Harrison County, MS

Minutes

Board of Supervisors

9:30 AM Gulfport Monday, April 5, 2010

ROLL CALL

STATE OF MISSISSIPPI COUNTY OF HARRISON BE IT REMEMBERED, that a regular meeting of the Board of Supervisors of Harrison County, Mississippi was begun and held in the meeting room of the Board of Supervisors of Harrison County, located in the First Judicial District Courthouse in Gulfport, Mississippi on the FIRST MONDAY OF APRIL 2010, being APRIL 5, 2010, the same being the time fixed by law and the place fixed by order of the Board of Supervisors of Harrison County at a former meeting thereof for holding said meeting of said Board. THERE WERE PRESENT and in attendance on said Board, president Connie Rockco, presiding; W. S. Swetman III, Kim B. Savant, Marlin R. Ladner, and William W. Martin, members of said Board of Supervisors; Tal Flurry, Tax Assessor for Harrison County, Mississippi; Melvin Brisolara, Sheriff of Harrison County, Mississippi; and John McAdams, Chancery Clerk and Ex-Officio Clerk of the Board. WHEREUPON, after proclamation by the Sheriff, the following proceedings

were had:

W.S. Swetman III; Kim Savant; Marlin Ladner; William Martin and Connie Rockco

Present 5 -

10-0800 1 The Local Area Census representative scheduled to give an update on percentage of response to census questionnaire for Harrison County did not appear.

census report request Attachments:

This matter was NO BOARD ACTION

10-0733 2 Mr. Robert I. Padilla appeared before the Board to discuss three issues: a) Cleanup of Madlinich property, being tax parcel 0412K-03-037.000, Lot 1, Block 4 of Knollwood Subdivision, Pass Christian. The Board Attorney will review the file and the Board orders of 2006 concerning this matter. b) Use of an existing structure that previously was his residence as storage shed instead of a pavilion, as suggested by the Code office. The owner can file a request for a variance with the Planning Commission on this property. c) Use of an existing storage building fronting construction of the proposed

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April 5, 2010 Board of Supervisors Minutes

new MDA home at 3440 East James Circle, Pass Christian, Mississippi. The owner can file a request for a variance with the Planning Commission on this matter.

Padilla cover letter Attachments:

This matter was NO BOARD ACTION

10-0834 3 ORDER suspending Robert's Rules of Order to deviate from the orders of the day.

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0722 04 RESOLUTION authorizing the sale, conveyance, and transfer of certain property to the Mississippi Transportation Commission for the construction of the Canal Road - Port Connection Improvement Project 101212/204000, as listed, and authorizing the Board President to execute any necessary documents related thereto: a) 0.416 acres located in Block 92, North Gulfport Subdivision, First Judicial District, for the sum of $6,345.00. b) 0.270 acres located in Block 91, North Gulfport Subdivision, First Judicial District, for the sum of $4,120.00. [DETAILED RESOLUTIONS APPEAR AS ATTACHMENTS 1 AND 5.]

Resolution-Canal Road Port Connection 4.5.10.0000.pdf MDOT Canal Road cover letter Canal Road project Block 91 appraisal Canal Road Block 91 warranty deed Resolution Block 92 4.5.10.0000.pdf Canal Road project Block 92 appraisal Canal Road Block 92 warranty deed

Attachments:

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

this Resolution be ADOPTED . The motion carried by the following vote.

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

5 -

10-0830 05 ORDER concurring in the resolution of the Harrison County Development Commission approving the sale of a utility easement situated in the Pass Christian industrial park to Harrison County Utility Authority, for the purpose of a utility easement, with such purchase being in accordance with the fair market value offer to sell attached to said resolution as exhibit "A", having a purchase price of $700.00, and authorizing the Board to join in the

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April 5, 2010 Board of Supervisors Minutes

conveyance of said utility easement. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Order concurring in easement resolution 4.5.10.0000.pdf Exhibit A - Utility Authority

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0737 06 ORDER concurring in the resolution of the Harrison County Development Commission authorizing the expenditure up to $92,922.00 with FEMA reimbursing $72,922.00, to perform dredge work at the siltation basin in Bernard Bayou Industrial District, and authorizing the Harrison County Development Commission to enter into a contract with J.E. Borries, Inc. to perform said work at said price. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Borries Order Concurring 3.5.10.0000.pdf Borries RESOLUTION Borries Contract

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0739 07 ORDER concurring in the resolution of the Harrison County Development Commission authorizing the expenditure of up to $246,695.00 with FEMA reimbursing $181,750.00, to replace the roof, side wall panels and doors on the "A" Avenue building in the Long Beach Industrial Park, and authorizing the Harrison County Development Commission to enter into a contract with Delta Construction, Inc. to perform said work at said price.

Delta constr ORDER Delta Constr RESOLUTION Delta Contract

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0792 08 ORDER approving reimbursement to the Harrison County Development Commission for advance of funds for the purchase of the North Harrison County Industrial Park in the amount of $7,503,833.00, payable from bond fund 312-681-900.

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April 5, 2010 Board of Supervisors Minutes

Reimbursement to HCDC Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0736 09 ORDER acknowledging receipt of a resolution adopted and recommended by the Harrison County Development Commission, granting a tax exemption for Ad Valorem taxes for a period of five years to Northrop Grumman Ship Systems, Inc., as authorized by Section 27-31-105, et seq. of the Mississippi Code of 1972, (Suppl. 1993), and approving said tax exemption for a period of one year. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Order Northrop Grumman 4.5.10.0000.pdf Northrop Grumman Exhibit A Northrop 2010 resol

Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

3 -

Nay: Supervisor Marlin Ladner and Supervisor Connie Rockco 2 -

10-0832 10 ORDER approving the relocation of voting precincts located in Supervisor's Voting District 4, as listed, subject to the approval of the United States Department of Justice: a) Precinct 401, Gulfport 3, from the National Guard Armory located at 3310 17th Street, Gulfport Mississippi to the 19th Street Community Center located at 1319 19th Street, Gulfport, Mississippi. b) Precinct 404, Gulfport 13, from the Isiah Fredericks Community Center located at 3312 Martin Luther King Blvd, Gulfport, Mississippi to the Gaston Hewes Recreation Center located at 2733 33rd Avenue, Gulfport, Mississippi. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Relocation of Voting Precincts 4.12.10.0000.pdf District 4 voting precinct changes

Attachments:

Supervisor Martin suggested that Precinct 409 North Bel Aire be moved from its present location on Klein Road to Dedeaux Road, once the city of Gulfport community center on said road is completed.

A motion was made that this Order be TABLED to the Board of Supervisors, due

back on 4/12/2010 by the following vote:

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

5 -

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April 5, 2010 Board of Supervisors Minutes

10-0724 11 ORDER tabling the request of the Woolmarket Lions Club to be paid $125.00 per day for use of their building as a voting precinct during elections.

Woolmarket Lions Club request Attachments:

A motion was made that this Order be TABLED to the Board of Supervisors, due

back on 4/12/2010 by the following vote:

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

5 -

CONSENT AGENDA WHEREAS, the Board President and the County Administrator recommend that items 12 through 35 on the agenda appear to be routine non-controversial matters on which all Supervisors are likely to agree and can be taken up as consent items; and WHEREAS, the Board President did explain that any Supervisor could, in advance of the call of the question, request that any of the aforesaid items be removed

from the Consent agenda.

10-0818 12 ORDER approving a change order to Samuel Day Construction, Inc.'s contract for an increase in the amount of $10,368.00 for the concrete footing increases to accommodate the metal building reactions at the new District Two Canal Road Fire Station, as approved by Daniel R. Boudreaux, County Engineer, and authorizing the Board President to execute same.

changeorderform 5-4-10Dist.2 fire change order

Attachments:

This Order was APPROVED by consent roll call

10-0778 13 ORDER approving purchase of proximity card access control for the data center door, as recommended by Lisa Vaughan, IT Director, from the low quote submitted by Access Control Group at a cost of $ 1,912.00, payable from 001-152-553.

Access Control Group - data center door ID Group - data center door

Attachments:

This Order was APPROVED by consent roll call

10-0820 14 ORDER adjudicating overtime in the Road Department, as per attached list.

March Overtime 4.5.10.0000.pdf Attachments:

This Order was APPROVED by consent roll call

10-0797 15 ORDER approving terminations for Harrison County Sheriff's Office, as listed: Larry Bouget, Corrections Officer, effective 3/8/10. (PIN# CA020) Thomas Thode, Corrections Officer, effective 3/18/10. (PIN# CA163)

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April 5, 2010 Board of Supervisors Minutes

This Order was APPROVED by consent roll call

10-0798 16 ORDER accepting resignations for Harrison County Sheriff's Office, as listed: Joshua Mayhue, Corrections Specialist, effective 3/1/10. (PIN #CA095) Donald Bernius, Deputy Patrol, effective 2/28/10. (PIN #OP052) Brent Cuevas, Corrections Officer, effective 3/14/10. (PIN# CW012) Nancy Kurowski, Evidence Technician, effective 3/31/10. (Retirement) (PIN# OI010) Brynn Santalla, Dispatcher, effective 3/30/10. (PIN# OC031) Henry Noha, Corrections Officer, effective 3/17/10. (PIN# CA043)

This Order was APPROVED by consent roll call

10-0803 17 ORDER approving terminations, as listed: Michelle Averyheart, Youth Court Shelter, Relief Child Care Worker, effective 3/15/2010.

This Order was APPROVED by consent roll call

10-0808 18 ORDER approving deposit in the amount of $250,000.00 into the Tort Account.

[The Board President requested the Insurance Administrator or the Chancery Clerk to provide the amount spent on legal fees this fiscal year paid from the Tort Account].

This Order was APPROVED by consent roll call

10-0728 19 ORDER approving advertisement for bids for State Aid Projects as listed: a) John Lee Road bridge - Project No. LSBP 24 (9) b) Maintenance overlay - Lobouy and Wolf River roads - Project No. STP-0024(24)B.

State Aid projects advertisment Attachments:

This Order was APPROVED by consent roll call

10-0718 20 ORDER designating the Purchase Clerk, the Chancery Clerk, and any Department Head, as needed, as the Board representatives, to receive bids, as listed:

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April 5, 2010 Board of Supervisors Minutes

a) April 8, 2010 at 10:30 a.m. - District Four splash park b) April 15, 2010 at 10:00 a.m. - Repairs and rehabilitation of Pass Christian comfort station c) April 22, 2010 at 10:00 a.m. - Replacement and installation of twenty-two air conditioning systems d) April 30, 2010 at 10:30 a.m. - Bayou View Park restroom facility

This Order was APPROVED by consent roll call

10-0729 21 ORDER spreading upon the Minutes the Memorandum of Understanding dated September 21, 2009 between the Sheriff of Harrison County and the Pass Christian School District to reimburse Harrison County Sheriff for providing School Resource Officer.

MOU Sheriff - Pass Christian school Attachments:

This Order was APPROVED by consent roll call

10-0774 22 ORDER authorizing the purchase of one dual purpose canine, with handler's course and certification included, from the low quote submitted by US K9 Unlimited for $14,500.00, payable from 029-215-922 (forfeiture).

agenda k9 Attachments:

This Order was APPROVED by consent roll call

10-0805 23 ORDER authorizing the purchase of office furniture, as per attached list, from Sun Coast Business Supply (State contract 5-420-14778-09), total cost of $9,593.41, payable from 114-215-919 (forfeiture).

Sun Coast Quote Attachments:

This Order was APPROVED by consent roll call

10-0813 24 ORDER authorizing the purchase of 43 bulletproof vests from Roper Supply Company for $29,873.95 (State contract 5-680-04815), with $10,164.00 payable from 030-210-921 to be reimbursed by the Bureau of Justice Assistance Bulletproof Vest Partnership Solicitation and remaining balance of $19,709.95 payable from 029-215-613 (forfeiture).

Bulletproof vests Attachments:

This Order was APPROVED by consent roll call

10-0742 25 ORDER approving claims docket, per statute. [CLAIMS DOCKET SUMMARY APPEARS AS ATTACHMENT 1.]

CLAIMS DOCKET SUMMARY 4.5.10.0000.pdf Attachments:

This Order was APPROVED by consent roll call

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April 5, 2010 Board of Supervisors Minutes

10-0745 26 ORDER to void tax sales of August 25, 2008 and August 31, 2009 on Parcel Nos. 0710K-01-032.001 and 0710-K-01-024.000, assessed to John E. Shavers, and authorizing total reimbursement of $493.00 to tax purchaser Patricia Dalton. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Void Tax Sale 4.5.10.0000.pdf Attachments:

This Order was APPROVED by consent roll call

10-0746 27 ORDER approving reduction in assessment of personal property for 2008, as listed, as recommended by the Tax Assessor: Parcel 0311A-01-001.000, Gary Saucier, delete improvements destroyed by Katrina.

Reduction in Assessment 4.5.10.0000.pdf Attachments:

[The Board President requested the Tax Assessor to give a report of how much reduction in assessment has been granted thus far for 2009].

This Order was APPROVED by consent roll call

10-0747 28 ORDER authorizing redemptions for erroneous tax sales, as listed: JOHN McADAMS - FIRST JUDICIAL DISTRICT a) $2,486.71, Parcel 0313A--03-075.000, delete improvements.

Land Redemption 4.5.10.0000.pdf Attachments:

This Order was APPROVED by consent roll call

10-0806 29 ORDER authorizing Board president to execute Request for Cash and Summary Support Sheets, as listed, and authorizing payment of claims upon receipt of funds for CDBG projects listed: a) Request for Cash and Summary Support Sheet No. 14 for $3,483.33 to Jimmy G., Gouras Urban Planning Consultants, Invoice #8490, CDBG Project #R-103-024-02-KED, Trinity Project, payable from 308 677 562. b) Request for Cash and Summary Support Sheet No. 18 for $563,339.39, Parking Garage, CDBG Project #R-109-024-01-KCR: 1) $7,524.29 to Eley Guild Hardy, Invoice #08-004-12, payable from 308 672 581. 2) $3,416.67 to Jimmy Gouras, Invoice #8487, payable from 308 672 562. 3) $552,398.43 to White-Spunner, Invoice #7, payable from 308 672 581. c) Request for Cash and Summary Support Sheet No. 24 for $1,320,567.12, Coliseum, CDBG Project #R-103-024-03-KED: 1) $7,595.96 to Eley Guild Hardy, Invoice 08-051-5, payable from 308 674 581. 2) $3,866.66 to Jimmy Gouras, Invoice #8489, payable from 308 674 562. 3) $300,945.78 to Warren Paving, Invoice #2, payable from 308 674 581. 4) $69,195.00 to Starks Construction, Invoice #8, payable from 308 674 581.

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April 5, 2010 Board of Supervisors Minutes

5) $30,455.00 to Starks Construction, Invoice #9, payable from 308 674 581. 6) $4,568.48 to Eley Guild Hardy, Invoice #08-048-9, payable from 308 674 581. 7) $6,263.42 to Eley Guild Hardy, Invoice #08-049-11, payable from 308 674 581. 8) $8,822.48 to Eley Guild Hardy, Invoice #08-073-9, payable from 308 674 581. 9) $460,554.69 to Yates Construction, Invoice #9, payable from 308 674 581. 10) $428,299.65 to Roy Anderson, Invoice #8, payable from 308 674 581

CDBG Trinity 4.5.10.0000.pdf CDBG Parking Garage 04.5.10.0000.pdf CDBG Coliseum 04.5.10.0000.pdf

Attachments:

This Order was APPROVED by consent roll call

10-0740 30 ORDER acknowledging receipt of and spreading upon the Minutes the voided Change Order No. 3 of W.G. Yates & Sons Construction Co. for the East concourse addition to the Mississippi Coast Coliseum and Convention Center, Katrina Supplemental CDBG Project No. R-103-024-03-KED, as transmitted by Eley Guild Hardy Architects.

Voided Change Order No. 3 Attachments:

This Order was APPROVED by consent roll call

10-0793 31 ORDER acknowledging receipt of the letter from the Mississippi Department of Public Safety, Division of Public Safety Planning dated March 15, 2010, advising Harrison County that the District Attorney's subgrant application for the Mississippi Recovery Stop Violence Against Women Program, Subgrant No. 09WP1241 has been approved in the amount of $13,488.06, and authorizing the Board President to execute any documents related thereto.

DA grant subgrant signature sheet DA grant certification re. debarment DA grant certification re. lobbying DA grant subgrant standard assurances DA grant statement of special conditions DA grant annual progress report DA grant cost summary support sheet DA grant budget summary

Attachments:

This Order was APPROVED by consent roll call

10-0741 32 ORDER approving the revised construction change directive No. 1 for a decrease in allowance of $199,276.55 to Roy Anderson Corp. 's contract for the Mississippi Coast Coliseum and Convention Center, Katrina Supplemental CDBG Project No. R-103-024-03-KED, as recommended by

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April 5, 2010 Board of Supervisors Minutes

Eley Guild Hardy Architects, and authorizing the Board President to execute same.

Construction change directive No. 1 Roy Anderson Attachments:

A motion was made that this Order be APPROVED by consent roll call.

10-0811 33 ORDER declaring various items junk or lease returns, as per attached list, and authorizing the Inventory Clerk to remove same from the inventory list.

4-5-10 Junked Inventory Items Attachments:

This Order was APPROVED by consent roll call

10-0812 34 ORDER declaring various items junk, as per attached list from the Second Circuit Court District Attorney's Office, and authorizing said department to dispose of these assets.

Inventory Removals - District Attorney's Ofice Attachments:

This Order was APPROVED by consent roll call

10-0821 35 ORDER declaring various items surplus, as per attached list, to be sold at the County Auction, April 10, 2010 at Long Beach Auto Auction, and authorizing the Inventory Clerk to remove same from inventory list.

updated 4-10-2010 auction list Attachments:

This Order was APPROVED by consent roll call

END OF CONSENT AGENDA

1003HC025 36 ORDER concurring with the recommendation of the Planning Commission to approve as follows: Case file #1003HC025-Zoning Map Amendment-Karen & Keith Lee-13649 Alcede Lizana Rd.-tax parcel #0307-36-004.000-Supervisor District 3 Said petition was filed by Karen & Keith Lee requesting approval to change the

zoning district classification of an 8.27 acre parcel of land. The property is

currently zoned as an A-1 (general agricultural) District. The request is to

change the zoning district classification to an E-1 (very low density residential)

District for the purpose of making additions to an existing single dwelling home.

The subject property is located at 13649 Alcede-Lizana Rd. The ad valorem tax

parcel number is 0307 -36-004.000. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

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April 5, 2010 Board of Supervisors Minutes

1003HC025 Order 4.5.10.0000.pdf 1003HC025 Staff Report Map Amendment 1003HC025 Site plan 1003HC025 map 1003HC025 image 1003HC025 Application 1003HC025 Deed 1003HC025 Adj list

Attachments:

A motion was made by Supervisor Swetman III, seconded by Supervisor Martin, that this Zoning Map Amendment be APPROVED. The motion carried by the

following vote.

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

5 -

1003HC027 37 ORDER concurring with the recommendation of the Planning Commission to approve as follows: Case file #1003HC027-Zoning Map Amendment & Conditional Use Permit-Dave Pushcar for Euna V. Brown-XXXXX J. Preston Rd.-tax parcel #1305-06-017.000- Supervisor District 1 Said petition was filed by Dave Pushcar requesting approval to change the zoning

district classification of a 2.03 acre parcel of land shown as Parcel 1 on the

survey. The property is currently zoned as an E-1 (very low density residential)

District. The request is to change the zoning district classification to an R-2

(medium density residential) District for the purpose of placing a manufactured

home. The placement of a manufactured home in the R-2 district requires a

Conditional Use Permit from the Planning Commission. The subject property is

located at XXXXX J. Preston Rd. The ad valorem tax parcel number is 1305

-06-017.000. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

1003HC027 Order 4.5.10.0000.pdf 1003HC027 Staff Report Map Amend & Cond Use 1003HC027 Site plan 1003HC027 map 1003HC027 image 1003HC027 Application 1003HC027 Deed 1003HC027 Adj list 1003HC027 Soil evalution

Attachments:

A motion was made by Supervisor Swetman III, seconded by Supervisor Martin, that this Zoning Map Amendment / Conditional Use Permit be APPROVED. The

motion carried by the following vote.

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

5 -

1003HC036 38 ORDER concurring with the recommendation of the Planning

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April 5, 2010 Board of Supervisors Minutes

Commission to approve as follows: Case file #1003HC036-Zoning Map Amendment-Jack & Georgene Weaver-14419 Big John Rd-tax parcel #1207A-02-024.000- Supervisor District 1 Said petition was filed by Jack & Georgene Weaver requesting approval to

change the zoning district classification of a 1.8 acre parcel of land. The

property is currently zoned as an E-1 (very low density residential) District. The

request is to change the zoning district classification to an R-1 (low density

residential) District for the purpose of splitting the lot and building a new single

family house. The subject property is located at 14419 Big John Rd. The ad

valorem tax parcel number is 1207A-02-024.000. [DETAILED ORDER APPEARS AS ATTACHMENT 1.]

1003HC036 Order 4.5.10.0000.pdf 1003HC036 Staff Report Map Amendment 1003HC036 Site plan 1003HC036 map 1003HC036 image 1003HC036 Applicaton 1003HC036 Deed 1003HC035 Adj list same as 1003HC036

Attachments:

A motion was made by Supervisor Swetman III, seconded by Supervisor Martin, that this Zoning Map Amendment be APPROVED. The motion carried by the

following vote.

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

5 -

10-0776 39 ORDER adopting the 2006 International Building Code and the 2006 International Residential Code with reference books and updates, including International Mechanical Code and International Plumbing Code, effective April 12, 2010, as on file with the Code Administrator and Clerk of the Board.

[Supervisor Savant brought up for discussion the need to revisit the Flood Control Ordinance wherein two cumulative losses within the lifetime of a building adding up to 49.9% as per FEMA/MEMA regulations, would prevent the homeowner to rehabilitate the structure. The Board could consider changing the time frame specified in the current ordinance.]

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0719 40 ORDER approving an extension to the Mississippi Security Police's contract ending March 31, 2010 to provide services at the Harrison County Juvenile Detention Center for a period of six months, ending September 30, 2010 with no change to the contract amount.

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April 5, 2010 Board of Supervisors Minutes

MS Security Police letter Attachments:

[The Board recommended that 3% increase from the previous contract amount of $1,709,539.20 be considered during budget time.]

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0720 41 The Board discussed the contract with Medical Analysis for wellness program and clinic ending May 31, 2010. After full discussion the Board adopted an ORDER approving advertisement of RFP for a wellness program and clinic for Harrison County.

2008 Medical Analysis Contract 2009 Medical Analysis contract Amendment to Medical Analysis contract

Attachments:

[The County Administrator stated that there was no problems with the current contrat, but that several other medical institutions have expressed an interest in providing wellness program and clinic for Harrison County. Therefore there could be savings for the county].

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0731 42 RESOLUTION to incorporate the Saucier Fire Protection Grading District, and for related purposes. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1]

Resolution to Incorporate Saucier Fire Dist. 4.5.10.0000.pdf Exhibit A to Saucier District

Attachments:

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

this Resolution be ADOPTED. The motion carried by the following vote.

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

5 -

10-0732 43 RESOLUTION to incorporate the N. Woolmarket Fire Protection Grading District, and for related purposes. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1]

Resolution to Incorporate N. Woolmarket Fire 3.5.10.0000.pdf Exhibit A to N. Woolmarket

Attachments:

[The Fire Marshal explained that these changes will allow ratings in certain areas now incorporated in the Fire Protection Grading District to go from 10 to 8, thus reducing insurance rates for those residents. Supervisor Ladner inquired about status of area North of 28th Street to be included in the Lizana Fire Protection Grading District. Mr. Mixon is working on this].

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April 5, 2010 Board of Supervisors Minutes

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0824 44 ORDER approving the Memorandum of Agreement for MS. R. 773 CIAP Project - Beach Restoration-Storm Water Demonstration Project with the Mississippi Department of Marine Resources, and authorizing the Board President to execute said agreement.

memo of agreement ms r 773 Attachments:

[Supervisor Rockco congratulated the Sand Beach Director in bringing about this project to cover culvert on the beach, now ten years in the making].

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0825 45 ORDER approving Change Order No. 3 (Summary) to Coleman Hammons Construction, Inc.'s contract for the Pedestrian Pathway Project, Katrina PW 10358, as recommended by Brown & Mitchell, Inc., Project Engineer, and authorizing the Board President to execute same. (The change order decreases the project cost by $10,758.00 and extends work by five days).

change order pw10358 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

4 -

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0826 46 ORDER accepting some proposals received January 21, 2010 and completing permitting for vendors, as listed, as per the Beach Vending Rules and Regulations: L-2 Jose and Shirley Valdez D/B/A Tropical Treats G-4 Cyndi and Terry O'Mar D/B/A Cyndi's Sno Delite B-1 James B. Foster D/B/A Life A Beach Rentals B-2 Raleigh Carter D/B/A Carter's Beach Rentals B-3 Beach Bums Parasail and Water Craft Rentals, Inc. B-4 Get Wet Jet Ski, Inc. B-5 Get Wet Jet Ski, Inc. B-6 Get Wet Jet Ski, Inc. B-10 Sky and Ski Corporation B-11 Sky and Ski Corporation [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Page 14 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

Order accepting beach vending proposals 4.6.10.0000.pdf Proof of Publication Beach Vending 4.5.10.0000.pdf vendors issued permits sand beach vendors Bid Tab

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

4 -

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0795 47 ORDER concurring with the Road Manager on employment, as listed and as on file with the Payroll Clerk and Personnel Department: Richard Rose, Road Department/D'Iberville Work Center, Equipment Operator II, full time, effective 3/22/10.

RM employment 4 5 2010 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner and Supervisor William Martin

3 -

Abstain: Supervisor Connie Rockco 1 -

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0796 48 ORDER concurring with the County Administrator on employment, as listed and as on file with the Payroll Clerk and Personnel Department: Joseph Newman, Mosquito Control, Truck Driver/Sprayer, status change from part time to full time, salary change, effective 3/15/10. (Replacing Joseph Hood) Judy Green, Youth Court Shelter, Relief Child Care Worker, effective 4/05/10. Deborah Bonilla, Youth Court Shelter, Relief Child Care Worker, effective 4/05/10. Marilyn Bowman, Youth Court Shelter, Relief Child Care Worker, effective

4/05/10.

CA employment 4 5 2010 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

4 -

Page 15 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0799 49 ORDER spreading on the minutes employment for Harrison County Sheriff's Office, as listed and on file with the Payroll Clerk and Personnel Department: Jose Clay, Corrections Officer, full time, effective 3/16/10. (PIN#CA 049) Dayo Smallman, Corrections Officer, full time, effective 3/16/10. (PIN#CW 012)

Employment S.D. 4 5 2010 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

4 -

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0801 50 ORDER spreading on the minutes employment changes for Harrison County Sheriff's Office, as listed and on file with the Payroll Clerk and Personnel Department: Imelda Wolsieffer, Deputy, status change from salary to hourly, effective 3/1/10. (PIN# CA 074) David Bryant, Deputy, education pay increase, effective 3/16/10. (PIN# OC 004) Leslie Shelton, Deputy, payroll account correction, effective 3/1/10. (PIN#CA 059) Jerry Mickel, transfer from Dispatch to Patrol, effective 3/1/10. (PIN#OP 037)

Employment Changes for S.O. 4 5 2010 Attachments:

[Supervisor Rockco inquired about Bryant's education pay increase. Vandy Mitchell stated that the officer completed an associate's degree].

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

4 -

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0816 51 ORDER approving payments from the Tort Account, as listed:

Page 16 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

$1,833.34 payable to Robert Lang for automobile damage and rental vehicle, as recommended by Safety Officer Mike Andrews. $52,487.87 payable to Dukes, Dukes, Keating and Faneca for Tort Litigation. $37.25 payable to Associated Adjusters on claim of John Ault. $388.49 payable to Associated Adjusters on claim of Shemekia Allen.

pmt of accident claims 4 5 2010 Dukes, Dukes, Tort 4 5 2010 assoc adj pmt 4 5 2010 b Assoc Adj pymt 4 5 2010

Attachments:

[Supervisor Swetman inquired about Ault's claim. The County Administrator stated that the backup shows that this was the charge for the claims' close out letter by Associated Adjusters].

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0749 52 ORDER awarding Alternate No. 1 in the amount of $75,000.00 to Starks Contracting Co., Inc. for landscape/irrigation for the replacement and relocation of the Gulfport Library, as recommended by Eley Guild Hardy Architects, and authorizing the Board President to execute the contract, as reviewed by the Board Attorney, (for a total amount of $6,500,000.00). [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Order for Gulfport Library Alternate One 4.5.100000.pdf Proof of Publication 4.5.10.0000.pdf 2010.03.23 revised recommendation letter 2010.03.23 revised bid tab with alt 1 2010 03 29 Starks contract

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0828 53 ORDER acknowledging receipt of bids received on March 25, 2010 for Beach Vending Permits at various locations, as advertised, for tabulation and award at a later date. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Page 17 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

Order receiving and laying over bids 4.6.10.0000.pdf Proof of Publication 4.5.100000.pdf Bid Tab Gulfside Casino Partnership Legacy Condominiums Life's A Beach Rentals RW Development Wet & Wild

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0773 54 The Sheriff's representative reported that 835 persons are currently housed in the Harrison County Jail Facilities; 643 are at the main facility and 192 in pods. These numbers include 116 misdemeanors and 126 females.

This matter was NO BOARD ACTION

10-0677 55 ORDER declaring the items, per attached lists, as surplus, and authorizing the Inventory Control Clerk to remove same from the County Inventory, to be sold at the County auction on April 10, 2010.

AUCTION APRIL 10th, 2010 Additional surplus for sheriff Dept.

Attachments:

[Items on the Sheriff's list are also included in listing of agenda item # 35. The Supervisors inquired if some of the vehicles to be auctioned off are in operating condition and could be used in the county's fleet by other departments. The Sheriff's office will meet with the County Administrator to review availabily and remove from the auction list].

A motion was made by Supervisor Swetman III, seconded by Supervisor Martin,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0814 56 ORDER authorizing the purchase of surveillance equipment for a total of $8,845.00, payable from 029-215-922 (forfeiture), as authorized under Section 31-7-13 of the Mississippi Code of 1972 Annotated. ($7,498.51 will be

reimbursed by the 2007 Justice Assistance Grant.)

A motion was made by Supervisor Swetman III, seconded by Supervisor Ladner,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0743 57 ORDER approving payment of claims, as listed: a) $7,120.00 to Seymour Engineering, Invoice #3245, services for Martin

Page 18 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

Luther King Sidewalk Improvements, payable from 307 300 555. b) $239.00 to Brown & Mitchell, Inc., Invoice #17923, general engineering services in reviewing Porter Avenue Pier and Armed Forces Retirement Home Overpass plans, approved for payment by Robert Weaver and payable from 156 355 555. c) $6,000.00 to Machado/Patano, Invoice #10268, DeBuys Road Improvements, as recommended by County Engineer Danny Boudreaux and payable from 001 100 581. d) $10,632.63 to William P. Wessler, collection of delinquent personal property taxes for month of February 2010, payable from 001 100 581. e) $6,000.00 to Wright CPA Group, special engagement pertaining to Long Beach School District tax collections and assessments, payable from 001 100 551. f) $44,716.72 to Eley Guild Hardy Architects, Invoice #09-038-2, reroof of Harrison County Courthouse, payable from 170 369 581. g) Total of $13,127.50 to Dukes, Dukes, Keating & Faneca, legal fees and expenses for Harrison County Sheriff's Department, as listed: 1) $7,487.50, Invoice #59099, General Administrative. 2) $5,640.00, Invoice #59100, Civil Service Matters. h) $2,565.00 to Samuel B. Day Construction, Inc., Application for Payment No. 1, District Two Fire Station, recommended for payment by County Engineer Danny Boudreaux and payable from 106 250 902. i) $142,466.10 to Mississippi Security Police, HARCO Youth Detention Center, Invoice #6073, payable from 001 223 581. j) $20,472.50 to Eley Guild Hardy Architects, Invoice #6 for reimbursable expenses on replacement and relocation of Gulfport Library, payable from 170 367 581. k) $946.00 to Professional Service Industries, Inc., Invoice #BR00030464, Pedestrian Pathway Project, Katrina, PW 10358, approved for payment by Brown & Mitchell and Robert Weaver and payable from 170 369 904. l) $283,744.57 total to Coleman Hammons Construction Co., Inc., Payment Application No. 21 (final), Pedestrian Pathway Project, Katrina, PW 10358, approved for payment by Brown & Mitchell and Robert Weaver and payable as follows: 1) $277,113.34 FEMA related work, to be paid from 170 369 904. 2) $6,631.23 Non-FEMA related work, to be paid from 156 355 906.

Claims 4.5.10.00000000.pdf Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0817 58 ORDER approving, and authorizing the Board President to execute Project Requisition Number 62, authorizing Hancock Bank to make payments, as listed, from the $68M Coliseum/Convention Center Expansion Project Fund: a) $28,335.44 to PSX Inc., Invoice 09-10731, expansion speaker system. b) $1,857.10 to PSX Inc., Invoice 10-2748, additional expansion wire. c) $15,203.30 to W. G. Yates & Sons Construction, Invoice 53946-10-1, building alterations.

Page 19 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

d) $81,506.62 to W. G. Yates & Sons Construction, Pay Application No. 28, Phase II expansion. e) $10,440.00 to MCCC, coolers, hotel and restaurant supply. f) $190,000.00 to W. G. Yates & Sons Construction, Pay Application No. 29 RET, Phase II expansion.

$68M Coliseum MDA 4.5.10.0000.pdf Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0807 59 RESOLUTION authorizing amendment to the agreement for sale and purchase of real estate between the county and Community Bank, agreeing to extend the lease agreement for a period of one year, which property is commonly known as the Orange Grove Library, and for related purposes. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1]

Resoluion extending leae agreement 4.5.10.0000.pdf Agreement to Extend Agreement - Orange Grove Library (2) original Orange Grove Lib-Lease

Attachments:

A motion was made that this Resolution be ADOPTED by the following vote:

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

5 -

10-0853 60 ORDER tabling authorization for the Land Trust for the Mississippi Coastal Plain to prepare grant application for CIAP Project MS.R.707, Turkey Creek Watershed land acquisition.

[Supervisor Savant reported that the attorney for the city of Gulfport wanted to confer with the Board Attorney on this matter, prior to the Board taking any action].

The motion failed by the following vote.

Aye: Supervisor W.S. Swetman III and Supervisor Kim Savant 2 -

Nay: Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

3 -

10-0809 61 ORDER authorizing the Land Trust for the Mississippi Coastal Plain to begin preparation of grant application for CIAP Project MS.R.707, Turkey Creek

Watershed land acquisition project, as per attached project description.

MS.R.707-F- Land Acquisition in Turkey Creek Watershed Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0721 62 ORDER approving issuance of a check to the Mississippi Department of

Page 20 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

Public Safety, Office of Homeland Security, for $45,317.76 to correct assignment of funds to Grant 081C024T, Regional Response Team and Task Force III, with $15,409.94 payable from 030-246-957 and $29,907.82 payable from 030-246-241.

RRTT III grant Attachments:

A motion was made by Supervisor Swetman III, seconded by Supervisor Savant,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0802 63 ORDER authorizing the Board President to execute the contract with Mandal's Inc. for the reroofing of the First Judicial District Courthouse, as recommended by Eley Guild Hardy Architect, and as reviewed the Board Attorney. (Bid was accepted March 8, 2010, Item # 51)

Eley Guild cover letter for Mandal's contract Mandal's Inc. contract reroofing 1st JD courthouse

Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0804 64 ORDER authorizing the Board President to execute the contract, as reviewed by the Board Attorney, with Knesal Engineering Services, Inc. for professional services to serve as Project Manager for the FEMA 361 shelters.

Holleman cover letter for Knesal Eng. contract 361 shelters Knesal Agreement - Project Manager Rev. 1

Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0790 65 RESOLUTION honoring Carole Lynn Meadows, recipient of the 2009 "Billy Creel Excellence in Tourism Award," for her many outstanding achievements, and expressing appreciation for her long service to this community and the people of Harrison County, Mississippi. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1]

Resolution honoring Carole Lynn Meadows 4.5.10.0000.pdf 2009 Billy Creel award bio

Attachments:

A motion was made by Supervisor Savant, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

Page 21 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

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

5 -

10-0823 66 RESOLUTION authorizing the County Administrator and/or the Clerk of the Board to disburse certain monies held from Ad Valorem collections on behalf of the West Harrison Water & Sewer District, and further authorizing the establishment of a fund to finance the establishment of recently formed water and sewer districts, and to finance planning and studies for new and existing water and sewer districts regarding the water and sewer infrastructure being currently installed in Harrison County, Mississippi. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1.]

West Harrison Water and Sewer Order 4.12.10.0000.pdf Exhibit A West Harrison Water & Sewer

Attachments:

A motion was made that this Order be TABLED and due back on 4/12/2010 by the

following vote:

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

5 -

10-0831 67 RESOLUTION acknowledging receipt of the petition for the creation of Tradition Public Improvement District (The "Petition"), authorizing a public hearing regarding the petition to be held pursuant to the public improvement district act, codified at sections 19-31-1, et seq., of the Mississippi Code Annotated 1972, as amended, (The "Act"), and for related purposes. [DETAILED RESOLUTION APPEARS AS ATTACHMENT 1]

Tradition Public Improvement District 4.5.10.0000.pdf Attachments:

[Supervisor Ladner inquired about method to collect the fees. Millage will be collected by the county].

A motion was made by Supervisor Swetman III, seconded by Supervisor Rockco,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0735 68 ORDER approving Modification No. 1 to the Memorandum of Agreement between the Mississippi State University and the Harrison County Board of Supervisors setting the compensation for year two, Title III projects (2010 Firewise Education Program) to $24,396.00, and authorizing the Board President to execute same.

Title III Modification #1 cover letter Title III MOU modification # 1

Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Page 22 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

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

5 -

10-0727 69 ORDER adjudicating the employment of Board Attorney Tim C. Holleman, Boyce Holleman & Associates, to represent the Board of Supervisors in litigations as listed: a) Adair Holdings, LLC v. Harrison County, et al., Cause No. C2401-10-00535(4) [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Adair Holdings LLC. 4.5.10.0000.pdf Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0723 70 ORDER approving a Memorandum of Commitment between the South Mississippi Planning and Development District Area Agency on Aging and the Board of Supervisors, advising the Area Agency on Aging of the county's commitment of $163,610.00 for FY 2010 for the purpose of accessing federal/state funds to provide services to the eligible elderly population of the county, and authorizing the Board President to execute same.

SMPDD Memorandum of Commitment Senior Resources agency cover letter

Attachments:

A motion was made by Supervisor Ladner, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0725 71 ORDER approving installation of street lights, as listed: a) 15307 Cemetery Road, District 3 b) 8284 Mystic Circle, District 3

street lights April 5 2010 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0833 72 ORDER accepting the low bid of Twin L. Construction, Inc. for the John Hill Boulevard Extension, for base bid in the amount of $1,491,706.02 , as recommended by Knesal Engineering Services, Inc., and Jimmy G. Gouras Urban Planning, after concurrence from MDA on this CDBG project. (Bids were received February 24, 2010).

Page 23 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

[DETAILED ORDER APPEARS AS ATTACHMENT 1.]

Internation Airport-John Hill Blvd. Ext Order 4.5.10.0000.pdf Knesal cover letter John Hill Blvd Proof of Publ. 4.5.10.0000.pdf 2634 John Hill Blvd Bid Tabulation Twin L Construction Gulf Equipment Corp Jay Bearden Con TCB Con Byron E Talbot JLB Levens Kappa Development CI INC John G Walton Con Holden Earth Moving

Attachments:

A motion was made by Supervisor Ladner, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0856 73 ORDER nominating Leonard Bentz, Sr. as Harrison County's private sector representative on the Southern Mississippi Planning and Development District Board of Directors effective May 5, 2010, for a two-year term ending May 5, 2012.

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0726 74 ORDER approving travel as listed: a) Phyllis Sisson, Election Commissioner, to attend the 2010 Election Commissioners final make-up training, April 22, 2010 in Jackson MS. (Estimated cost: $150.00) b) Julia Encalade, Veterans Affair Officer, to attend the County Service Officer school, May 12-14, 2010 in Grenada, MS. (Estimated cost: $320.00) c) Greg Illich, Justice Court Clerk, to attend the Mississippi Judicial College seminar for continued education requirements, May 5-7, 2010 in Tunica, MS. (Estimated cost: $260.00) d) Seniors to travel with county bus to Laurel, MS April 12, 2010 at no cost to the county. e) Seniors to travel with county bus to Foley. AL April 19, 2010 at no cost to the county f) Seniors to travel with county bus to Gulf Shores, AL April 14, 2010 at no

Page 24 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

cost to the county. g) Rupert Lacy, EMA Director, to attend FEMA's IDN national strategy and program forum, April 7-9, 2010 in Washington, D.C. at no cost to the county. (All cost to be paid by FEMA) h) Cindy Alexander and Elizabeth Casey, Youth Court to attend the CASA conference in Atlanta, GA April 16-19, 2010 at no cost to the county, and the Administrator's conference in Tunica, MS April 28-30, 2010 at not cost to the county. i) Supervisor Martin to attend the Mississippi Association of Supervisors Minority Caucus, April 12-14, 2010 in McComb, MS. (Estimated cost: $370.00) j) Supervisor Martin to attend the NOBCO 26th Annual Economic Development Conference, May 13-16, 2010 in New Orleans, LA. (Estimated cost: $950.00)

travels April 5 2010 Attachments:

A motion was made by Supervisor Ladner, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0777 75 ORDER approving advertisement of county resources as listed, payable from 002-100-522: a) $250.00 to the Long Beach Chamber of Commerce for advertising at the 11th annual Long Beach Kite fest, May 1, 2010. b) $100.00 to the Long Beach High School fast pitch softball booster club for listing in the 2010 programs c) $50.00 to the Alumni Association for full page ad in the 6th Combined School reunion souvenir book for the Biloxi Colored High School, Our mother of Sorrows High School, M.F. Nichols High School, and A.E. Perkins Elementary School, June 25-27, 2010 [DETAILED ORDER APPEARS AS ATTACHMENT 1]

ads for April 5 2010 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Page 25 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

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

5 -

10-0857 76 ORDER authorizing the cremation and/or burial of pauper Jeffrey Black, who died at Memorial Hospital, Gulfport, Mississippi, and whose body has remained unclaimed since the date of this death, which occurred on or about March 27, 2010, and for related purposes. [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Jeffrey Black - Pauper Order 3-30-10 Attachments:

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

this Order be APPROVED. The motion carried by the following vote.

Aye: Supervisor Kim Savant; Supervisor Marlin Ladner; Supervisor William Martin and Supervisor Connie Rockco

4 -

Out On Vote: Supervisor W.S. Swetman III 1 -

10-0867 77 ORDER entering into Closed Session to discuss whether or not to enter into Executive Session to discuss pending litigations, as listed: a) Mc Bay v. Harrison County, CA No. 1:07-cv-1205 b) Vanderburg v. Harrison County, CA No. 1:08-cv-90 c) Miller v. Harrison County, CA No. 1:07-cv-541 d) Hale v. Harrison County, CA No. 1:08-cv-1325 e) Al-Khidir v. Harrison County, CA 1:07-cv-1223 f) Carruba v. Harrison County, CA 1:07-cv-1238 g) Seal v. Harrison County, CA 1:08-cv-0175 h) Page v. Harrison County, CA 1:09-cv-0146

[The County Administrator inquired about status of Health Assurance contract. The Board Attorney is still reviewing said contract. Supervisor Rockco inquired whether the use of NACO drug cards by inmates would reduce the cost of drugs. The Board Attorney will look into this matter].

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0868 78 ORDER entering into Executive Session.

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

this Order be APPROVED. The motion carried by the following vote.

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

5 -

10-0869 79 ORDER reconvening from Executive Session. The Board Attorney reported that no action was taken on litigation styled McBay v. Harrison County, CA No. 1:07cv-1205.

Page 26 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

A motion was made by Supervisor Swetman III, seconded by Supervisor Martin,

that this Order be APPROVED. The motion carriedby the following vote.

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

3 -

Absent & Exc: Supervisor Kim Savant and Supervisor Marlin Ladner 2 -

10-0870 80 ORDER adjudicating the employment of Board Attorney Tim. C. Holleman, Boyce Holleman & Associates, to represent the Board of Supervisors in litigations, as listed: a) Mc Bay v. Harrison County, CA No. 1:07-cv-1205 b) Vanderburg v. Harrison County, CA No. 1:08-cv-90 c) Miller v. Harrison County, CA No. 1:07-cv-541 d) Hale v. Harrison County, CA No. 1:08-cv-1325 e) Al-Khidir v. Harrison County, CA 1:07-cv-1223 f) Carruba v. Harrison County, CA 1:07-cv-1238 g) Seal v. Harrison County, CA 1:08-cv-0175 [DETAILED ORDER APPEARS AS ATTACHMENT 1]

Order Adjudicating Employment 4-2-10 (3) Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

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

3 -

Absent & Exc: Supervisor Kim Savant and Supervisor Marlin Ladner 2 -

10-0871 81 ORDER tabling action on litigation styled Page v. Harrison County, CA No. 1:09cv-146.

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III, that this Order be TABLED and due back on 4/12/2010. The motion carried by the

following vote.

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

3 -

Absent & Exc: Supervisor Kim Savant and Supervisor Marlin Ladner 2 -

10-0872 82 ORDER adjourning the April 2010 Term in the First Judicial District until Term in Course. [SIGNATURE PAGE APPEARS AS ATTACHMENT 1.]

Signature page 4.5.10.0000.pdf Attachments:

A motion was made by Supervisor Martin, seconded by Supervisor Swetman III,

that this Order be APPROVED. The motion carried by the following vote.

Page 27 Harrison County, MS

April 5, 2010 Board of Supervisors Minutes

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

3 -

Absent & Exc: Supervisor Kim Savant and Supervisor Marlin Ladner 2 -

Page 28 Harrison County, MS