed the Board’s appreciation to the legislative delegation for their support of DeSoto County’s needs.

Mrs. Lynchard stated Director of Administrative Services and Procurement Pat McLeod took care of putting together the Legislative Request book this year. She pointed out the book was divided into major concerns and other concerns as the delegation had requested after last year. She stated the other concerns were left in just so the delegation could support them if they came up or if others expressed the same needs.

Affordable Rental Housing – Mr. Pieter Zee, a 20-year employee in the Tax Assessor’s office, stated this is a problem that is addressed every year, but it is very important. He stated SB3100 came up in 2005 and it changed the valuation on low income housing. He said the bill sounded like it was a great thing for the poor, but in reality, it benefits the owners of these type apartment complexes, not the residents.

Mr. Zee said only a few developers are chosen by the state to set up Section 42 housing. He stated the developers then sell subsidies into the apartments to further reduce their debt, and end up paying taxes on less than one-half the value. Mr. Zee requested legislation that would allow the assessor to add back the value of the subsidies, or assess the Section 42 properties as they do every other property in the state.

Representative Eubanks asked if this situation was unique to Mississippi. Mr. Zee said other states have allowed for a similar change to happen. He stated the bill 12 years ago was a self- interest bill. He stated the assessor’s responsibility is to the tax payers and communities to assess fairly and equally. He stated it is unfair to view Section 42 properties differently. Mr. Zee stated Desoto County has been losing $750,000 or more on Section 42 apartments each year. He said the next trend is nursing homes and trying to put them on the same level as Section 42.

Representative Eubanks asked if the County had any input. Mr. Zee stated they can only take what the state says. He stated the changes have had a little success, but they always die before making it to the floor. Mr. Zee repeated they are simply asking for these properties to be appraised like every other property.

Supervisor Gardner asked what committee this would fall under. Representative Hopkins said he thought this would be through the Municipalities Committee. Steve Gray stated it will go through the Ways & Means Committee in the Senate. He stated Mississippi Association of Supervisors is willing to work with the delegates and try to fix this situation.

Mr. Zee also pointed out that the rent is based on median income, so DeSoto County has not taken as big a hit as some others. He stated since DeSoto County’s median income is the highest in the State, the owners of the developments still collect a good bit of rent, and they are actually not much lower rental rates than other apartments.

Supervisor Caldwell asked if this was trending toward rental properties, such as houses. Mr. Zee stated Memphis has gone that way, but Mississippi has not yet. He stated the four apartment complexes north of Tanger Mall are all Section 42 housing. He said Terrace Park was built for about $13.5 million, it was assessed at $9.7 million, and they are taxed at $5 million. He stated the County will lose $238,000 in the County budget from this assessment.

______14 M.L. September 18, 2017 Representative Kincade asked who managed the allowances. Mr. Zee stated MS Rural Housing gets to decide who gets the credits.

Senator Parker stated he saw the value in encouraging people to develop something for low income people. He asked Mr. Zee if they have ever taken a phase-out approach, rather than just stopping it. He asked if they have spoken with Jeff Smith or someone on that committee about taking an incremental phase out.

Supervisor Caldwell asked if the delegation would work with Jeff Smith and see if he will entertain anything. She stated he has not been open or receptive to this. She said several members of the legislature are part of LLCs that own some of the Section 42 housing.

Representative Eubanks stated he would like to know what members have interests. He agrees that the phase-out seemed like a good approach.

Representative Henley asked Mr. Zee if his office had a contact at the Rural Housing Authority. She said she thought the most efficient ways for phasing out the program would be to go through some sort of implementation by the Rural Housing Authority.

Mrs. Lynchard suggested Mr. Zee get Rep. Henley the information on the person the Tax Assessor’s Association has worked with at HUD and the MS Rural Housing Authority. She gave an example of a nursing home in Senatobia that had gone to Section 42 after being in operation for a while, and the rent has not been lowered for residents.

Senator Parker stated when a facility or apartment complex is built new and then turns HUD, the owners should have to offer lower rent. He asked if built as HUD if the rent was lower. Mr. Zee stated there is not much difference at all in the rent.

Homeowners Associations (HOA)

Supervisor Russell stated the first county to institute zoning regulations was DeSoto County in the 1950s. He stated that has helped tremendously with the growth in the county. Supervisor Russell said he has learned this is a quality of life issue and he has learned how important the Homeowners Associations are.

Supervisor Russell stated the county is prohibited by law to work on common areas in subdivisions unless there is a general health and safety issue, or there is a immediate threat of harm to a county road. He stated many times an HOA is not established in the beginning of a subdivision, and when the builder turns the subdivision over , the homeowners do not want to pay dues and manage the common areas. He stated they have changed the strategy to help people understand what they are talking about.

Supervisor Russell stated this legislation established procedures and basic rules for HOAs and how they should be handled. He stated no one ever checks to see if a developer is handling subdivisions as promised when getting approved. Supervisor Russell said this legislation will eventually help the entire State of Mississippi, but for now, the request is to pass the legislation for counties over 95,000. He stated he and Mr. Nowak have met with the 6 counties that qualify and the majority are for this, they just need to know more about it. He stated he wants to have a meeting with the delegation and the 6 counties to go through and explain the legislation. He stated once someone has a good understanding of the legislation, they will know why it will help. Supervisor Russell stated this does not provide money, it simply helps the citizens. He asked for one representative and one senator to commit to take this bill and run with it.

______15 M.L. September 18, 2017 Representative Eubanks stated he submitted this legislation year before last, but held off on it last year. He asked for a letter from the other counties to say they are for it, and he will try to get their representatives to co-author the bill and help get it through.

Mr. Nowak stated that 4 of the 6 counties explicitly said they wanted this; while the other 2 said they did not oppose it, but would not be vocal in supporting. He stated the bill allows the Board of Supervisors to be able to enact an ordinance that implements all or part of the bill. He stated one example demonstrating the need for HOA is the US Post Office recent issuance of mandates to put up cluster mailboxes in subdivisions that will have to be on common properties, and those properties will have to be maintained.

Supervisor Gardner noted one situation where a developer walked away and no one has been paying dues to an established HOA which resulted in the common areas being sold in tax sales.

Supervisor Russell stated the lakes in the Twin Lakes subdivision were bought at a tax sale by an individual that lives in Memphis who refuses to manage the lakes and tries to sue people all the time.

Supervisor Lee stated that could happen on a common area where cluster mailboxes are located. He said that could be a big problem.

Mr. Nowak stated HOA legislation is pretty common throughout the country. He stated he has worked with counsel for MAS, and they are not reinventing the wheel through this process.

Holly Springs Road

Supervisor Lee stated over 100,000 acres flow in the Coldwater River and cause flooding on Holly Springs Road. He stated the gates had to put up last week to keep citizens from crossing through flood waters. Supervisor Lee stated this is a safety issue as it prevents fire and ambulance access to large areas, and it is a problem that affects several counties.

Supervisor Lee informed the delegation that federal money for the Holly Springs Road project has ceased, so now the County is looking at different options. He stated they have asked State Aid to free up some money and they are looking at keeping the existing road alignment and building up 3 smaller bridges while leaving the Coldwater River Bridge for now in order to save several million dollars. Supervisor Lee said the County has found $5.5 million to put toward this project.

Supervisor Lee stated the new plan is to bring the existing road up to 100-year flood standards and the bridges to 25-year flood standards. He asked for legislation to help get the project done. Supervisor Lee said State Aid will help, but some environmental studies will have to be revisited. He stated DeSoto County is moving forward to help get this project underway for the safety of the citizens.

Representative Kincade asked for clarification of the $5.5 million. Supervisor Lee stated the project began in 2009 and the County had $4 million set aside. He stated they have added $1.5 million to that. He stated as of now, there is no federal money; and MDOT has said Holly Springs is DeSoto County’s road and DeSoto County’s problem. He said the County is looking at pursuing a TIGER grant.

Supervisor Gardner noted the original $4 million was money set aside from a previous board.

Rep. Kincade asked how much has been spent. Mr. Tracy Huffman stated $800,000 was spent from federal funds that were appropriated for environmental engineering and design. He stated

______16 M.L. September 18, 2017 they will now have to revisit some environmental and design areas. Mr. Huffman stated the initial cost of Phase 1 was $18 million, with a total cost of $30 million for 3 miles of road and 5 bridges.

Reverse Auctions

Director of Administrative Services and Procurement Pat McLeod stated that in the 2017 legislative session reverse auctions were made the required method for bids, where in the past the county has taken sealed bids. She stated one concern was that the reverse auction expenses could be passed on to the county. Mrs. McLeod stated some companies are charging 3%-4%, some cap out at $30,000, and one company is charging a flat fee if you download something from their site.

Mrs. McLeod stated she is also concerned that bids will be higher, as competitors can see all the bids. She stated when sealed bids are received, the vendors have to give their very best bid, but with the reverse auction they can see the competition and only go as low as they have to in order to win the bid.

Mrs. McLeod also said DeSoto County wants to see local vendors thrive and flourish; and many are not staffed to man a computer while a reverse auction is going on or simply may not have the resources to participate. She informed the delegation that Procurement is hearing that some large equipment companies will not allow their dealers to participate in reverse auctions. Mrs. McLeod stated reverse auctions only work with competition. She stated the concern is a vendor will start with a high price and sit to see if competition comes in. Mrs. McLeod could like to change the wording to allow counties to use reverse auction if they feel it will help get a better price.

Mr. Nowak stated he wrote for an AG opinion, but did not get a favorable response. He stated he has written for a reconsideration of the opinion outlining more details. He stated he is sending the request for reconsideration with backing from about 15-20 other entities opposed to the reverse auction bill. Mr. Nowak informed the delegation that Roun McNeal from Greene County said he will sponsor the bill.

Mr. Steve Gray stated this is one of the hottest topics in the MAS office right now. He said they are curious to see what the AG’s position is as to why the law was introduced. Mr. Gray stated MAS will get behind this to get movement in the Capitol this year. He said the bill seemed to be initially just for state agencies, but somehow the locals got involved.

Homestead Exemptions

Chancery Clerk Misty Heffner stated they have taken this issue down to 3 points:  The Homestead application does not have a field for the spouse’s date of birth. Right now, the law requires a surviving spouse to prove qualification for the same exemption. If that information was on the application it would help the spouse. Live working file, similar to car tags. Mrs. Heffner stated that would catch some of the problems, and would keep DOR out of it. She said the DOR is not consistent. Rep. Eubanks asked for a real world example. Supervisor Medlin stated a man had not been married for 20 years. His ex-wife filed homestead in another state, and it kicked out the man’s exemption. By the time he got a letter from the Department of Revenue, it was past the sign-up deadline. Mrs. Heffner stated it is up to the clerk at DOR as to which homestead gets denied. She said there is no consistency.  Mrs. Heffner stated the County gets $50 out of the $100 reimbursement. She stated the County would like to get the full $100 reimbursement.

______17 M.L. September 18, 2017

Mrs. Lynchard stated they would be going through the remaining items very quickly and encouraged the delegation to stop with any questions they might have.

Authority to Recover the Actual Cost Incurred in Enforcing Zoning Laws

Supervisor Russell stated MS Code 17-1-19 does not allow recovery of attorney fees. He stated the County usually wins code enforcement cases, but they have to pay attorney fees. He said this would save the County a lot of money.

County Owned Land Fills – Exempt County Fees

Supervisor Gardner stated MS Code 17-17-219 requires the county to pay a fee to the State Tax Commission and last year DeSoto paid $18,000 for a county-owned rubbish pit. He stated they would like to have that fee exempted.

Approval to Declare an Emergency

Supervisor Caldwell cited the example of a big flood and all the supervisors could not get to Hernando to declare an emergency. She stated they would like to have the County Administrator or EMS Director to be able to declare an emergency and the Board of Supervisors ratify it at their next meeting.

Infrastructure – Hwy 305 at Church Road to Byhalia Road

Supervisor Medlin stated Hwy 305 was widened to Church Road when FedEx came in. He said the opening of I269 will put a tremendous amount of truck traffic on Hwy 305 and it needs to be widened approximately 4 miles down to Byhalia Road. He stated the Lewisburg schools are also down that way, and 5 lanes are needed. Supervisor Medlin also mentioned a light at Bethel and Hwy 305 is needed for safety reasons.

Infrastructure – Short & Long Term Funding

Supervisor Caldwell stated the counties maintain 61% of the infrastructure and requested 50% of the $40 million the state receives be allocated for county use.

Transfer Equipment Purchased with Road Funds

Mr. Nowak stated other departments can transfer equipment or sell to another government entity for a minimal amount. He stated Road Department vehicles can only be sold at full market value, which makes an inefficient system for the county and municipalities.

State Audit Department or Department of Public Safety to Control Radar

Supervisor Lee stated this was brought up last year, but it was a little late. He said they propose that the State Audit Department of Department of Public Safety oversee the use of radar equipment by counties, thus making the use of radar equipment a safety issue, not a revenue issue. He stated the radar use could be based on population and the appropriate state department would monitor and use and eliminate abuse.

Allow Tax Collector to Settle Funds Directly to Community Colleges

Mrs. Lynchard stated that several counties at the MS Administrator’s conference said they were already doing this.

Chief Financial Officer Andrea Freeze stated the law states the funds are handled by the Tax Collector, Chancery Clerk and Finance. She said if settled directly from the Tax Collector, the community college will get their money more efficiently and quicker.

Death Row Appeals

______18 M.L. September 18, 2017 Mrs. Lynchard stated death row appeals should not be the county’s responsibility.

State Agencies Funded out of County Budgets

Supervisor Gardner stated the delegates had a list of state agencies that are funded out of county budgets. He asked them to be cognizant of passing bills that don’t funnel obligations to the counties.

Unfunded Mandates

 Mrs. Lynchard stated the county has to provide legal representation for indigent parents at a cost of approximately $65,000. She stated they found a grant to pay one half, but do not know how long it will last.  Male alcohol and drug commitments do not receive treatment and many are let go  Sanitation inspection fees assessed because county has to house state inmates for several day before they are moved to state prisons.  Mileage rate increase for election commissioners

Monitor to Protect County Funds

Mrs. McLeod asked the delegation to monitor the PERS system to control local match increases as well as monitor the funding restructures that swept funds in the state’s general funds. She asked they keep an eye on those to be sure they keep coming to the counties. Mrs. McLeod also asked the delegation to monitor any legislation that would put financial obligations back to the counties.

Supervisor Caldwell thanked the delegation for coming and stated the Board appreciated what they supported last year, in particular the millage shift to help with volunteer fire departments.

Mississippi Association of Supervisors

Mr. Steve Gray invited everyone to attend the fall education workshop in Vicksburg in October. He informed the Board that the 2018 fall workshop will be held at the Landers Center in an effort to bring the workshops around the state. He also stated they will hold a North Delta Region meeting on November 7th.

Mr. Gray stated MAS has tools available to help the counties and the legislators. He encouraged the Board to contact Tony Greer, Executive Director over the Legislative Budget Office, and establish a good relationship with him. He stated Mr. Greer is a good source of information to get good number of what is coming.

Mr. Gray also stated other states are being creative to get some infrastructure funding, and MAS wants to be part of that solution for Mississippi as public safety is an issue.

He stated MAS is trying to help out with the reverse auction situation and get that settled for local government.

Mr. Gray noted a new issue that MAS is learning about is Medicaid suspension vs Medicaid termination for incarcerated individuals. Mrs. Lynchard stated if Medicaid is taken away from inmates, the county pays their medical bills at a higher rate than Medicaid.

Supervisor Gardner encouraged the legislators to get Steve Gray’s number and said he does a good job of keeping his finger on the pulse of all MS counties.

See Exhibit H.2.

3. Justice Court a. Request to Change Credit Card Service

______19 M.L. September 18, 2017

Justice Court Clerk Pat Sanford stated their credit card service is currently with Graphite, and they have not worked out well with monthly reports, balancing, or support services. He stated that the collections company they are now using, MSB (Municipal Services Bureau) formerly Pioneer, has better rates and more to offer the citizens. Mr. Sanford stated MSB would allow Justice Court to accept checks with an approval code, and they cannot offer that service now. He stated MSB’s support on the collections has been great and he expects it to be the same with the credit card service. Mr. Sanford said MSB has offered to pay Graphite’s termination fee as well.

Mr. Nowak stated he has looked over both contracts and the Board can determine to terminate Graphite and accept the contract with MSB contingent on them paying the termination fee.

Supervisor Bill Russell made the motion and Supervisor Jessie Medlin seconded the motion to terminate the contract with Graphite at Justice Court, for proper notice to be sent by Justice Court to Graphite, and accept the contract with Municipal Services Bureau contingent on MSB paying the termination fee with Graphite.

The motion passed by a vote as follows:

Supervisor Jessie Medlin, First District YES Supervisor Mark Gardner, Second District RECUSED – came in during discussion Supervisor Bill Russell, Third District YES Supervisor Lee Caldwell, Fourth District YES Supervisor Michael Lee, Fifth District YES b. Request to Approve Monthly Expense & Authorize Payment Each Month/Secure Shred

Mr. Sanford stated Justice Court was in the market for a new shredder to handle the amount of paperwork they shred. He stated the cost was about $25,000. Mr. Sanford stated Secure Shred has quoted a price of about $49 per month to do a couple of large containers per month. He said this company did some work for them at Earth Day and they were pleased with the company.

Mrs. McLeod stated this vendor is located in Batesville, and he is eager to get DeSoto County business. She requested the Board approve the monthly expense and authorize payment of the same each month.

Supervisor Russell asked if it would be cheaper to go with this vendor rather than having shredders. Mrs. McLeod stated they are watching the current contract to see when we can give notice.

Supervisor Lee asked if they shred on site. Mrs. McLeod stated Secure Shred does on-site shredding, the current company Shred-It takes it off site.

Supervisor Bill Russell made the motion and Supervisor Jessie Medlin seconded the motion to approve the monthly expense to Secure Shred as presented and authorize payment of the same each month.

The motion passed by a vote as follows:

See Exhibit H.3.b.

______20 M.L. September 18, 2017

4. Office of Procurement – Annual Bid Award Recommendations for Road Management a. 18-300-010 – Slurry, Micro, & Scrub Seal

Procurement Specialist Angie Irving stated they recommend the same vendor as last year and there was a 2% price increase.

Supervisor Lee Caldwell made the motion and Supervisor Mark Gardner seconded the motion to award the bid to Vance Brothers for a 12 month bid term beginning October 1, 2017, for Bid File #18-300-010 for Slurry, Micro, & Scrub Seal.

The motion passed by a vote as follows:

See Exhibit H.4.a. b. 18-300-009 Roadside Herbicides

Mrs. McNeil stated they recommend awarding the lowest bidder per item in bold print with alternates as shown on Exhibit H.5.b.

______21 M.L. September 18, 2017 DeSoto County Helena VM Distribution SiteOne Landscape BIDDERS Cooperative Chemical Partners Newton, MS Memphis, TN Hernando, MS Alternate Yes Yes Yes Yes Delivery 3-4 Days ARO 3-5 Days ARO 3-5 days ARO BID ITEM Container Size 3-5 days ARO 30 gallon drum $ 425.79 $ 325.50 $ 535.30 $ 496.29 min. order requirements 240 gallons None None None Round-Up 265 gallon tote $ 5,035.00 $ 2,835.50 $ 4,324.25 $ 2,791.82 Product Brand Ranger Pro Cornerstone Plus Monsanto Round-Up Pro Lesco Prosecutor Pro 2.5 gallons $ 63.85 $ 70.00 $ 62.00 $ 68.92 MSMA 6.6 min. order requirements 180 gallons None None None Product Brand Target 6.6 Target 6 Plus Drexel MSMA 6+ Drexel MSMA 6+ $ 720.00 30 gallon drum Gramoxone No Bid Parazone No Bid No Bid min. order requirements None Item Award 1st Alternate 2nd Alternate Round-Up DeSoto County Helena Chemical SiteOne Landscape (drum) Cooperative Round-Up DeSoto County SiteOne Landscape VM Distribution RECOMMENDATION (tote) Cooperative MSMA 6.6 VM Distribution Helena Chemical SiteOne Landscape

DeSoto County Gramoxone Cooperative Supervisor Lee Caldwell made the motion and Supervisor Mark Gardner seconded the motion to approve the recommendation to award the lowest and best bidder per item with alternates as shown.

The motion passed by a vote as follows:

See Exhibit H.4.b. c. 18-300-011 Traffic Signs & Accessories

Mrs. McNeil stated Procurement & the Road Department agreed that it was more convenient and cost effective to award by category. She stated the regulatory signs category had about 100 items and only 5 or 6 items were cheaper. She also stated those items do not amount to much money as they are not used a lot. Mrs. McNeil stated using one company was less confusing for the Road Department, and the trickle-down effect would save man hours in every department involved.

Supervisor Bill Russell made the motion and Supervisor Lee Caldwell seconded the motion to approve awarding the bids as recommended noting that the regulatory signs bid should go to Vulcan Signs based on the fact that it is more convenient and cost effective to stay with one vendor.

______22 M.L. September 18, 2017

The motion passed by a vote as follows:

See Exhibit H.4.c. d. 18-300-012 Traffic Striping

Mrs. McNeil stated they received one bid from Riverside Traffic, and there was no price increase. RIVERSIDE TRAFFIC New COMPARISON TO FY17 % of Albany, MS EXPENDITURE Change ITEM Budget Impact USAGE Per Mile/LF in FY18 Based FY17 Bid Pricing on FY17 Usage (12 months) REGULAR PAINT 4" Traffic Stripe $ 650.00 $ 650.00 0% REGULAR PAINT 4" Traffic Stripe Skip $ 300.00 $ 300.00 0% THERMOPLASTIC 30ml 4" Traffic Stripe $ 700.00 $ 700.00 0% THERMOPLASTIC 60ml 4" Traffic Stripe $ 1,500.00 $ 79,500.00 53 miles $ 1,550.00 -3% THERMOPLASTIC 90ml 4" Traffic Stripe Skip $ 530.00 $ 530.00 0% THERMOPLASTIC 90ml 4" Traffic Stripe $ 1,795.00 $ 86,160.00 48 miles $ 1,795.00 0% Detail Legend - Thermoplastic 90 ml $ 1.25 $ 252.50 202 LF $ 1.25 0% Detail Legend - Thermoplastic 120 ml $ 1.75 $ 1.75 0% Detail Legend - Thermoplastic 12" $ 5.00 $ 890.00 178 LF $ 5.00 0%

RECOMMENDATION: Award Riverside Traffic Systems for a period of 12 months beginning on October 1, 2017.

Supervisor Mark Gardner made the motion and Supervisor Lee Caldwell seconded the motion to accept the bid from Riverside Traffic as the only bid.

The motion passed by a vote as follows:

See Exhibit H.4.d.

5. Office of Finance & Accounting a. Yearly Inventory Report

Mrs. Lynchard stated the Board has done the County proud by hiring Angie Tapley. She stated the inventory is closer that it has ever been and it is ready to send to the State Auditor’s office. Mrs. Lynchard stated the left column is comprised of board categories that inventory recognizes.

Supervisor Gardner asked about the building figures and if they were based on current value. Mrs. Lynchard stated they are based on actual cost plus improvements.

Supervisor Russell asked about the changes in land values. Mrs. Tapley stated she found several properties that were not deeded and got them added, and there were some properties that were

______23 M.L. September 18, 2017 transferred to other entities and taken off. She stated one big one was the Armory, as the County does not actually own the building, just the land it is on.

Supervisor Mark Gardner made the motion and Supervisor Bill Russell seconded the motion to adopt the yearly inventory report and make it a part of the Board minutes, and authorize Mrs. Tapley to send the report to the State Auditor’s office.

The motion passed by a vote as follows:

See Exhibit H.5.a.

b. Election Commission – Previously Approved Inventory Dispositions

Mrs. Tapley stated the Election Commission has decided to use some of the voter terminals that had been surplused.

Supervisor Mark Gardner made the motion and Supervisor Michael Lee seconded the motion to take the voter terminals off surplus as presented.

The motion passed by a vote as follows:

Supervisor Jessie Medlin, First District YES Supervisor Mark Gardner, Second District YES

______24 M.L. September 18, 2017 Supervisor Bill Russell, Third District YES Supervisor Lee Caldwell, Fourth District ABSENT Supervisor Michael Lee, Fifth District YES

See Exhibit H.5.b.

c. Debt Payoff Fund #223

Mrs. Freeze stated this was a 2005 general obligation refunding bond.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to approve paying off Fund #223 in the amount of $534,700.00 and authorize the clerk to write the check.

The motion passed by a vote as follows:

See Exhibit H.5.c. d. Debt Payoff Fund #228

Mrs. Freeze stated this was a 2010 general obligation refunding bond.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to approve paying off Fund #228 in the amount of $321,937.50 and authorize the clerk to write the check.

The motion passed by a vote as follows:

See Exhibit H.5.d. e. Request Signature for Release of Federal Flood Control Funds

Supervisor Jessie Medlin made the motion and Supervisor Michael Lee seconded the motion to authorize the Board President to sign the letter for release of federal flood control funds in the amount of $9,112.41.

______25 M.L. September 18, 2017 The motion passed by a vote as follows:

See Exhibit H.5.e. f. Claims Docket

Director of Finance & Accounting Andrea Freeze presented a page by page declaration of the Claims Docket. Deputy Finance Director Stephanie Hanks brought invoice documentation to address any questions.

Supervisor Medlin asked about the following claims: Page 75 – Insurance Refund – HR confirmed there was a change in the employee’s policy.

Supervisor Gardner asked about the following claims: Page 6 – Circle S Machine – Chief Moore stated that is a place in Coldwater that builds targets. He stated they were for the range and paid out of insurance money. Page 16 – Ewing Kessler - $27,000 – Mr. Jarman stated that was for 2 different things that the Board had approved. He stated it is the first major repair to the chiller in 5 years. Page 21 – Batesville Clinic – Chief Moore stated they had a female psychiatrist that came to the jail, and she recently had a baby so they are taking prisoners to her for a while. Page 31 – Leads Online LLC – Chief Moore stated that is a nationwide pawn shop networking program. Page 45 – Office Supplies – Mrs. Freeze stated they have done a lot of clean up to invoices and pointed out these were all dated in April. Page 65 – Muck boots – Mr. Swims stated they were for his new hire in the northern maintenance shop. Page 74 – Next Step – Mr. Jarman stated that was for equipment for the new juvenile court area. Mr. Mitchell stated they were network switches.

Supervisor Russell did not have any questions.

Supervisor Caldwell did not have any questions.

Supervisor Lee asked about the following claims: Page 12 – Overhead door – The invoice showed it was for the Eudora Fire Department. Page 30 – Aviation – Garman GTX – The invoice showed it went in the new helicopter. Chief Moore stated parts that have been ordered for months are coming in and they are getting invoiced.

In accordance with Section 19-13-31 and Section 19-11-23 of the Mississippi Code Annotated, Supervisor Mark Gardner made the motion and Supervisor Lee Caldwell seconded the motion to approve the claims docket and authorize the Chancery Clerk to pay the bills as presented by the Chief Financial Officer.

The motion passed by a vote as follows:

6. Grant Administration a. Approval to Accept Narcan Grant from MS Department of Mental Health

______26 M.L. September 18, 2017 Grant Administrator Tanner Kuntz stated this is a federal grant to help combat the opioid epidemic.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to accept the Narcan Grant from the MS Department of Mental Health, and authorize the board president to sign all necessary grant documents.

The motion passed by a vote as follows:

See Exhibit H.6.a. b. Approval to Accept Justice Assistance Local Law Grant (16LB1171) in the Amount of $3,750.00 and for the Board President to sign.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to accept the Justice Assistance Local Law Grant (16LB1171) in the amount of $3,750.00 and authorize the Board President to sign all necessary grant documents.

The motion passed by a vote as follows:

See Exhibit H.6.b.

7. Homestead Deletion List – Request Board Approval and Board President Signature

Supervisor Mark Gardner made the motion and Supervisor Lee Caldwell seconded the motion to approve the homestead deletion list as presented by Mrs. Heffner and authorize the Board President to sign the letter stating it was submitted.

The motion passed by a vote as follows:

See Exhibit H.7.

8. Homestead Reimbursement Request – Mrs. Nida Wilson

Mrs. Heffner stated Mrs. Wilson’s husband passed away and she is over 65. She stated Chancery failed to roll over Mrs. Wilson’s exemption, and when the death notice came she was in the hospital. Mrs. Heffner stated Mrs. Wilson’s son has been taking care of her finances and he noticed her house note had gone up as the mortgage company had been paying the higher homestead fees.

Mrs. Heffner stated she would like to refund all the charge backs since she felt Chancery should have taken care of this, and Ms. Wilson remained homestead qualified. She stated the Board can approve to refund 3 years and that was her request.

______27 M.L. September 18, 2017 Supervisor Mark Gardner made the motion and Supervisor Lee Caldwell seconded the motion to authorize the Chancery Clerk to refund 3 years of homestead chargebacks to Mrs. Nida Wilson.

The motion passed by a vote as follows:

See Exhibit H.8.

9. Request Approval to Amend March 6, 2017 Minutes

Mrs. McLeod stated the minutes reflect an incorrect vote on the Prologis corrected resolution to reduce their 10-year exemption to a 9-year exemption. She stated the recorded vote was 5/0, when Supervisor Gardner and Supervisor Caldwell were actually absent for that vote.

Supervisor Jessie Medlin made the motion and Supervisor Michael Lee seconded the motion to approve amending the March 6, 2017 minutes to reflect the correct vote on Item I.11, Corrected Order to Final Resolution for Prologis.

The motion passed by a vote as follows:

See Exhibit H.9.

10. Contract Administration a. IT – Zones, Inc. – NVIDIA Support & Maintenance Subscription

Mrs. McLeod stated this is a requisition to prepay support and maintenance to NVIDIA. She stated the County has done business with Zones for 3 years selling support & maintenance for NVIDIA to provide software support for video servers. She stated NVIDIA has been in business for 18 years, and Zones has been in business for 30 years. Mrs. McLeod stated this is a necessary need that is fulfilled by NVIDIA & Zones.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to authorize the prepayment for support & maintenance to NVIDIA finding this to be an immediate and necessary need for the County, and that NVIDIA and Zones are well established businesses that the County has used for several years.

The motion passed by a vote as follows:

See Exhibit H.10.a. b. IT – ShoreTel Phone Services – Black Box

Mrs. McLeod stated Black Box installed the ShoreTel phone service. She stated the contract is $23,290.28 prepaid in monthly installments. She stated the County has done business with Black

______28 M.L. September 18, 2017 Box for 4 years and they have been in business 40 years.

Supervisor Jessie Medlin made the motion and Supervisor Lee Caldwell seconded the motion to authorize the prepayment to Black Box finding this to be an immediate and necessary need for the County, and that Black Box and ShoreTel are well established businesses that the County has used for several years and authorize Board President to sign as discussed.

The motion passed by a vote as follows:

. c. Sheriff’s Department – Leads Online

Mrs. McLeod stated this is the software that the Sheriff’s Department uses to track down stolen goods nationwide. Chief Moore stated it is a valuable asset to the Sheriff’s Department during the claims docket discussion.

Supervisor Lee Caldwell made the motion and Supervisor Jessie Medlin seconded the motion to authorize the prepayment to Leads Online finding they are being used by the Sheriff’s Department and provide an immediate and necessary service.

The motion passed by a vote as follows:

See Exhibit H.10.c.

11. Mississippi Public Entity (MPE) Trust Nominations

Mrs. Lynchard stated the Mississippi Public Entity Workers’ Compensation Trust was asking the Board to vote for their Board members. She stated they have nominated Wayne Stokes from Pontotoc County and Joshua Todd from Lauderdale County to serve four-year terms.

Supervisor Mark Gardner made the motion and Supervisor Lee Caldwell seconded the motion to approve the nominees presented by MPE and authorize the Board President to sign the proxy form.

The motion passed by a vote as follows:

See Exhibit H.11.

12. Request for Special Prosecutor on 9/28/2017

Mrs. Lynchard stated there is a conflict of interest and Justice Court needs a special prosecutor.

Supervisor Lee Caldwell made the motion and Supervisor Michael Lee seconded the motion to

______29 M.L. September 18, 2017 approve the request for a special prosecutor on September 28, 2017

The motion passed by a vote as follows:

13. Road Project Planning

Overview: County Engineer Scott Young stated he and Mr. Tracy Huffman have been working with the Transportation Committee to get together a list of future projects to bring to the Board to try and get the projects ranked and work on getting help with funding.

Mr. Huffman stated there is lots of information on the large spread sheet and the smaller sheet is a summary page. He stated the numbers are just a stab in the dark but the Board will get an idea of the costs. He pointed out the list is currently in alphabetical order; but they would like the Board members to take the list and rank it numerically.

Supervisor Medlin suggested taking off Craft Road overpass & widening as those projects have been voted on. Mr. Young said Hernando and Olive Branch had also. Mr. Huffman stated Hernando and Olive Branch are on the list because the funds have been allocated. Supervisor Caldwell stated they wanted to be aware of what monies are tied up for projects. Mr. Huffman stated these are rough figures until after the Board ranks the list.

Supervisor Medlin asked how long it would be for Nail Road. Mr. Huffman stated all the funds allocated from MPO are allocated; but starting in 2020 another $3 million will be allocated. He said he thought if McIngvale got started they would shift money from Pleasant Hill to McIngvale. Mr. Huffman stated money from MPO will be limited for the next 5 years.

Supervisor Caldwell pointed out that some project could be done just with County money, and the MPO could be used for other projects. Mr. Young stated if some are done as County projects, they can get done faster.

Supervisor Medlin stated it would be good to add Craft Road from Church Road down to Bethel.

Supervisor Russell stated Star Landing from Hwy 301 to Hwy 61 needs to be on the 10-year plan.

See Exhibit H.13. a. Letter from Horn Lake Regarding Horn Lake Road

Supervisor Caldwell stated they have received a letter from the Mayor of Horn Lake asking for half of $586,000 to fix Horn Lake Road. She pointed out that road runs in front of Horn Lake Intermediate School.

Supervisor Medlin stated he spoke with Mayor Latimer and he needs one half of the engineering costs now, but he does not think they will get done with the road until 2019.

Mr. Huffman stated he spoke with Spencer Shields at City of Horn Lake and Mr. Shields said this would be an overlay project and would correct some drainage issues also. He stated the city’s total cost is over $2 million and the $586,000 is their 20% match.

______30 M.L. September 18, 2017 Supervisor Caldwell stated Horn Lake only allocated $400,000 for this project. Supervisor Russell stated the Board could give them $33,000 for engineering this year and put the $260,000 in next year’s budget.

See Exhibit H.13.a. b. Letter from State Aid Regarding Holly Springs Road

Mrs. Lynchard said State Aid wants a letter showing justification for the new design; and they said the County will have to do some environmental study work. Mr. Huffman said the justification is that Camp Creek and Coldwater River do not flood like the road parts in between. He stated the County is not totally abandoning the project, but asking to do Phase 2 first and deciding whether to do the new alignment or use the existing alignment.

Supervisor Russell stated it looked like only one bridge would be replaced if the County used the new alignment. Mr. Huffman affirmed, but stated it would still be more expensive. Mr. Huffman stated he now has the information to provide schematics and figures for the project.

Supervisor Michael Lee made the motion and Supervisor Jessie Medlin seconded the motion to make the State Aid Letter part of the Board minutes.

The motion passed by a vote as follows:

See Exhibit H.13.b. c. Star Landing Road Overlay with City of Southaven

Supervisor Russell asked for a recap of what the City of Southaven is asking for. Supervisor Gardner stated Mr. Young figured if the County did part of the road and Southaven did part, the County could save a lot of money. He stated it made the cost around $500,000 from the original ask of $594,000.

Supervisor Russell asked if the County had $800,000 to pull out of reserves. Mrs. Lynchard stated it could be taken out of millage or ending cash.

Supervisor Lee Caldwell made the motion and Supervisor Mark Gardner seconded the motion to take $33,000 from ending cash for Horn Lake to help with engineering; set aside an additional $260,000 for Horn Lake Road until 2019 noting that is the total amount to be given; and to put $500,000 toward the Star Landing project from the Railroad to Swinnea, including shoulder gravel for the whole project to Getwell and Southaven striping the whole project; as well as authorize the firm of Smith, Phillips, Mitchell, Scott & Nowak to draw up MOUs with both Horn Lake and Southaven.

Supervisor Russell stated it would simplify the process if the County just gave Southaven $500,000 and let them do the whole project.

Supervisor Caldwell withdrew her motion. Supervisor Gardner withdrew his second.

______31 M.L. September 18, 2017 Supervisor Gardner got Mayor Musselwhite on the phone to see how he felt about that arrangement. Mayor Musselwhite stated he appreciated whatever the County did, but he did ask that the County do the shoulder gravel because the City does not have that equipment. Supervisor Gardner stated the County figured the cost of ½ the project to be $450,000 with $50,000 for shoulder gravel for the whole project.

Supervisor Lee Caldwell made the motion and Supervisor Mark Gardner seconded the motion to take out $33,000 from ending cash for Horn Lake to help with engineering; set aside an additional $260,000 for Horn Lake Road until 2019 noting that is the total amount to be given to Horn Lake; give $500,000 to Southaven for Star Landing Road from the Railroad to Getwell; and authorize the firm of Smith, Phillips, Mitchell, Scott & Nowak to draw up MOUs with both Horn Lake and Southaven.

The motion passed by a vote as follows:

14. Finding of Fact – 3023 Bridgemoor Drive

Mr. Swims showed pictorial evidence of flooding to the County road and sinkholes resulting from a homeowner installing an underground pipe and filling in a ditch. This action has also resulted in flooding a neighbor’s property. Mr. Swims stated he would like to find the homeowner to repair the ditch.

The Board determined Mr. Nowak will look into this and give a recommendation.

See Exhibit H.14.

15. Cluster Mailboxes

Supervisor Russell stated he felt like the Board should continue approving subdivisions as they have been until the Post Office comes to the Board to tell them what is going on. It was the consensus of the Board that they will advise developers to check with the Post Office to see if any regulations are in place.

I. PLANNING

1. PUBLIC HEARING 11:00 AM

i. Rezoning

Supervisor Medlin made the motion and Supervisor Caldwell seconded the motion to open DG DeSoto 301 rezoning Public Hearing advertised for this day.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

FIRST DISTRICT SUPERVISOR, JESSIE MEDLIN YES SECOND DISTRICT SUPERVISOR, MARK GARDNER YES THIRD DISTRICT SUPERVISOR, BILL RUSSELL YES FOURTH DISTRICT SUPERVISOR, LEE CALDWELL YES FIFTH DISTRICT SUPERVISOR, MICHAEL LEE YES

a. DG DeSoto 301 (755) - Application is for approval of Rezoning of property from A to C-4, identified as Parcel # 3-09-2-10-00-0-00003-00, located east side of Hwy 301 and south of Newell Road in Section 10, Township 3, Range 9 and is zoned A (District 4)

______32 M.L. September 18, 2017 Applicant: DG DeSoto 301, LLC

Mr. Hopkins presented the DG DeSoto 301 application for rezoning of property from Agricultural to C-4. Mr. Chris Logan was present to present this item.

Mr. Chris Logan – 2267 County Road 231 – came forward and stated he feels the applicant satisfies the burden proof proving a change in the neighborhood based upon the following:  There is C-4 rezoning to the north of this property  Increased residential growth in the vicinity of the property  C-4 zoning is in alignment with the Comprehensive Plan  Increased population

Mr. Logan stated that after meeting with neighbors, he addressed their concerns as follows:  Redesigned the building – upgrading to a fully masonry building  Added more landscaping than required  Privacy fence to be constructed on the north and south property line  Fell LED lighting package on site  Looked in to traffic – on average 10-12 vehicles per hour will enter the site  For safety will have a well-lit parking lot  Asked the seller to place restrictions of uses on the remaining property to limit the type and amount of future growth, and the seller agreed  Will not decrease the property value as shown in a study done on another Dollar General location

Supervisor Russell asked how the restrictions on the remaining property would be enforced. Mr. Tony Nowak stated the seller could possibly place deed restrictions on the property. Mr. Logan stated the restrictions are listed on the deed of his property. Mr. Nowak stated that conditions can also be attached to an approval of this application. Mr. Mike Rosier stated the restrictions are recorded on the deed and will follow the deeds for this land and Mr. Riley’s remaining property.

Supervisor Russell asked Mr. Nowak to explain spot zoning. Mr. Nowak explained the factors the Courts review when looking at whether spot zoning has occurred.

Supervisor Russell asked if Mr. Hopkins feels this application complies with the Comprehensive Plan and the Zoning Ordinance. Mr. Hopkins stated there is C-1 zoned property to the north, and property near I-69 that is zoned C-4. Supervisor Gardner asked how close these two properties are to the proposed site. Mr. Hopkins stated both are within 1 mile of the proposed site.

Supervisor Russell stated the application says the developer will maintain the property, how does the developer propose to maintain the property. Mr. Logan stated they will maintain the property as owners of the property, to include lawn maintenance, trash pick-up, etc. He stated as part of the site plan the dumpster are will be fenced and screened.

Supervisor Russell asked if the developer can assure that all sale racks and such will be kept indoors and not on the front sidewalk of the store. Mr. Logan stated he is not sure what the County Ordinance states, but will make sure it is enforced as required in the Ordinance. Mr. Nowak mentioned the Board could consider a condition to an approval of the application which restricted outside sales racks.

Supervisor Gardner asked Mr. Logan to clarify his role as the developer. Mr. Logan stated Dollar General Corporation out of Nashville, TN will be the operator, but that the development company will build and lease the building to Dollar General. Mr. Mike Rosier came forward and stated he owns the development company and that they have built approximately 265 Dollar General Stores and of those still owns approximately 50-60 stores.

Supervisor Medlin asked if they have spoken with MDOT about a left turn lane. Mr. Logan stated MDOT did not mention any road improvements when the curb cuts were granted.

Supervisor Caldwell asked why the proposed store could not be put in down by Outfitters. Mr. Logan stated there was not available land to purchase and this property met all the requirements that Dollar General has for a potential site. Supervisor Caldwell asked about the area near I-69. Mr. Logan stated they attempted to contact the owner and also contacted MDEQ and there will need to be clean-up required by MDEQ and could be costly for development of the property. Supervisor Caldwell asked about land on Green River Road as a possible site. Mr. Logan stated that land is not for sale at this time.

______33 M.L. September 18, 2017

Supervisor Lee asked if there is anyone to speak for or against this item.

Bill Gillin – 1147 Hwy 301 – came forward with the following concerns:  The area is not the right place for commercial, this is a residential area  Feels the store will clutter the area with sidewalk sales  Will not enhance the area as there are already convenience stores at I-69 and Hwy 304  Presented a petition of nearby property owners who oppose the application.  Feels the inside of Dollar General Stores are a fire hazard  A Dollar General and C-4 use will decrease property value  A Dollar General and C-4 use will increase crime in the area  Dollar General will bring low paying jobs to the area

Cindy Williams – 1506 & 1462 Hwy 301 – came forward and had the following concerns:  Feels is spot zoning  Will decrease property values  C-4 zoning will only benefit the seller

Mark Williams – 1506 & 1462 Hwy 301 – came forward and had the following concerns:  Safety around for people at the proposed site as there are numerous recreational shooters and hunters in the area  Decreased traffic safety due to increased traffic - already speeding issues in the area  A store will further increase traffic on Hwy 301, which already has a lot of traffic.

Supervisor Gardner asked who gathered the signatures on the petition. Mr. Gillin stated he and Mary Love gathered the signatures. Supervisor Gardner asked how they were gathered. Mr. Gillin stated they went door to door in the area and stood in front of the Shell Station.

Mary Love – 1147 Hwy 301 – came forward and had the following concerns:  There are already 10 Dollar Generals in DeSoto County  They have poor customer service  Contacted Dollar General and call was not returned  Is not a shop local and buy local establishment  Feel if approved Dollar General should have to invest in the community  Feels this is a bad location for a store.

Anna Claire Williams – 1462 Hwy 301 – came forward and had the following concerns:  Wrong place for commercial development  Will decrease traffic safety  Will increase crime in the area.

Teodoro Alvarez – 3379 Glen Gyle Cove – came forward and had the following concerns about Dollar General:  Do not sell quality products  Not a good neighbor  Has had lawsuits and settlements against them

Dana Davis – 9255 Newell Rd. – came forward and had the following concerns:  She was not contacted by anyone regarding this application.  Does not feel another store is needed since there are other stores in the area  Do not feel the convenience is wanted or needed  Want good, positive development  A Dollar General will increase crime in the area.

Pat Alvarez – 3379 Glenn Gyle Cove – came forward and had the following concerns:  The rezoning will only benefit Dollar General  There are already too many Dollar Generals in DeSoto County  A Dollar General will cause increased crime in the area  They sell inferior quality products

Supervisor Caldwell asked who, and how did, Ms. Love contact Dollar General. Mr. Gillin stated they received a phone number for Dollar General from Mr. Chris Logan, but their phone call has not been returned.

______34 M.L. September 18, 2017 D.W. Gilbert – 4930 Layson Cove – came forward and asked if the Board will be able to limit sales outside of the store, and if the applicant would be willing to install a fire hydrant in front of the building. Mr. Rosier stated they would be willing to install a fire hydrant.

Mr. Gilbert then stated he is in support of the rezoning and feels that the newly approved subdivisions would support the rezoning. He then stated that the Corridor Study does call for neighborhood commercial in this area. He stated he feels concerns will be addressed and enforced by the applicant. Mr. Gilbert stated there is a need in the community for a convenient place to purchase necessities.

John Riley, the owner of the surrounding property, came forward and stated that he does plan to build and live in this community. He then stated he plans to build a home on St. Joseph Lane.

Shirley Harris – 3205 Woodland Lakes – came forward and stated that she is the President of the Woodland Lakes Subdivision and that a consensus was taken in the subdivision and more than 60 members of the subdivision are in support of this rezoning.

Supervisor Caldwell stated she appreciates the neighbors coming out to speak both for and against this item. She then stated that she has worked with Chris Logan for weeks to make sure, if the application was approved, that the building will be aesthetically pleasing and that with more residential growth there will be needs to be met in the community. Supervisor Caldwell then stated that she is concerned that a turn lane was not required on Hwy 301 and is also concerned with spot zoning.

Supervisor Caldwell made a Motion and Supervisor Russell seconded the Motion to deny DG DeSoto 301 Rezoning after consideration of the comments of the applicant and the public, documents presented, her knowledge of the area, finding that a C-4 rezoning would constitute spot zoning as it will be out of harmony with the comprehensive plan and surrounding neighborhood, the zoning would be for the benefit of only the applicant; there is no public need for zoning amendment; and the increased traffic with the lack of a planned turn lane or deceleration lane into the site creates a safety hazard.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

Supervisor Medlin made the motion and Supervisor Gardner seconded the motion to close the Public Hearing.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

b. Cypress Trails (756) - Application is for approval of Rezoning of property from A-R to R-30, identified as Parcel # 2-06-5-15-00-0-00029-05 and 2-06-5-20-00-0-00040-01 located south of Cypress Plantation and north of Woolsey Road in Section 15 & 22, Township 2, Range 6 and is zoned A-R (District 1) Applicant: Virginia Woolsey

Supervisor Medlin made the motion and Supervisor Caldwell seconded the motion to open Cypress Trails rezoning Public Hearing advertised for this day.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

FIRST DISTRICT SUPERVISOR, JESSIE MEDLIN YES

______35 M.L. September 18, 2017 SECOND DISTRICT SUPERVISOR, MARK GARDNER YES THIRD DISTRICT SUPERVISOR, BILL RUSSELL YES FOURTH DISTRICT SUPERVISOR, LEE CALDWELL YES FIFTH DISTRICT SUPERVISOR, MICHAEL LEE YES

Mr. Hopkins presented the Cypress Trails application for rezoning of property from A-R to R-30. Mr. Rusty Norville was present to present the application.

Mr. Rusty Norville – 317 W. Market St. Dyersburg, TN – came forward and stated they feel that the rezoning is justified based on a substantial change in the character of the neighborhood, and a public need for the zoning change, based on the following:  Increased population in the surrounding area  Increased subdivision development in the surrounding area  The amended zoning would be in alignment with the Comprehensive Plan

He stated several months ago there was an application for a gravel mine in the area that was denied because this is a residential area.

Supervisor Medlin asked if the applicant has looked at the Starlanding alignment. Mr. Norville stated that he is aware, after meeting with staff, that if the rezoning is approved they will need to dedicate right of way for Starlanding Road.

Supervisor Lee asked if there was anyone to speak for or against this item. There was no one.

Supervisor Medlin made a Motion and Supervisor Russell seconded the Motion to take this item under advisement for 30 days until the October 16, 2017 meeting at 11:00 a.m.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

2. New Business

i. Preliminary Subdivision

a. Waverly Place (7157) – Application is for Preliminary approval of 21 lots on 38.63 acres, identified as Parcel(s) #3-08-4-17-00-0-00005-00. Subject property is located on the west side of Rising Sun Road and north of W. Oak Grove Road in Section 17, Township 3, Range 8 and is zoned A. (District 5) Applicant: Waverly Place, LLC

Mr. Hopkins presented the Waverly Place application for preliminary subdivision approval of 21 lots on 38.63 acres. Mr. Robert Brankstone was present to present the application.

Mr. Robert Brankstone – 3805 Fogg Road – came forward and stated that he feels this application is well within the County Zoning Regulations for this zoning district. He stated if applied for alone 10 of the lots could be proposed as a minor lot application due to the lots having road frontage. He then stated he feels, after much consideration, access to the subdivision is best coming off Rising Sun Road. Mr. Brankstone stated there will be restrictive covenants with this subdivision if approved and he will sign off on all houses plans to make sure they meet the requirements of the covenants. He went on to state that there will be no front loading garages and the minimum house size will be 2400 sqf. He stated there are drainage issues on two lots and that will be addressed, and suggests that these two lots be left vegetated and will make that a deed restriction on those lots.

Supervisor Lee asked if there was anyone to speak for or against this item.

Sally Bradbury – 2644 Rising Sun Road – came forward and had the following concerns:  The lots are too small for this area  Will decrease property values for the surrounding area  Will increase traffic issues in the area

______36 M.L. September 18, 2017 Supervisor Gardner stated he did not consider 1.5 acre lots to be small lots, and then asked what would the neighbors be happy with? Ms. Bradbury stated not less than 3 acres.

Robert and Mary Wright – 4661 W. Oak Grove Road – came forward and are concerned with the following:  Lots are too small, should be at least 2-3 acre lots  Increased number of wells and septic tanks  Number of driveways the development places on Oak Grove Road  Number of mailboxes the development places on Oak Grove Road  Number of trash cans the development places on Oak Grove Road  Does not feel a three way stop sign will work on Oak Grove Road due to the hill near the proposed stop.  Increased traffic will decrease traffic safety  There are drainage issues in and around the site  Takes away from the country feel of the neighborhood

Gina Luther – 2529 Horn Lake Road – came forward and has the following concerns:  Lots are too small  Will increase traffic for the area  Too many houses being added to the area

Supervisor Lee asked what Mr. Brankstone felt the average home size would be built in the development. Mr. Brankstone stated he felt the average home size that would be built would be about 3,000 + sqf.

Sam Drury came forward and stated the developer would not have been happy for this subdivision when he lived in this area.

Bryan Carter – 4830 Oak Grove Road – came forward and had the following concerns:  Lots are too small  Would like to see at least 3 acre lots

Supervisor Caldwell asked if the lots with road frontage could be approved as minor lots. Mr. Hopkins stated the County’s ordinance would allow for that, and the Board of Supervisors has approved minor lots like those before.

Supervisor Caldwell made a Motion and Supervisor Russell to approve the Waverly Place application for preliminary subdivision of 21 lots on 38.63 acres.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

b. Vinson Ridge Subdivision (7159) Application is for Preliminary approval of 41 lots on 86.00 acres, identified as Parcel(s) #3-07-9-30-00-0-00005- 00. Subject property is located on the north & south side of Vinson Rd and west of McCracken Road in Section 30, Township 3, Range 7 and is zoned A. (District 5) Applicant: Vinson Ridge Developers, LLC

Mr. Hopkins presented the Vinson Ridge Subdivision application for preliminary approval of 41 lots on 86.00 acres. Mr. Andy Richardson was present to present the application.

Mr. Andy Richardson came forward and stated he feels this application meets the County’s ordinances and fits with the character of the neighborhood.

Supervisor Medlin asked what the minimum house size would be for this development. Mr. Billy Haynes, the owner of the property, stated the minimum house size will be 2,450 sqf.

Mr. Richardson stated that there are four points of access that were picked for safety concerns. He then stated that the road side needs to be cleared back to the right of way.

______37 M.L. September 18, 2017 Supervisor Caldwell asked if the garage would be side loading. Mr. Haynes confirmed that the garages will be side loading.

Supervisor Lee asked if there was anyone to speak for or against this item. There was no one.

Supervisor Lee made a Motion and Supervisor Medlin seconded the Motion to approve Vinson Ridge Subdivision application for preliminary subdivision of 41 lots on 86.00 acres.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

ii. Final Subdivision

a. Sweetbriar, Phase 1 (7165) - Application is for final subdivision approval of eighteen (18) lots on 37.43 acre(s). Subject property is located on the north side of Adair Lane and west of Hwy 305 in Section 15, Township 3, Range 6 and is zoned Agricultural (A). (District 5) Applicant: South Creek Homes

Mr. Hopkins presented the Sweetbriar, Phase 1 application for final approval of 18 lots on 37.43 acres. He stated the Planning Commission determined that the plat substantially conforms to the preliminary plat. Mr. Blake Mendrop was present to present the application.

Supervisor Lee made a Motion and Supervisor Gardner seconded the Motion to approve Sweetbriar, Phase 1 application for final approval of 18 lots on 37.43 acres.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

b. Villages at Hawks Crossing, Phase 3B (7167) – Application is for final subdivision of 6 lots on 1.76 acres. Identified as parcel #206930000 0001601. Subject property is located on the west side of Broadwing Circle in Section 30, Township 02, Range, 06 and is zoned PUD. (District 5)

Mr. Hopkins presented the Villages at Hawks Crossing, Phase 3B application for final approval of 6 lots on 1.76 acres. He stated the Planning Commission determined that the plat substantially conforms to the preliminary plat. Mr. Blake Mendrop was present to present the application.

Supervisor Lee made a Motion and Supervisor Gardner seconded the Motion to approve Villages at Hawks Crossing, Phase 3B application for final approval of 6 lots on 1.76 acres.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

c. Fieldbrook, Phase 1 – (7166) Application is for final subdivision of 57 lots on 100 acres. Identified as Parcel #3-07-5-22-00-0-00001-00. Subject property is located on the north side of Holly Springs Road and east of Getwell Road in Section 22, Township 3, Range 7 and is zoned R-30. (District 5)

______38 M.L. September 18, 2017 Mr. Hopkins presented the Fieldbrook, Phase 1 application for final approval of 57 lots on 100 acres. He stated the Planning Commission determined that the plat substantially conforms to the preliminary plat. Mr. Blake Mendrop was present to present the application.

Supervisor Lee made a Motion and Supervisor Caldwell seconded the Motion to approve Fieldbrook, Phase 1 application for final approval of 57 lots on 100 acres.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

FIRST DISTRICT SUPERVISOR, JESSIE MEDLIN ABSENT SECOND DISTRICT SUPERVISOR, MARK GARDNER YES THIRD DISTRICT SUPERVISOR, BILL RUSSELL YES FOURTH DISTRICT SUPERVISOR, LEE CALDWELL YES FIFTH DISTRICT SUPERVISOR, MICHAEL LEE YES

i. CONSENT

a. Everson Minor Lot (7173) – Approval of 4 lots on 28.03 acres. Identified as Parcel #2-09-7-25-00-0-00002-01. Subject property is located on the south side of Nesbit Road and east of Hwy 301in Section 25, Township 2, Range 9 Zoned A-R. (District 4) Applicant – Larry Everson

b. Seven Roses Stable Minor Lot (7174) - Application is for final approval of 2 lots on 7.63 acres Identified as Parcel(s) #4-08-5-16-00-0- 00025-00. Subject property is located on the west side of Airport Road and south of Wheeler Road in Section 16, Township 4, Range 8 Zoned A (District 5) Applicant – Larry Lockley

c. Reed 3 Lot Minor Lot (7175) - Application is for final approval of 3 lots on 8.56 acres Identified as Parcel #2-09-7-25-00-0-00004-00, #2-09-7-25- 00-0-00004-01 and #2-09-7-25-00-0-00004-02. Subject property is located on the west side of Hwy 301 and south of McGowen Road in Section 25, Township 2, Range 9 Zoned A-R (District 4) Applicant – Donna Reed Fowler

Mr. Hopkins presented the Consent Agenda items above. He then stated the applications meet all Subdivision Ordinance requirements.

Supervisor Caldwell made the motion and Supervisor Lee seconded the motion to approve the Consent Agenda items as presented.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

ii. OTHER

a. August Permit Report

Mr. Hopkins presented the August Building Permit Report and stated that permits are still trending upwards and that County permits are still ahead of all the municipalities.

b. Sean Green – request to install drain pipes

Mr. Sean Green – 4925 Cherry Tree Road – came forward and stated there are three lots on St. Joseph Road which, due to the lots being so low, needed to be built up. He then stated they are now asking to put in drain pipes to make the lots drainable, these pipes will be on private property.

______39 M.L. September 18, 2017

There was discussion of the drain pipes that the County is repairing now in Bridgetown Subdivision, and that the reason the County was able to do the repairs is that the drainage issues were affecting County roads.

Mr. Green stated he is not requesting to put the pipes in an open ditch, this whole area is low on these lots, and the pipes are needed to channel water in to the existing ditch to relieve water on each lot.

There was discussion that pipes were installed on the property without the County Engineer being notified, and that the plat for the subdivision states that drainage pipes are not to be installed. Mr. Andy Swims stated that the ordinance says a lot owner can not affect another property with drainage. He stated also any pipes installed must be concrete, and not plastic as is being proposed. Supervisor Caldwell stated that the drainage issues need to be reviewed by an engineer, so that if a pipe is needed and installed it is the correct size.

Mr. Andy Swims stated he is concerned with allowing individuals to place drainage pipes on property without his department inspecting and approving the same, may result in pipes being installed that are not properly sized or installed correctly. He then stated when if a pipe fails then the homeowner will look to the County to make repairs. He stated if these pipes were allowed the builder and lot owners need to make sure it is understood that if any issues occur in the future it is the sole responsibility of the homeowner to fix, and the County will not be responsible for the repairs.

There was discussion about leaving the pipe as it is, buried 8 ft. deep, and building a ditch or swell over it and not connecting the pipe to the County’s pipe.

There was discussion that the plat will need to be revised to include a covenant that future owners of the lots are aware that sole responsibility of any repairs to the pipes are the responsibility of the lot owners. It was determined that the property owner will be responsible for hiring an engineer to review the drainage, and to make the changes to the restrictions that are currently recorded on the plat.

Supervisor Caldwell made a Motion and Supervisor Russell seconded the Motion to allow the pipes on the lots on the north side of St. Joseph Lane to be left as they are, for a swell to be built over the pipe and for Mr. Green to work with the road department and engineer on how to maintain the open ditch on the lots on the south side of St. Joseph Lane. The current lot owners will be responsible for amending the recorded plat of Bridgestone Subdivision to include a covenant that any issues with the drainage pipes will be the sole responsibility of the property owner and that the County will not be responsible for any repairs to correct these issues. Going forward developers will contact the County beforehand concerning drainage pipes.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

FIRST DISTRICT SUPERVISOR, JESSIE MEDLIN NO SECOND DISTRICT SUPERVISOR, MARK GARDNER YES THIRD DISTRICT SUPERVISOR, BILL RUSSELL YES FOURTH DISTRICT SUPERVISOR, LEE CALDWELL YES FIFTH DISTRICT SUPERVISOR, MICHAEL LEE YES

c. Scrivener’s Error – Villages at Hawks Crossing 2B

Mr. Hopkins presented a scrivener’s error on the plat for Villages at Hawks Crossing Phase 2B, Lots 107-130 were recorded with the incorrect lot measurements. The error was a misprint on the Mylar originally recorded on 6-8-2017 in Book 121 page 42 and 43 instrument # 20170608010140330. Section 29 Township 2 Range 6. Page 2 of the existing plat will be replaced in whole as attached.

Supervisor Russell made the motion and Supervisor Lee seconded the motion to approve correcting the scrivener’s error on Villages at Hawks Crossing Phase 2B,

______40 M.L. September 18, 2017 originally recorded on 6-8-2017 in Book 121 page 42 and 43 instrument # 20170608010140330 in Section 29 Township 2 Range 6. Page 2 of the existing plat will be replaced in whole as presented.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

d. Scrivener’s Error – Smokey Hollow Farms, Section B

Mr. Hopkins presented a scrivener’s error on the plat for Smokey Hollow Farms, Section B, First Revision of Lot 41, in Plat Book 12, Page 20. He stated the Section, Township and Range were incorrectly noted on the plat as Section 10, Township 2 and Range 7 and should be Section 33, Township 5, Range 5.

Supervisor Medlin made the motion and Supervisor Caldwell seconded the motion to approve correcting the scrivener’s error for Smokey Hollow Farms, Section B, First Revision of Lot 41, in Plat Book 12, Page 20 to correct the section, township and range to be Section 33, Township 5, Range 5.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

e. Scrivener’s Error – Phillips Minor Lot

Mr. Hopkins presented the scrivener’s error on the plat for Phillips Minor Lot, in Section 28, Township 3, Range 6 West in Plat Book 122, Page 23. The acreage and zoning were incorrectly noted on the plat as 17.72 acres in the AR Zone. The correct acreage is 7.72 acres and is located in the A Zone.

Supervisor Medlin made the motion and Supervisor Caldwell seconded the motion to approve correcting the scrivener’s error for Phillips Minor Lot, in Section 28, Township 3, Range 6 West in Plat Book 122, Page 23 to change the acreage 7.72 acres and zoning to A Zone.

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

f. Pine Tree Loop – Authorize Legal to prepare a right of way and obtain a title search

Mr. Hopkins presented a request to allow Smith Phillips to prepare a right of way deed and obtain a title search for property associated with Pine Tree Loop Estates Minor Lot.

Supervisor Lee made the motion and Supervisor Caldwell seconded the motion to approve Smith Phillips to prepare the right of way deed and obtain a title search for property associated with Pine Tree Loop Estates Minor Lot.

______41 M.L. September 18, 2017

THE FOLLOWING ACTION WAS TAKEN ON THIS MATTER:

J. EXECUTIVE

The executive session portion of these minutes is recorded under the portion of the minutes called “Executive Session”.

Supervisor Lee Caldwell made the motion and Supervisor Jessie Medlin seconded the motion to recess the Board meeting until Monday, September 25, 2017 at 9:00 a.m.

The motion passed by a vote as follows:

THIS the 18th day of September, 2017, these minutes have been read and approved by the DeSoto County Board of Supervisors.

______Michael Lee, President DeSoto County Board of Supervisors

______42 M.L. September 18, 2017