HA Harrison County Contract 2004

MINUTES
283
BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI
MARCH 2004 TERM

STATE OF MISSISSIPPI
COUNTY OF HARRISON
BE IT REMEMBERED, that a regular meeting of the Board of supervisors of Harrison

County, Mississippi was begun and held in the meeting room of the Board of Supervisors of
Harrison county, located in the second Judicial District Courthouse at Biloxi, Mississippi, on
the SECOND MONDAY OF FEBRUARY, being the 8th day of March 2004, the same being the
time fixed by law and the place fixed by the 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, Bobby Eleuterius, president of said Board,
presiding; Larry Benefield, Marlin R, Ladner, William W. Martin, and connie M. Rockco,
members of said Board of supervisors; Tal Flurry, Tax Assessor for Harrison County, Mississippi;
George H. payne, Jr., Sheriff of Harrison county, Mississippi; and JOhn MCAdams, Chancery
Clerk and EX-Officio Clerk of said Board.
WHEREUPON, after the proclamation of the Sheriff, the following proceedings were
had and done, viz:
MINUTES
284
BOARD OF SUPERVISORS, HARRISON COUNTY I MISSISSIPPI
MARCH 2004 TERM
Lolly Barnes, Historical Administrator for the city Of BiloXi, PhylHs Blackburn and Judy
Abide, members of Tuilis-Toledano Manor, appeared before the Board to request additional
funding by the county for restoration Of the Crawford House, Phase II, due to the fact that
the bids to restore the first floor were higher than expected.
After full discussion, Supervisor CONNIE M. ROCKCO moved adoption of the following:
ORDER TAKING UNDER ADVISEMENT THE REQUEST FOR FUNDING

FOR PHASE TWO OF THE CRAWFORD HOUSE RESTORATION
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, that the

Board does HEREBY TAKE UNDER ADVISEMENT the request for funding for Phase Two of the
crawford House restoration.
Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and
foregoing order, whereupon the question was put to a vote with the following results:
Supervisor BOBBY ELEUTERIUS voted
AYE
Supervisor LARRY BENEFIELD voted
AYE
supervisor MARLIN R. LADNER voted
AYE
supervisor WILLIAM W. MARTIN voted
AYE
supervisor CONNIE M. ROCKCO voted
AYE
The motion having received the affirmative vote from the majority of the
supervisors present, the president declared the motion carried and the order adopted.
THIS, the 8th day of March 2004.
MINUTES
285
MARCH 2004 TERM

The Board recognized Mr. oscar Barnes, Executive Director of the local chapter of the
American Red cross, and Mr. John McFarland and thanked them for their efforts during
emergencies.
After fUll discussion, supervisor LARRY BENEFIELD moved adoption of the following:
RESOLUTION PROCLAIMINC MARCH 2004 AS AMERICAN RED CROSS MONTH
IN HARRISON COUNTY
WHEREAS, since september 11, 2001, our Homeland security Advisory System that
monitors the risk of terrorist attacks in our nation has been raised to "high" on four separate
occasions. While we are fortunate that no terrorist acts have occurred during thOse periods, it
is critical thatall Americans and residents in Harrison County remain vigilant, prepared and ready
to deter terrorist attacks, and

WHEREAS, the Mississippi Gulf Coast Chapter of the American Red Cross has devoted itself
to that goal - educating individuals, families, schOOlS and businesses in Harrison county about
what they can dO at each threat level of the federal alert system to strengthen our community's
response in the event Of future attacks and other disasters. The Mississippi Gulf Coast Cllapter
of the American Red Cross has an unparalleled record of helping the residents of Harrison
county prevent, prepare for, and respond to life-threatening emergencies by delivering relief
services to victims of disasters that include hurricanes, floods, tornadoes, apartment and singlefamily dwelling fires; offering health and safety training such as first aid, CPR, AED (Automated
External Defibrillator), aquatic lifesavIng and baby-sitting classes to more than 7600 people last
year; providing over 600 emergency communication services to military families; participating
In International humanitarian projects that save lives; and collecting over 8000 units of blood in
2003. All blood donations are made available through volunteers Who generously give the gift
Of life to help patients in need, and
WHEREAS, in the last two years, the face Of disaster has changed dramatically. From the
2001 terrorist attacks and the elevated threat of future acts, to armed conflict in Afghanistan
and Iraq and the increasing severity of natural disasters, the Red cross understands more than
most - America, and the residents in Harrison County need to be better prepared, and
WHEREAS, being prepared ranges from knowing what to do in a natural or manmade

disaster to making sure lifesaving blOOd is available when a family member needs surgery. The
Red cross urges all Americans to take five simple emergency preparedness steps - make a plan
outlining what to do if a disaster strikes, create a disaster supply kit, have at least one member
of your household trained In first aid and CPR, volunteer to help the local community prepare
for disasters and give blOOd regUlarly to ensure a safe and adequate blood supply for the victims
MINUTES
286
MARCH 2004 TERM

WHEREAS, by joining the American Red Cross as a volunteer, course participant or
Instructor, contributor or blood donor, you can help make the Harrison county community and
our nation safer. Last year the Red Cross responded to over 70 disasters in Harrison County
from home first to Tropical Storm Bill. During Red Cross relief operations, volunteers assess
damages, drive emergency response vehicles to distribute food and other supplies, provide
shelter for families who have been evacuated from their homes and necessities to people in
need.
These invaluable services are provided free of charge, paid for my generous
contributions from the American people, and

WHEREAS, the American Red cross also serves military families by delivering emergency
messages between soldiers and their families back home. WIth U. S. troops deployed overseas
In Iraq and Kuwait defending freedom, this support has been especially important. In addition,
Red cross workers at home and overseas provide critical aid to the victims of disease, famine,
war and natural disasters. The Red cross organized an effort to vaccinate nearly 43 million
African children against the Childhood killer measles last year and continued a program to aid
families in war-torn Afghanistan with clean water, tents, school supplies and other necessities.
NOW. THEREFORE. to commemorate these valuable humanitarIan services, we, the Board
of Supervisors of Harrison county, Mississippi, by virtue of the authority vested in us, do hereby
proclaim March 2004 as American Red cross Month. we urge all residents of Harrison County to
work through the Mississippi GUlf Coast Chapter of the American Red cross to help prepare their
families and this community for emergencies. Please continue to give your time, financial
contributions and blood donations to support this worthy organization's mission to prevent
and relieve suffering and to save lives.
foregoing order. whereupon the question was put to a vote with the following results:
AYE
supervisor LARRY BENEFIELD voted
AYE
AYE
Supervisor WILLIAM W. MARTIN voted
AYE
Supervisor CONNIE M. ROCKCO voted
AYE
MINUTES
MARCH 2004 TERM

The following came before the Board with no action taken:
Mr. John Kaatz with Convention Sports & Leisure, Inc. appeared before the Board to
present the convention center site study sponsored by some casinos located In east Biloxi
and to answer questions about developing the actual site versus building a new facility in
east BiloxI. Mr. Bill Holmes, Executive Director of the MississIppi coast coliseum appeared
before the Board for presentation on the need to expand the coliseum at its present
location and provided letters of support from the Gulfport Business Club, the Mississippi Gulf
Coast Attractions Association and Gulfshores, Inc. endorsing the expansion at the present
Site and the funding mechanism with additional hotel/motel taxes. Mr. Tommy Newman
representing the Biloxi west Beach Association and Mr. Robert Barq representing the Biloxi
Business Men's Club presented a resolution in favor of the expansion and payment method
there for. Mr. steve Richer, Executive Director of the Harrison County Tourism Commission
stated that the commission has not taken a position on the issue, neither has the Gaming
AsSociation or the Restaurant Association. Mr. Bernie Burkholder with Treasure Bay also
supported the expansion at the present site. Mrs. Linda Hornsby, Executive Director of the
MiSSissippi Hotel and Lodging Association, presented a letter outlining the position of the
association that does not support a tax Increase for the expansion of the coliseum. Mr. Skip
Ledbetter, AreaVice president of the Mississippi Hotel and Lodging Association stated that
the association Is reviewing the new study and that a decision should be made at a local
level. Mr. steve Holley, Financial Consultant, reminded the Board that time was of the
essence to act on a local and private legislation in order to benefit from the low interest
rate .
MINUTE BOOK
288
MARCH 2004 TERM
The Board of Supervisors of Harrison County, Mississippi (the "Governing Body" of the
"COUllty"), took up the matter of the need Jar local and private legislation to fund the construction, repair,
equipping, remodeling, enlarging, expanding or otherwise improving the Mississippi Coast Coliseum and
Convention Center in Biloxi; and for related purposes. After full discussion of the subject, Supervisor
MARUN R. LADNER
offered and moved the adoption of the following resolution.
RESOLUTION OF THE BOARD OF SUPERV1SORS OF HARRISON COUNTY,

MISSISSIPPI REQUESTING THE LEGISLATURE OF THE STATE OF MISSISSIPPI
TO ENACT CERTAIN LOCAL AND PRIVATELEGlSLATION.
WHEREAS, the Board of Supervisors of l-IarrisonCounty, I\llississippi (the "Governing BOlly" of
the "Counly") hereby finds, determines and declares as follows:
1.
For the benefit of the people or the County, the increase of their Commerce, wei fare and prosperity;
and
11.
The Governing Body of the County requests the Legislature of the State of Mississippi 10 pass a
local and private act to fund the construction,fepair, equipping, remodeling, enlarging, expanding or
otherwise irnproving the Mississippi Coast Coliseum and Convention Center in Biloxi; and for related
purpOses.
NOW THEREFORE, BE IT RESOLVEO by the Board of Supervisors of the County that the
Legislators representing the County are hereby requested to introduce, and the Legislature of the State of
Mississippi is hereby requested to enact local and private legislation in the form and substance similar to the
bill attached hereto as Exhibit A, authorizing the County to do those things as provided therein.
Following the reading of the Joregoing resolution, Supervisor" LARRY BENEFIE~ seconded
the Illotion. After discussion, the matier was put to a roll call vote. The result was as follows:
Supervisor Bobby Eleuterius
Supervisor Larry Benefield
Supervisor Marlin Ladner
Supervisor William Martin
Supervisor Connie Rockco
Voted:
Voted:
Voted:
Voted:
Voted:
AYE
AYE
AYE
AYE
AYE
The motion having received the affirmative vote of a majority of the members present, the
President of the Governing Body declared the motion carried and the resolution adopted, on this theBthday
of March, 2004.
ATfE'J'?'
IJU )
W:;:/ki~
e (, Board of Supervisors
~(~~~
PresJdent,I3rd of Supervisors
MINUTE BOOK
289
MARCH 2004 TERM
AN ACT TO PROVIDE FOR A TAX ON GROSS SALES OF HOTELS

AND MOTELS IN HAIUUSON COUNTY, MISSISSIPPI TO BE
EXPENDED BY THE HARlUSON COUNTY BOARD
OF
SUPERVISORS TO RETIRE BONDS ISSUE BY THE BOARD OF
SUPERVISORS TO DEFRAY THE COSTS OF EXJlANDING AND
RENOVATING THE MISSISSIPPI COAST COLIS)1;UM AND
CONVENTION CENTER; TO PROVIDE THAT SUCH TAX BE
COLLECTED BY THE STATE TAX COMMISSION AND PAID TO
HARRISON COUNTY; TO AUTHORIZE THE HARRISON COUNTY
BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION
BONDS FOR THE PURPOSE OF EXPANDING AND RENOVATING
THE MISSISSIPPI COAST COLISEUM AND CONVENTION
CENTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF TI-!E STATE OF MISSISSIPPI:
SECTION 1. In the manner provided by this act and only upon the issuance of bonds
provided for in Section 5 of this act, there shall be levied, assessed and collecled hom every
person, finn, corporation or other entity operating hotels or motels in Harrison County,
Mississippi, a tax in addition to all other taxes or assessments now imposed, which shall be equal
to three percent (3.00%) of the gross proceeds from room rental of all such hotels or motels in
Harrison County, Mississippi. Persons, firms, corporation or other entities liable for the tax
imposed herein shall add the amount of such tax to the room rental and in addition thereto shall
collect, insofar as practicable, the amount of the tax due from the person receiving the services or
goods at the time of payment therefor.
SECTION 2. For the purposes of this act. the words "hotel" and "motel" shall mean a
place of lodging that at anyone (1) time will accommodate transient guests on a daily or weekly
basis and that are known to the trade as such. Hotels and motels with ten (10) or less rental units
are exempt.
SECTION 3, (n) The tax authorized by tbis act shalJ be paid to the State Tax
COlTlmission, or its Sllccessor, on a form to be prescribed by the State Tax Commission, in the
sallle manner that state sales taxes are computed, collected and paid; and the/illl enlarcement
provisions and all other provisions of tbe Mississippi Sales Tax Law shall apply as necessary to
the implementation and administration of this act.
(b)
The Slate Treasurer is authorized to pay all of such funds to the Harrison County
Board of Supervisors, and such funds may be used fot the purposes authorized by this act.
(c)
On or before the fIfteenth day of the month following the month in which
collected, the proceeds of such tax, less
percent L%) to be retained by the Stale
Tax Commission to defray the costs of collection, shall be paid by the commission to the
Harrison County Board of Supervisors for expenditure as authorized in this act.
Exhibit "A"
290
MINUTE BOOK
MARCH 2004 TERM
(d)
Such tax shall be levied, assessed. and coHeeted until any and all bonds issued
pursuant to this act shall have been paid in fuH and upon Occurrence of the same, such tax shall
be discontinued.
SECTION 4. The Board of Supervisors of Hanison County shaH deposit the funds paid
to il as authorized by Section 3(b) of this act into a Special Fund in the County treasury. I'vfonies
in the Special Fund shall be expended by the Board of Supervisors to pay the principal of and
interest on up to seventy-two million ($72,000,000) of generation obligation bonds issued by the
County for the purpose of defraying the cost of conslructing, repairing, equipping, remodeling,
enlarging, expanding or improving the Mississippi Coast Coliseum and Convention Center, as
authorized by this acL
SECTION 5. Tile Board of Supervisors of Harrison County is hereby authorized to issue
li'om time to time general obligation bonds of the County in the aggregate principal amount not
to exceed seventy two million ($72,000,000) for the purpose of constructing, repairing,
equipping, remodeling, enlarging, expanding or improving the Mississippi Coast Coliseum and
Convention Center, payment of interest all the bonds, establishment of reserves to secure such
bonds and payment of expenses incident to the issuance of such bonds and to the implementation
of the project. Bonds. as used in this act shall be deemed to mean and include bonds, refunding
bonds, notes or certitlcates or participation. The full faith and credit of the County shall be
irrevocably pledged for the payment of the principal of and interest on the bonds.
SECTION 6. Bonds authorized by this act, other than refimcling bonds, shall be issued
pursuant to Section 19-9-1 thwugh 19-9-31 or as may be otherwise provided by law.
SECTION 7. Bonds issued pursuant to this act shall not be deemed indebtedness within
the meaning specified in Section 19-9-5.
SECTION 8. Bonds issued pursuant to this act shall be submitted by validation under
31- 13 -I through 31-13 - 11.
SECTION 9. Bonds issued under this act may be refunded at any time and hom time to
time by the County pursuant to an authorizing resolution of the governing body, directing
issuance of refunding bonds in accordance with the "Mississippi Bonel Refinancing Act,"
Sections 31-27-1 et seq., Mississippi Code of] 972.
SECTION 10.
The avails of the tax provided for in this act shall be used solely for
the payment of the principal of, redemption premium, if any, and interest on the bonds, and for
the payment of expenses of issuance thereof or reserve funds therefor. To the extent the
proceeds of the special sales tax and any other amounts which may from time to time be
available for the payment of the principal of, redemption premium, if any, and interest on the
bonds, including any available revenues of the project, are not sufficient for such purpose, the
Board of Supervisors shall levy a special ad valorem tax upon all of the taxable property within
the County which shall be sufficient, together with other moneys available for such purpose, to
provide for the payment of the principal of, redemption premium, if any, and interest on such
bonds according to the terms thereof
MINUTE BOOK
f)9 1
,~
MARCH 2004 TERM
SECTION 11.
This act shall be liberally construed for the purposes herein set out,
the power hereby granted shall be deemed to be full and complete authority for the issuance of
bonds under this act and shall be construed as additional, cumulative and supplemental to any
power granted to Harrison County by any general or local and private act of the legislature.
SECTION 12.
JIICKSON 861 H20v3
This act shall take effect and be in force from and after its passage.
')9')
...
~
MIN UTE 5
MARCH 2004 TERM
(SUPERVISOR WILLIAM MARTIN OUT ON VOTE)

Supervisor LARRY BENEFIELD moved adoption of the following:
ORDER REJECTINCi THE ONLY BID RECEIVED FROM J. O. COLLINS
MARCH 3, 2004 FOR THE BILOXI COURTHOUSE RENOVATION, AND
AUTHORIZING THE CLERK OF THE BOARD TO RETURN SAME
UNOPENED, AS RECOMMENDED BY THE PROJECT ARCHITECT,
KELEAL HASSIN, JR.
WHEREAS, the Board of Supervisors, at a meeting heretofore held on February 2, 2004,

adopted an Order authorizing and directing the Clerk of the Board to cause publication to be
made of Notice of Invitation for Sealed Bids for Building Renovations of the Second Judicial
District Courthouse located at 730 Dr. Martin Luther King, Jr. Boulevard In BiloXi, Mississippi.
2. That as directed in the aforesaid order, said Notice of Invitation for Sealed Bids
was published in The Sun Herald newspaper, a newspaper published and having a general
circulation in Harrison county, Mississippi for more than one year next Immediately
preceding the date Of said Order directing publication of said Notice, and that the Publisher'S
Affidavit of proof of publication has been filed with the Clerk of this Board by said Clerk
eXhibited to the Board, and shows that said Notice was published on February Sand 12, 2004.
3. That publication of said notice has been made once each week for two
consecutive weeks, the last Of which was at least seven working days prior to March 3, 2004,
the day fixed for receiving said bids in the Order identified in paragraph one thereof, said
proof of PUblication being In the following form, words and figures, to-wit:
293
MINUTES
MARCH 2004 TERM
I
COUNTY OF HARRISON
Before me, the undersign

Mississippi, personally
appearElQ44J."*fu~::::...!.'-I---I--....LJ.--I-:..a.~::f,,~
who, being by me first duly sworn,

clerk of
Gulfport
id depose and say that she is a
, a newspaper published in the city
,in Harrison County, Mississippi, and that publication of the
notice, a copy of which is hereto attached, has been made in said

paper.a::: times in the following numbers and on the following dates
of such paper, viz:
Vol.
Vol
Vol.
The Sun Herald
)d<D
No., /
JdQ
;;).5
5.!f:: day of ~20 J:tj

~day Of~!J l!-
dated
NO.,.f.3:l-.. dated
No., .
dated ._ _~ day of
,20 _ _
Vol.
No.,
, 20
Vol.
No.,
dated
Vol.
No,
dated
. day of
Vol._~__
No, .
dated
day of
dated
day of
_~
day of _ _~ __ , 20 _ _
,20-,20
_~
Affiant further states on oath that said newspaper has been

esta blished and published continuously in said county for a period of
more than twelve months ne
prior to the first publication of said
notice.
1lJ< !l)(J{Jd
Cle
kJ
I (0 ~ __
~I20~'
(vL-:. ~&-rJ'~ ~
l:orn to and subscribed before;;;8 IhlS
hl~
JA ' )day of
Notary Public
Printer's Fee.........
Furnishing proof of publication
TOTAL.
$-----~
.... $
.. .... $ ----------~
My Commission Expires April 30, 2005
4. That on March 1, 2004 an order was entered designating the purchase Clerk, the
Chancery Clerk and any department head to receive bids on March 3, 2004.
5. Ttlat only one bid was received at the time and place and in the manner provided
in said Notice of Invitation for Sealed Bids, which was from J. O. Collins Contractor, Inc.
MIN UTE S
294
BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI
MARCH 2004 TERM

6. The Board does HEREBY FIND that the single bid received should be rejected and
that the Clerk of the Board shall return same unopened, as recommended by project
Architect, Keleal Hassin, Jr. It Is therefore,
single bid of J. O. Collins contractor, Inc. for building renovations of the Second Judicial
Dlstrict courthouse located at 730 Dr. Martin Luther King Jr. Boulevard, Biloxi, Mississippi be,
and the same is HEREBY REJECTED.
IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE the Clerk of the Board
to return said bid unopened, as recommended by project Architect, Keleal Hassin, Jr.
supervisor MARLIN R. LADNER seconded the motion to adopt the above and
foregoing order, whereupon the question was put to a vote with the following reSUlts:
AYE
AYE
AYE
(OUT ON VOTE)
AYE
The motion having received the affirmative vote from the majority Of the
29J
MINUTES
MARCH 2004 TERM

(SUPERVISOR WILLIAM MARTIN OUT ON VOTE)
ORDER AUTHORIZINC READVERTISEMENT FOR BIDS FOR

RENOVATIONS TO THE BILOXI COURTHOUSE THE FIRST WEEK OF
JULY 2004 IN ORDER TO RECEIVE AND AWARD BIDS THE FIRST
WEEK OF SEPTEMBER AND BECIN THE CONSTRUCTION IN
OCTOBER OR NOVEMBER 2004

Board does HEREBY AUTHORIZE readvertisement for bids for renovations to the Biloxi
courthouse the first week of JUly 2004 in order to receive and award bids the first week of
september and begin the construction in October or November 2004.
supervisor MARLINR. LADNER seconded the motion to adopt the above and
foregoing order, Whereupon the questIon was put to a vote With the following reSUlts:
supervisor BOBBY ELEUTERIUS voted
AYE
AYE
Supervisor MARLIN R. LADNER voted
AYE

The motion havIng received the affirmative
AYE
vote from the majority of the
(OUT ON VOTE)
296
MINu-rE BOOK
BOARD OF SUPERVISORS, HARRISON COUNTY. MISSISSIPPI
MARCH 2004 -rERM
Supervisor Connie Rockco nloved, and Supervisor Larry Benefield

seconded, adoption of the following:
ORDER OF BOARD OF SUPERVISORS

Harrison
COUNTY.
SETTING FORTH PROPOSED STATE AID PROJECTS FOR
PERIOD
January I
2004 THROUGH
December 31
2007
Pursuant to the provisions of Senate Bill No. 101' the Extraordinary Session of 1949 and as subsequently
amended, We, the undersigned members of the Board of Supervisors of
Harrison, County,
hereby order that the proposed project(s) listed herein constitute the State Aid Program for I1arrlson
County for the period
January I
2004 through
December 31
2007
In support of this order, the Board certifies and agrees that:
t.
The State Aid System in said County has been designated by the Board and
approved by the State Aid Engineer, as required by said Act.
2.
Tbe Board has employed a Registered Professional Engineer as County Engineer,

who will employ such other competent technical assistant(s), as required, to properly
supervise and inspect the work in compliance with the Rules and Regulations ol'the
State Aid Engineer, all as required in said Act
3.
This program, which has been prepared by the County Engineer and approved by
this Board, is herewith submitted to the State Aid Engineer for approval.
4.
The Board will comply with all applicable Laws, Rules and Regulations in the acquisition of
rights-of-way and will maintain the acquired rights-of-way for said project(s) to keep the
same free of encroachments such as buildings, fences or any other obstructions. The Board
designates
as its right-of-way acquisition agent for the
project(s) herein. The agent's address and phone number is
5.
The Board herein affirms its acceptance of the Office of State Aid Road Construction's
policy for the accommodation of utilities as stated in S.O.P. No. SA 11-2-8 and agrees to
coordinate utility facility installation and/or adjustment in a timely manner so as not to
impede project development.
6.
The Board will maintain the project(s), after completion, in a regular and
satisfactory manner subject to the approval of the State Aid Engineer, all as required
in said Act,
7.
The Scate A id Engineer is authorized to effect such transfer of funds as are

necessary to pay engineering costs on the project(s), as authorized by House Bill No.
328, Laws of 1970, and in accordance with the Rules and Regulations promulgated
by the State Aid Engineer, dated April 13, 1998.
8.
The State Aid Engineer is authorized to effect such transfer offunds as are
necessary to pay testing expenses incurred PRIOR to the award of Contract on any
project(s) included in this program.
9.
In the event the Board cancels or withdraws any project(s) included m this program,
the Board hereby agrees to reimburse its State Aid Fund for testing charges
incUiTed.
c:\doc\proposal.sap.2003rO 102 wpd
ReVised January 2, 2003
297
MINUTE BOOK
MARCH 2004 TERM
.::S::ta:::te~Ac::i(::..I
Progralll for-.:H.::a",r",ri",so.::,.::,~_~~_~
County
PROJECT PRIORITY NO. I

I.
2.
J.
(cheCk one) Collector _ _

.
Local_~
5,
Lcnglh of Project:
6.
Character of Work (Show Allernliles it' Applicilhle'")'--
7,
Design Datil:
a,
Traffic Counl How Determined
Current ADT
vpo;";O"'"e-s"'"ig-,-,"'Y-ea-,-'A=O"T;-_-_-_-_-_-_-_-,V,-,-"pcrD':"O;,"""'T-ru-c:Okc:,s-------~Traffic Count Required: Ves
No X
(Attach Supplemental Sheet)
Terrain Level
Rolling
Design Speed
MpH
b,
ROW: Existing
Fe
Proposed
FI
c,
Proposed Roadway Crown WiJlh
Ft,
J.
_ _FI.
Surface Type & Widlh:
Exisling
e,
Proposed
~~ _ _
_ _FI.
Bridgcs:
a,
SIr. No.
Suff. Rig.
Capacity
Existing/Proposed Width
FI.
-----~.
Remain io Place: Yes ~~ No
Str. No,
------Sulf. Rig.
---Capacity
b,
Remain in Place: Yes _ _ No
Fe
-------Str. No,
SuiT Rig.
----Capacity
_
c.
Remain in Place' Yes ~~ No
ExistingJProposed Widlh
FI.
d,
SIr. No,
Suff Rig
Capllcily_~~
_
Remain in Place: Ycs _ _ No _ _ ExistinglProposed Width
Ft.
Sir, No.
SufI. Rig,
Capncity
_
e.
Remam io Place: Yes _ _ Nu _ _ ExistinglProposed Widlh
FI.
Esllm.led Construction Coslnf Plo.!ect (Including Conlingencies! $
~_-'2"','C85::.4'-',.:.42:c5::...::.or::.J
STp Funds Requested

(
%)
$
~~
_
b,
BR Funds Requested
(
'Yo)
$
4'-,4:.:2,,5.:.:.0:..:::.0
c,
SA Funds Requested
(100 %1
S
.::2"',R,,5..:
d,
LSBP Funds
(%)
$
_
e,
Funds
S
~__
8,
Project No. SAP-24(4)M

Name of Road: Mamleoaoce Overlay (see attached sheel)
Design Classificatioo: (check one) Rural __ Urban __
Federal Roule Number
Termir1iofPruject:
~
~
49,745
Miles
~
Engineering Cosl ( 12 %) (Conslr. Cosll.ess Conlingencies) $

--.,~=""."--_------.::3.:.26:o,,.,2.:.20'C."'O".O
State Aid Funds Requested
$
326,220.00
Counly Funds Contribuled
$
e,
LSIJp Funds Conlribuled
$
_
_ _ _.,,- Funds Contrihuted
I __---,
~_
J,
Total Estimated Cost of Project
$ .~_-----_~--_~3"'-,':.,:8:.,:O.::,6::..4:,::5,::.0:c".0
Conslruction will be by: Contract -.:X.:~_~
County Forces
_
h
Usc Supplemental Sheet andlor m.ps if needed to provide complete d.la,

FOR STATE AID USE ONLY:
Preliminarv Review ~
Recolllmen"d Arprov~1
Approved
I.etter To Bd
founds Record
Programmed
c:\doc\proposaLsap.200)-O 1-02 wp<l
Revi.:'ied JilI1l1ary 2~ 2003
_
D.te
_ _ _ _ _ _ _D.le
State Aid Engr. _ _ _ _ _ _ _D.le
Dist Engr. _ _~
Dal'
Auditor _ _ _ _~_ _ D.le
_
_______ 001<
~~_
Dist. Engr.
298
MINUTE BOOK
MARCH 2004 TERM
Maintenance Overlay - 8AP-24(4)M

Harrison County Board of Supervisors - 2004 to 2007 Program
Length of Proje(
East Wortham Road - Old Project No. SAP-24(7)
BOP:
EOP:
Lorraine Road - Old Project No. 8-0139 (1)B

Station 0+20 to Station 170+00
BOP:
EOP:
3.8 Miles
SW 1/4, Sec. 33, T6S, R10W, with Intersection with Woolmarket Road
SW 1/4, Sec. 5, T6S, R10W, with Intersection with Highway 67
Woolmarket Road - Old Project No. SAP-24(15)

BOP:
EOP:
5.1 Miles
SE 1/4, Sec. 31, T5S, R11W, with Intersection with Highway 49

NW 1/4, Sec. 25, T58, R11W, with Intersection with Highway 67
3.0 Miles
SE 1/4, Sec. 33, T6S, R10W, with Intersection with Lorraine Road
SW 1/4, Sec. 36, T6S, R10W, with Intersection with Highway 67
Lamey Bridge Road - Old Project NO. RS-0139(3)B

BOP:
SE 1/4, Sec. 3, T7S, R10W, with Intersection with 1-10
EOP:
NE 1/4, Sec. 24, T6S, R10W, with Intersection with Big John Road
5.9 Miles
North Street . Old Project No. S-0134(1)B

BOP:
NW 1/4, Sec. 26, T8S, R13W
EOP:
NW 1/4, Sec. 20, T8S, R12W, with Intersection with Menge Avenue
4.0 Miles
Firetower Road - Old Project No. SAP-24(28)

BOP:
NE 1/4, Sec. 6, T8S,R12W
EOP:
SW 1/4, Sec. 10, T7S, R13W, Intersection with Vidalia Road
6.46B Miles
Wolf River Road - Old Project No. RS-0109(3)B

BOP:
NE 1/4, Sec. 16, T78, R12W, with Intersection with Landon Road
EOP:
NW 1/4, Sec. 35, T6S, R13W, with Intersection with Cable Bridge Road
5.023 Miles
Landon Road - Old Project No. 8-0109(1)B

BOP:
NW 1/4, Sec. 16, T7S, R12W, with Intersection with Wolf River Road
EOP:
NW 1/4, Sec. 13, T7S, R12W
2.972 Miles
County Farm Road - Old Project No. SAP-24(22)

BOP:
NE 1/4, Sec. 2, T78, R12W, with Intersection with I -10
EOP:
NE 1/4, Sec. 22, T6S, R12W, with Intersection witt) Highway 53
7.082 Miles
Old Highway 49
BOP:
EOP:
4.7 Miles
SW 1/4, Sec. 31, T58, R11W, with Intersection with Wortham Road
NW 1/4, Sec. 19, T5S, R11W, with Intersection with Highway 49
Biloxi Cut-Off Road Old Project No. SAP-24(1)

BOP:
NW 1/4, Sec. 6, T5S, R11W, with Intersection with Highway 49
EOP:
SW 1/4, Sec. 5, T5S, R11W. with Intersection with Highway 67
TOTAL MILEAGE.
1.7 Miles
49.745 Miles
MINUTE BOOK
MARCH 2004 TERM
-"S",la;;.:t.:.e.:.A::.id.:.-
I'rogram for .:.H"a.:.I"I_i",,_'".:.-
County
PROJECT PRIORITY NO.2
I.
2.
3.
5.
6.
7.
(check one) Collector _ _ Local
Length ofl'roject: \4.108

Miles
Character of Work (Show Alternates if Applicable'-ll
~~~~~~
__
Design Data;
Traffic Count: How Determined
VPD;"'D,-e-s7'ig-n-,Y;-;-ea-r-A:-D=T,-_-_-_-_-_-_-_-,v"""p rD";"o/<"'o1'i'-7'ru'-ecrkC::s-~~~------Current ADT
Trame Count Required: Yes
No _X
(Allach Supplementat Sheet)
Terrain Level
Rolling
Design Specd
MPH
b.
ROW: Existing _ _Ft
Proposed
Ft
c.
Proposed Roadway Crown Width
Ft
d.
Surface Type & Width:
Existing
FI.
e.
Proposed
FI.
tJridges:
Str. No.
Sutf Rig.
Capacity
_
a.
Remain in Place: Ycs _ _ No_~_ Existing/Proposed Widlh
FI.
b.
Str. No.
Sul'f. Rig.
Capacity
Remain in Plnce: Yes _ _ No
FI.
-------Str. No.
SufI'. Rig.
Capacity
_
c.
Renlllin in Place: Yes _ _ No
1'1.
Str No.
Sull Rig.
Capacity
_
d.
Remain in Plnee: Yes _ _ No
FI.
Str. No.
Surf. RIg.
Capacily
_
e.
Remain in Place: Yes __._ No
Exisling/I'roposed Width
FI.
Eslimated Conslruction Cost of Project (Including Contingencies) $._ _~~~_ _~~~~_ _~_..:5..:1..:8.:;:.2..:2..:0..:.0;.:..0
a.
STp Funds Rcquesled
(
%)
S ~~~
_
b.
OR Funds Requested
(
%)
S
c.
SA Funds Requested
(100 %)
$ ----~5;-;18'.2'i'2"0".OMO
LSBP Funds
(%)
S
_
_ _ _ _ _ _ _ _ Funds
S
_
c.
a.
I
9.
Projeci No. SAP-24( 13 )S

Name of Road: Reseal (see allaehed sheet)
Design Classification: (check one) RLlfal_~ Urban _ _
Federa/ Roule Number
Termini ofProject:~_~
~
Engiueering Cost ( 12 %) (Constr. Cost Less Conlingencies) $_~

a.
Stale Aid Funds Requested
S
-------.w:rSO.OO
b.
County Funds Coutributed
S
_
LStJp Funds Conlributed
S
_
_ _ _--:=:_ Funds Cnnlributed
S__---,
_
Total ESlimaled CosioI' Ptoject
$-,,
Construction will he by: Conltact .:.X'---~_~~ Counly Forccs
59,280.00
~_.:.5_'_7.:.7..:5.:.0.:.0..:0_0
Use Supplemental Sheet and/nr maps if needed to provide complete dOla.

FOR STATE AID USE QNLY:
e: \doc\proposal.sap.2003-0 1-02. wpd
PrelIminary Review - - ; - - - - - - - - - - - - - - ; o c - - - ; ; - - _ _ _ _ _ _ _Dale

_ _ _ _ _ _ _Date
ReCOmmend Approval
~~Disl. Engr.
~Dilte
Approved
State Aid Engr. ~_~
Leller To Bd.
Disl. Engr _ _ _ _ _ _ _Date
Funds Record
Audilor _ _ _ _ _ _ _ Date
Progtalllmed,
_
_ _ _ _ _ _~D"te
Rcviscd January 2. 1003
3(10
MINUTE BOOK
MARCH 2004 TERM
Reseal Project
Harrison County Board of Supervisors - 2004 to 2007 Program
Length of Project
Edwin Ladner Road &
North End Vidalia Road - Old Project No. 5-0104(1)8
BOP:
SW 1/4, Sec 19, T7S, R13W, intersection w/Kiln-Delisle Road
EOP;
NW 114, Sec 30, T6S, R13W
Bell Creek Road - Old Project No. SAP-24(41)
BOP:
NIW corner of Sec. 19, T6S, R15W,
approx. 112 mile east of intersection w IStandard-Dededaux Road
EOP:
SW corner, Sec. 30, T5S, R15 W,
approx. 112 mile east of intersection wN-Bar Road.
LoBouy Road - Old Project No. SAP-24(36)
BOP
SW 1/4, Sec. 39, T7S, R13W
EOP:
SW 114, Sec. 23, ns, R13W, at the intersection w/Flretower Road.
TOTAL MILEAGE .....
6.61 Miles
4.968 Miles
2.53 Miles
14108 Miles
3u]
MINUTE BOOK
MARCH 2004 TERM
Program for ~H.::~c.:r.::"::.:s(:::)n~
cS-"t_at"e-'-A.:.:i"d
County
PROJECT PRIORITY NO.3

I.
1.
J.
4.
l.
6.
Project Nn. SAP-24(56)

Naine of Road: Old Highway 49
De,ign Classilkation: (check one) Rur.1 ~ U,ban
(check one) Colleclor __ local ~
Federal Route Number
Termini of Projecl: Stallon 103+00 10 108+00 os per St.tion, on Project No. SAP-24(3)M plans.
Length of Project: 0.25
Miles
Char.cter of Work (Show Allernates if Applic.ble! Bridge replacement o[Structure #SA2400000000056 crossing
Little Biloxi River. Latest Inventory Rating Sheet attached.
7.
Design Dilla:
a
Traffic Count: How Determined Counly Traffic Mnps - MDOT
Currenl ADT ~ VPD; Design Year ::'A:::'D';'T:;;:J::;'j,";o;;o:;;O:":::'V:"P"'D""";"'X"'oT"r-l-,c.,.k-s----r15,.,,"~0------Traflic COllnl Required: Yes __
X_ No
(Allach Supplemental Shcet)
Terrain Level
Rolling
X
Design Speed __4_1_1_MPH
ROW: Existing ~Ft.
Proposed~FI.
Proposed Roadway Crown Wid,h __4_0_ _FI.
_ _FI.
Surface Type & Width:
Exisling "'A"'s"'p::.ha::I"'t
_
e.
8.
Bridges:
Proposed ~
I
9.
SIr. No.
Suff. RIg.
a.
Remain in Place; Yes _ _ No
Existing/Proposed
SIr. No.
SuiT. lUg.
b.
Remain in Place: Yes _ _ No _ _~ Existing/Pruposed
Str. No.
SuiT. Rtg.
c.
Remain in Place: Yes _ _ No
EXisting/Proposed
SIr. No.
SuIT. RIg.
d.
Remain in Place: Yes~_ No
Existingll'roposed
Str. Nn.
Suff. Rtg
e.
Remain In Place' Yes _ _ No
Existing/Proposed
Estim.ted Construction Cost of Project (Includillg COlltingellcies) $,
a.
STP PUllds Requested
(
%)
$~
b.
BR FUllds Requested
(
%)
$
e.
SA PUllds Requested
(100 %)
$
d.
LSBP FUllds
I
%)
$
e.
FUllds
$
__JI.
Width
Capacity
FI.
C.pacity
Width
ft.
CRpacily
Ft.
C.p.city
Pt.
Capacity
Width
Widlh
Width
_
_
_
_
_
~Ft.
-='4~4.::0~,0:."0.::0:o.0~0
_
~~~~=
4::4~0e::,0~0::0:::.0~0
~_~
~~
Ellgilleerillg Cosl ( 12 %) (COllstr. Cllsi Less Contil1gencres) $.

~~~~- _ _--------'5:.::0c.:.0::.c0,,0':'.0-:"-0
a.
St.te Aid Funds Requested
50,000.00
b.
County FUllds COlltributed
c
LSBP Funds Contributed
_ _ _-;;:_ Fuods Conlrihuled
$ -,,-=-49:.::0"-',0:::::00:::,.0;::::.0
Total Estim.ted Cost of Projcci
County Forces,
~~~
Construelion will be by: COlltract "X-'~_~~
Use Supplement.1 Sheet and/or maps if needed to provide complete data.
FOR STATE AID USE ONLY:
c;ldoclpropoSBI.,ap.200J-0 1-02. wpd
Preliminary Review -,Recommend Approval

Al'l'l'Oved
Letter To Bd.
Funds Record
Programlncd,
Revised January 2. 200)
_
Dist. Engr.
Slate Aid Engr.
Dist. Engr.
Auditor
_
_ _ _ _ _ _~Date
~__Date
~_~~~~~D.le
_ _ _ _ _ _~Date
_ _ _ _ _ _ _ Date
_
D.te
3CJ2
MINUTE BOOK
MARCH 2004 TERM
HARRISON COUNTY BRIDGE INVENTORY DATA

COUNTY : HARRISON
1. STATE CODE
2. MSHD DISTRICT
4. PLACE CODE
6. FEATURES INTERSECTED
7. FACILITY CARRIED
9. LOCATION
10.
12.
16.
19.
21.
26.
2B.
30.
32.
34.
36.
3B.
40.
42.
44.
46.
48.
50.
52.
54.
56.
59.
61.
63.
65.
67.
69.
71.
75.
90.
MIN. INV. RT. VERT. CL.

BASE HIGHWAY NETWORK
LATITUDE
DETOUR
MAINT. RESP.
FUNCT. CLASS.
LANES ON/UNDER
YEAR OF A.D.T.
APP. RDWY. WIDTH
SKEW (ANGLE)
TRAFFIC SFTY. FEAT.
NAVIGATION CONTROL
NAV. HORIZ. CLEAR.
TYPE OF SERVICE
STR. TYPE, APP.
NO. OF APP. SPANS
LEN. MAX. SPAN
CURB/SDWK WIDTHS
DECK WIDTH, 0-0
MIN. VERT. UNDCL.
MIN. LAT. UNDCL., L.
SUPERSTRUCTURE
CHAN. & CHAN. PROT.
METHOD TO DET. 164
METHOD TO DET. 166
8TRU. EVALUATION
UNDCL. VERT.& HORIZ.
WATERWAY ADEQUACY
TYPE OF WORK
INSPECTION DATE
92. CRIT. FEATURES INSP.

93. CRIT. FEAT. INSP. DATE
PAGE 1
PROJECT NO. :
284
06
92430
8. STRUCTURE NUMBER
3. FED. COUNTY CODE
5. INVENTORY ROUTE
LITTLE BILOXI RIVER

FAS 1143
SEC 17 T 68 R11W
9999
11.
13.
3031390017.
006
20.
02
22.
07
27.
0200
29.
2003
31.
0091
33.
00
35.
1000
37.
o
39.
00000
41.
15
43.
122
45.
0007
47.
00247
49.
000000 51.
0066
53.
NOOOO
55.
000
58.
5
60.
6
62.
2
64.
2
66.
2
68.
N
70.
9
72.
311
76.
1203
91.
: Y12N
: 1203
SA2400000000056
047
141011430
KILOMETER POINT
LPS INV. RTE., SUER. NO.
LONGITUDE
TOLL
OWNER
YEAR BUILT
A.D.T.
DESIGN LOAD
BRIDGE MEDIAN
STRUCTURE FLARED
HISTORICAL SIGNIFICANCE
NAV. VERT. CLEAR.
OPEN/POSTED/CLOSED
STR. TYPE, MAIN
NO. OF MAIN SPANS
INV. RT. TOT. HORIZ. CL.
STRUCTURE LENGTH
BR. RWY. WIDTH, C-C
MIN. VERT. CLR., BR.
MIN. LAT. UNDCL., R.
DECK
SUBSTRUCTURE
CULVERTS
OPERATING RATING
INVENTORY RATING
DECK GEOMETRY
BRIDGE POSTING
APP. ROADWAY ALIGNMENT
LEN. OF STR. IMPROV.
DESIG. INSP. FREQ.
14.3
0021887
089070700
3
02
1938
001200
2
5
0000
P
309
001
054
000652
0055
9999
NOOO
5
4
N
11.7
117
2
o
5
000686
24
Y12
1203
000500 95. RDWY. IMPROVEMENT COST

94. BR. IMPROVEMENT COST
000600 97. YR. OF COST !MPV. EST.
96. TOTAL PROJECT COST
99. BORDER BRIDGE STRU. NO.
9B. BORDER BRIDGE
o
101. PARALLEL BR. STRU. NO.
100. DEFENSE HWY. DESIG.
2
103. TEMP. STRU. DESIG.
102. DIR. OF TRAFFIC
o
105. FEDERAL LANDS HIGHWAYS
104. HWY. SYS. INV. RT.
0000
107. DECK STRUCTURE TYPE
106. YEAR RECONSTRUCTED
600
109. A. D. TRK. TRAFFIC
lOB. WEARING SURF. PROT.
o
111. PIER/ABUT. PROTECTION
110. DESIG. NAT. NETWORK
113. SCOUR CRIT. BRIDGE
112. N.B.I.S. BRIDGE LENGTH: Y
001BOO 115. YR. OF FUTURE A.D.T.
114. FUTURE A.D.T.
116. MIN. VERT. CLR. VERT LIFT BR. : 0000
SUFFICIENCY RATING
ELIGIBLE FOR LSBP FUNDING
000100
2003
N
o
1
08
U
2023
NO
303
MINUTE BOOK
MARCH 2004 TERM
HARRISON COUNTY BRIDGE INV. DATA FOR STRUCTURE SA2400000000056

INSPECTED BY
CODED BY
SIGNS IN PLACE
REC. POSTING
BR. FOUNDATIONS
KEVIN ROMERO
ROBERT WEAVER
R~2-4
~3~5~5
PAGE 2
DATE : 12/10/2003
DATE : 12/22/2003
R~2-4
~31515
R12-4 131515
UNKNOWN
------------ COMMENTS, MAINTENANCE, CRITICAL FEATURES and CORRECTIONS ---------
*** COMMENTS ***

LONGITUDINAL AND TRANSVERSE CRACKS ARE NOTED THROUGHOUT THE DECK.
SPALLS ARE EVIDENT UNDER THE DECK WITH SOME EXPOSED REBAR. DIRT HAS
ACCUMULATED ON THE TRUSS BEARING PAD AREA. TRUSS IS RUSTED THROUGHOUT
BUT NO SIGNIFICANT SECTION LOSS OF STEEL FOUND. SEVERAL PILING ARE IN
NEED OF ENCASEMENTS TO STABILIZE THEIR CONDITION. RECOMMEND THAT
EFFORTS BE IMPLEMENTED TO REPLACE THIS STRUCUTRE.
*** MAINTENANCE ***
**CRITICAL**
SEVERAL TIMBER PILING ARE IN NEED OF ENCASEMENT AND CLEAN THE
BEARINGPAD AREA OF THE PONY TRUSS.
*** FRACTURE CRITICAL ***
THE STEEL PONY TRUSS HAS SURFACE RUST THROUGHOUT. REPAIRED AREA IS IN
GOOD CONDITION.
*** UNDERWATER INSPECTION ***
STRUCTURE DOES NOT REQUIRE UNDERWATER INSPECTION
*** OTHER CRITICAL FEATURES ***
PILE ENCASEMENTS ARE IN GOOD CONDITION.
*** CORRECTIONS ***

DELETE THE 2003 PROFILE DATA THAT IS MARKED IN RED AND PURPLE. DATA
WAS ENTERED WITH THE LAST DISTANCE AT 0.00 INSTEAD OF 65.2. THE YELLOW
VERSION IS CORRECT.
MINUTE BOOK
MARCH 2004 TERM
Program for "'"'H=a'"'-rr=iso=n'--
.=S=ta::::tec.:.A.:.:i=-d
County
BOARD OF SUPERVISORS
County
----l'""""-'-:~'9(----l.""""=">C"'''''"'''''----=----_
-49ml--,~"""'-J!.~,!=!:L-_---
-I-~4;t..!b.~/!~..:.~~=:;:=:::;,aC-
, Supervisor, District I
, Supervisor, District II
, Supervisor, District 1II

, Supervisor, District IV
----l-4~~:!d:~""'---J.).I.&.;~~:::s;L----
Prepared by: ~'--<~~=-~=="--I-"""'==-----=---_~---===--'
' Supervisor, District V
County Engineer
The question of approval of the foregoing order was put to a vote,

with the following results:
(ABSENT & EXCUSED)
Supervisor
AYE
~iARLIN
LADNER voted
AYE
Supervisor CONNIE ROCKeO voted
AYE
Supervisor WILLIAM MRTIN voted
AYE
The majority of the memberss present having voted in the affirmative,

the motion was declared carried and the order adopted on this, the 3rd
day of May 2004.
c:\doc\proposal.sap.]003-0 102. wpd
Revised january 2, 2003
'1':
,3 U.J
MINUTE BOOK
MARCH 2004 TERM
I
OFFICE OF STATE AID ROAD CONSTRUCTION
MISSISSIPPI DEPARTMENT OF TRANSPORTATION
JACKSON, MISSISSII'PI
DATA TO BE SUBMITTED WITH ALL PROJECT PROGRAMS
Project Nulllber,_ _----'S:::A=P....:-2=-4:..>(....:4L:)M.....:...._ _ CQunty

Road Connectiolls at each .E.n4
_---,
End,
----'H=ar....:r:.:is....:o....:n
D.le'-_ _....:2....:/~2_3/_0_4
2.f Project
SurfType"-
Surf Wid(h....:
Widlh
Rdwy. Wldlh
~Rdwy
(South or West)
_ _ _ _ _ _ _ _ End,
Surf Width,
SurfType,~
{North or East)
Railroad Grade Crossing Data
Is there an existing Railroad Grflde Crossing? Yes _ _
No
Name ofRailro{'."'d
Existing Prolecli"-IJI"-'
Proposed Protectio,!!.IlL-
Existing and/or Propose Facilities Effecting Route:

SCHOOLS,
INDUSTRY:
TYPE OF INDUSTRY'
ON ROUTE
ON ROUTE
NO
NO
YES
YES
OFF ROUTE _ _
OfF ROUTE
---,--
OTHER DESIGN CONSIDERATIONS:
UTILITY COMPANIES TQ BE AFFECTED IlY PROJECT
NAME
STREET OR P.Q. BOX ADDRESS
Signed,
CITY
--=-_----::----,--
COllrilY Engineer
NOTE: This is a maintenance/overlay project of existing State Aid projects. This form is not required.
c:\doc\propOSHI.sap.2003cO I ~02, wpd
Revised Janlillry 1, 1003
30G
MINUTE BOOK
MARCH 2004 TERM
OFFICI: OF STATE AID ROAI) CONSTRUCTION

MISSISSIPI'I DEI'ARTMENT OF TRAN"rORTATION
JACKSON, MISSISSIPPI
Project Numb"'~_--"S,,'A:cP:...--=2:...4,,-(:...]3=-):.:S'---_ _ County

Rot\d
Cl)nllecti9n~ n1.\W~
.,..,.----.,._=---.,.
----'f:...h'-r_ri"'s'-'on'---
End Q.f Project

End,
SUffTypc,-_~
Dnte,
Surf. WidlhL
-=2::.!,,23:::!-=O...:4---'-_ _
Rdwy, Width
__
(South or West)
=---c-=--:---- End,
Surf Tvpe,
Surf Width,
Rdwy lI"dth,
(North or East)

15 there an existing Railroad Grade CrosslIlg? Yes _ _
No
Name ofR"ilrDQ!a!!!d
Existing Protection _ _~
Propost::d ProteclioQ!n!-
E.xisting nnd/or ProDQSc; Facilities Effecting ROLlte:

YES
YES
SCHOOLS:
INDUSTRY:
ON ROUr,, _ _
ON ROLlTE _ _
NO
NO
TYPE OF INDUSTRY'
OFF ROLlTE _ _
OFF ROUTF. _ _
OTHER DESIGN CONSIDERATIONS,
UTILITY COMPANI~TO [JE AFFECT!:!) BY PROJECT:

NAME
Sigl1edl
CITY
STREEl OR POBOX ADDRESS
-c:-_---;;-:-
County Engllleer
NOTE: Reseal maintenance project. This form is not reqUired.
c.:\dt'!c\propGsal.!lll.p.2003
(}
t01. wpd
Revised Jnmlary 1, 200)
307
MINUTE BOOK
MARCH 2004 TERM
I
OFI'ICE 01' STATE AID ROAD CONSTRUCTION
MISSISSIPPI DEPARTMENT 01' TRANSPORTATION
Project Number
~~.::SA=P.-:-2,-,4",,(5,-,o,",)~_ _
Counly ~
H=ar.:-ri",s.:-onc-
Date
....::.ZI.::Z.:-3/-,O-,4
Stlfl". Width<..._ _..;;Z",O_
Rdwy Widlh'_--08.:-0-,E",stc--'__
Stiff Widlh,_ _--=Z"'O__
Rdwy, Widlh'_--08.:-0-=E:::.s,--1~_
Is thete an existing Railroad Grade Crossing? Yes

Name of
Rrtirro",a!!!d_~
No _ _
_
Existing Protecli"on"--
Proposed Protectio"'nL-
Existing and/or Propose Facilities Effecting Roule;

SCHOOLS:
INDUSTRY:
TYPE OF INDUSTRY'
YES
YES
NO
NO
---x-
ON ROUTE
ON ROUTE
OFF ROU1 10
OFF ROUTE _ _
_U_S_F_is_h_H_a_t_c_he_ry-<-
OTHER DESIGN CONSIDERATIONS,
UTILITY COMPANIES TO BE AFFECTED BY PROJECT:
NAME
Mississippi Power Company
STREET OR P
CITY
BOX ADDRESS
p, 0, Box 4079
GulfDort. MS 39502
Signed
--;::-_----==---,---
CCU..lllty Engineer
c:\doc\pl'Opmml.slIp.2003-0 I02.wpd
Revised
J;tnlHH)'
2, 20U:'!
308
MINUTE BOOK
MARCH 2004 TERM
I
OFFICE OF STATE AID ROAD CONSTRUCTION
MISSISSIPPI DEPARTMENT OF TRANSPORTATION

Project Numb"_ _----'S:.:A..;:.P=--.c:2:..:4"-(:.:13"')c::S'--_ _ County
H_a_IT_i_so_n
D.le,
:.:2:;.12:.:_3_I_O_4
RQ!li! Connections !U e<lch .E..ill!. Q.[ Prolt:ct
=--,-_=--,-
End,
SurfType~
Surf Widlh,
End,
SurfType,
Surf Width,
Rdwy Widlh,
Rdwy Widlh,
(South or West)
...,.,-_ _..".-
(Norrh or ast)
Rajlroad Grade Crossing Datn

Is Ih~re an existing Railroad Grade Crossing? Yes__
No
Name of Rftllro"'a"'d
Existing Protecti."'o"n
Propo.5cd Prorccti"'on"-
Existing and/or Propose Facilities
SCHOOLS
INDUSTRY
Etrectin~ Route"
YES
YES __
OFr ROUTE __
OFF ROUTE
ON ROUTE _ _
ON ROUTE _ _
NO
NO
TYPE OF INDUSTRY-
OTHER DESIGN CONSIDERATIONS
UTILITY COMPANIES TO BE AFFECTED BY PROJECT

NAME
Signed
CITY
STREET OR POBOX ADDRESS
-:-_--:::---,Counly
En.gine~r
NOTE: Reseal maintenance project. This form is not required.
c:\doc\proposal.sap.l0030 1-02 .wpd
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MINUTES
310
MARCH 2004 TERM

Supervisor CONNIE M. ROCKCO moved adoption of tile following:
ORDER ACCEPTING THE LOW PROPOSAL OF WETLANDS
SOLUTIONS, LLC IN THE AMOUNT OF $27,211_80 FOR 6.2
MITIGATION CREDITS FOR ENVIRONMENTAL PROBLEMS
ASSOCIATED WITH TRADITION PARKWAY PROJECT NO.
OECO-002411tUB, PHASE 1B AS RECOMMENDED BY A. GARNER
RUSSELL, P.E., AUTHORIZING THE BOARD PRESIDENT TO EXECUTE
AGREEMENT TO PURCHASE, AND AUTHORIZING PAYMENT OF
$27,211_80 TO WETLANDS SOLUTIONS, LLC, PAYABLE FROM
001-100-900
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, that tile

Board does HEREBY ACCEPT the low proposal of Wetlands Solutions, LLC in the amount of
$27,211.80 for 6.2 mitigation credits for environmental problems associated witll Tradition
parkway project No. DECD-0024(141B, Phase 1B, as recommended by A. Garner Russell, P.E.,
said recommendation and proposals being as follows:
A_ Garner Russell, P.E., President
John Campton, P.E.. SecjTreas

Douglas Rackley. P.E.
Sr.ott Burge, P,E.
February 25. 2004
Harrison County Board of Supervisors

P. 0 Drawer CC
Gulfport, MS 39502
Re
Tradition Parkway
Project No. DECD-0024l14)B, Phase 1B
Dear Board Members.
In response to our request for proposals for 6.2 mitigation credits for environmental
problems associated with the above referenced project, the following two proposals were
received (copies enclosed).
Wetlands Solutions. LLC
Enviro South
$27,211.80
$31.000.00
We recommend thai the Board accept the low quote of $27,211.80 and purchase these
credits so that thiS problem Can be finalized
We will submit this as a project cost for reimbursement to the County
Please place thiS on your March 8 meeting agenda for action.
Yours very truly,
tM~~~
A. Garner Russell, P.E.

AGR/I/1567" 1B
Enclosure
cc:
The Honorable Larry Benefield, Dis!. 2

The Honorable Connie RockeD, Dist. 5
O.\1S67.j BIMitiga!ioll Credits on Agenda.doc
Pag!" 1 011
311
MINUTE BOOI<
MARCH 2004 TERM
I
i"WETLANDS
SOLUTIONS~LLC
Post Office Box l407 12440 Seaway Road. Gulfport, Mississippi 39505
Telephone: (228) 896-8989 Fax: (228) 896-3726
www.wetlandssolutions.com
February 20, 2004

VIA HAND DELIVERY
Mr. A Garner Russell

A. Garner Russell & Associates, Inc.
Post Office Box 1677
Gulfport, Mississippi 39502
Dear Mr. Russell:
In response to your request on behalf of the Harrison County Board of Supervisors for a cost
proposal on 6.2 mitigation credits for the Harrison County West Connector Road project, Wetlands
Solutions, LLC offers to sell credits for a total cost of$ 27,211.80
Thank you for allowing Wetlands Solutions to submit this proposal and please let us know if we can
be of further service.
Very truly yours,

WETLANDS SOLUTIONS, LLC
Brandon A Pike
312
MINUTE BOOK
MARCH 2004 TERM
I
"::t'
~~r.-~,i~~~ CnuiroSo uth

GARY J. CUEVAS, INC.
February 19, 2004
Mr. Garner Russell

Consulting Engineers
520 33'0 Street
Gul:fPort, MS 39507
RE: Proposed Mitigation for Harrison County, West Connector Road, CoE # MSOO-00968-P
Dear Mr. Russell:
Please be advised the Little Biloxi Wetland Trust, Inc. will furnish 6.2 mitigation credits for
$31,000. This is based on a ratio of! acre mitigation = 1 credit.
Thank you for the opportunity to provide a quote and if I can be of further assistance, please feel
free to call.
I
Phone: (228) 388-1585 or (228) 868-2217 Fax (228) 388-1585
6017 Vista Circle' Gulfport. Mississippi 39507-4636
MINUTES
313
MARCH 2004 'TERM

IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE payment of $27,211.80
to wetlands Solutions, LLC, payable from 001-100-900; and the Board president is HEREBY
AUTHORIZED to execute the following agreement to purchase mitigation credits:
AGREENffiNT TO PURCHASE MITIGATION CREDITS
TillS Agreement is made by and between WETLANDS SOLUTIONS, LLC (heremafter WSLLC) and
Harrison COtu1ty Board of Supervisors
(hereinafter PERMITTEE).
PERMITTEE agrees to purchase and WSLLC agrees to provide _6_.2__rnitigation credit(s) from Wetlands
Solutions Mitigation Bank (#MS99-02703-E), as required by PERMITTEE'S U.S Amly Corps of Engineers
pemlit #
MSOO-00968-P
As consideration for the above-referenced nlitigatlon credits, PERMITTEE agrees to pay WSLLC the sum of
$ 27,211.80 .
This Agreement is made this__ day of
,2004.
PERMITTEE:
Harrison CountlJ Boa.r:d of Supervisors
By
Address:
P.O.
Dral>'er CC
Gulfport, M5
Phone:
39502
228-865-4001
Fax: _....:2:.::2:...:8c..-....:8....:6....:5_-..:.42::..C::..)b::..
WSLLC wilJ provide contirmation of pmchase of creruts to the Corps of Engineers via fax and U.S. mail within
onc busmess day of rcceipt of payment ifpaymen[ IS made by wire transfer, cashier's check or other certified
funds. Personal and company checks are subject to the following clearmg period'
Checks drawn on Hancock Bank
Checks drawn on other local banks
Checks drawn on out of town banks:
Bank drafts:
REMIT PAYMENT TO:

\VETLA.'IDS SOLUTIONS, LLC
PO Box 2407
GuUport, MS 39505
Phone
Fax:
896-8989
896-3726
I business day
2 business days
Up to 7 business days
3 business days
314
MINUTES
BOARD OF SUPERVISORS, HARRISON COUNTY J MISSISSIPPI
MARCH 2004 TERM
AYE
AYE
AYE
AYE
Supervisor CONNIE M. ROCKCD voted
AYE
315
MINUTE 8001<
MARCH 2004 TERM
ORDINANCE NO. 0402HC027
Supervisor WILLIAM W. MART Itfl10ved the adoption of the following order:
AN ORDER CONCURING WITH THE PLANNING

COMMISSION TO APPROVE A ZONING MAP
AMENDMENT. THE PROPERTY IS CURRENTLY ZONED
AS AN R-l (LOW DENSITY RESIDENTIAL) DISTRICT.
THE REQUEST IS TO CHANGE THE ZONING DISTRICT
CLASSIFICATION TO AN R-2 (MEDIUM DENSITY
RESIDENTIAL) DISTRICT.
WHEREAS, the Harrison County Board ofSllpervisors finds and does so determine
under Section 906 and based upon the recommendation of the Harrison County Plmming
Commission and county departments, as well as its existing needs and development, and based
upon a reasonable consideration of the character of the district and neighborhood and suitability
for particular purposes, that the property which is generally described as being located north of
Mahoney Road, west of and adj acent to Lobouy Road and south of 1-10, should be rezoned for
the pUllJose of placing a manufactured home. The ad valorem tax parcel number of the subject
property is 0310-26-007.003. The case file number is 0402HC027.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
HARRISON COUNTY, MISSISSIPPI, AS FOLLOWS:
SECTION 1: That the Official Zoning Map of Hanison County Zoning Ordinance of the
County of Harrison, adopted the 28th day of August, 2000, as amended, be and the same is
hereby amended to provide that the following described property be rezoned from its present
classification of a R-l (Low Density Residential) District to that of an R-2 (Medium Density
Residential) District.
DESCRIPTION:
1 AC(C) COM AT SE COR OF SEC 26 W 353 FT N 298.2 FT TO INTER OF CENTERLINE

OF LOBOUY RD & N MAR OF RAILROAD W 30 FT TO W MAR OF LOBOUY RD NELY
ALONG RD 247.4 FT TO POB NLY ALONG RD 118.2 FT W 428 FT S 110 FT E 388.3 FT
TO POB PART OF SE1I4 OF SE1I4 OF SEC 26-7-13
The ad valorem Tax Parcel Number is 0310-26-007.003.
See attached site location map.
SECTION 2. For good cause being shown and the interest and welfare of Hanison
County, the citizens thereof require that the said Ordinance be in full force and effect
immediately upon its passage and enrolled as provided by law.
316
MINUTE BOOK
MARCH 2004 TERM
Supervisor MARLIN R. LADNER seconded the motion to adopt the above forgoing
Ordinance whereupon the President put the question to a vote with the following results:
Supervisor BOBBY ELEUTERIUS
AYE
Supervisor LARRY BENEFIELD
AYE
Supervisor MARLIN LADNER
AYE
Supervisor WILLIAM MARTIN
AYE
Supervisor CONNIE ROCKCO
AYE
The majority of the members present having voted in the affinnative, the President then
declared the Motion carried and the Order adopted on this the 3$:h
day of
March
,2004.
0402HC027
Zoning Map Amend. & Conditional Use Permit
tlJ
;;V
--26
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Parcel lines
Special Use and Overlay Districts
~A-D
~E-D
u:I!IIITI
R-D
DW-D
Zoning dec 1 2003.shp
A-' Ge"eral Agriculture
~ E-1 Very Low Density Residential
c:::::J R-1 Low Density Residential
U R-2 Medium Density Residential
~ R-3 High Density Residential
0-1 Office
~ C-, Neighborhood Commercial
Il'iiI!I C-2 General Commercial
_
C3 Resort Commercial
01-' Light Industry
~ 1-2 General Industry
U MPC Master Planned Community
nrg2
3:~ C
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O:::am
O::::!tlJ
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-IZO
rnn::=:;
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( I)
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800
~?IIi..I/a
800
1600
2400
3200
4000
4800 Feet
~
......1
MINUTE 8001<
318
MARCH 2004 TERM
Supervisor WILLIAM
MARTUJllloved the adoption ofthe following order:

COMMISSION TO APPROVE
A
ZONING
MAP
AS AN A-I (GENERAL AGRICULTURE) DISTRICT. THE
REQUEST IS TO CHANGE THE ZONING DISTRICT
CLASSIFICATION
TO AN R-l
(LOW DENSITY
RESIDENTIAL) AND E-l (VERY LOW DENSITY
RESIDENTIAL) DISTRICTS.
WHEREAS, the Harrison County Board of Supervisors finds and does so detenlline
under Section 906 and based upon the recommendation of the Harrison County Planning
for particular purposes, that the property which is generally described as being located at 8120
Oakenshield Lane, should be rezoned to subdivide property for residential use. TIle ad valorem
tax parcel number of the subject property is 0410-31-002.001. The case me number is
0402HC035.
SECTION 1: That the Official Zoning Map of Harrison County Zoning Ordinance of the
classification of a A-I (General Agriculture) District to that of an R-l (Low Density
Residential) and E-l (Very Low Density Residential) District.
115.7 AC COM AT INTER OF N LINE OF PHJLLJP SAUCIER CLAIM & E MAR OF PCPOPLARVILLE RD N ALONG RD 1187.3 FT TO SW COR OF LAZY ACRES SUED
(UNRECORDED) N 68 DGS E 291.8 FT N 52 DGS E 327 FT N 48 DGS E 120.2 FT TO
CURVE NLY & NWLY ALONG CURVE 387.8 FTN 870.1 FT E 990.3 FT TO POB S 1952.4
FT N 76 DGS E 2927.8 FT S 85 DGS E 525.6 FT N 18 DGS W 1320.9 FT S 87 DGS W 117.6
FT S 85 DGS W 507.9 FT N 70 DGS W 146.7 FT N 75 DGS W 603.3 FT N 82 DGS W 253.1
FT S 66 DGS 261.9 FT S 77 DGS W 124.5 FI S 87 DOS W 384.9 FT S 81 DGS W 185.2 FT S
88 DGS W 125.3 FT W 193.1 FT N 69 DGS W 179.5 FT S 82 DGS W 59.2 FT TO POB PART
OF E 1/2 OF NE 1/4 OF SEC 36-7-13 & N 1/2 OF SEC 31-7-12
The ad valorem Tax Parcel Number is 0410-31-002.001.

SECTION 2. For good cause being shown and the interest and welfare of HalTison
31rl
MINUTE BOOK
MARCH 2004 TERM
AYE
AYE
AYE
AYE
AYE
The majority of the members present having voted in the affirmative, the President then
declared the Motion carried and the Order adopted on this the 8th
day of
March
,2004.
20
MINUTE BOOI<
MARCH 2004 TERM
I
.......
------
Io-E
MINUTE BOOI<
321
MARCH 2004 TERM
Supervisor WILLIAM M. MARTIHJ.oved the adoption of the following order:

COMMISSION TO APPROVE A ZONING MAP
AS AN A-I (GENERAL AGRICULTURE) E-I (VERY LOW
DENSITY RESIDENTIAL) AND R-2 (MEDIUM DENSITY
ID~SIDENTlAL) DISTRICT.
THE REQUEST IS TO
CHANGE THE ZONING DISTRICT CLASSIFICATION OF
240-ACRES TO R-2 (MEDIUM DENSITY RESIDENTIAL)
AND 23-ACRES TO C-2 (GENERAL COMMERCIAL)
DISTRICT.
WHEREAS, the Harrison County Board of Supervisors finds and does so detennine
under Section 906 and based upon the recommendation of the Hanison County Planning
for particular purposes, that the property which is generally described as being located north of I10 and west of and adjacent to Canal Road and south of Hutter Road, should be rezoned for the
purpose of developing a single family residential community with commercial frontage along
Canal Road. The ad valorem tax parcel numbers of the subject property is 06090-01-001.000,
0609H-OI-008.000 and 0609H-OI-025.000. The case file number is 0402HC036.
classification of a A-I (General Agriculture), E-! (Very Low Density Residential) and R-2
(Medium Density Residential) Districts to that of an R-2 (Medium Density Residential) and
C-2 (General Commercial) Districts.
DESCRIPTION:
06090-01-00 I .000
SWI/4 & WII2 OF SEI/4 SEC 13~7-12 CONTG 238 AC
0609H-01-008.000
12.7 AC(C) LOT 4 BLK 34 & LOTS I & 4 BLK 35 ACREAOE ADD PART OF EI/2 OF
SE1I4 OF SEC 13-7-12
0609H-O 1-025.000
4.2 AC(C) LOT 2 BLK 35 ACREAOE ADD SUED SEC 13-7-12
The ad valorem Tax Parcel Numbers are 06090-01-001.000, 0609H-OI-008.000 and 0609H-OI025.000.
MINUTE BOOI{
MARCH 2004 TERM
SECTION 2. For good cause being shown and the interest and welfare of Harrison
The majority of the members present having voted in the affmnative, the President then
day of
declared the Motion carried and the Order adopted on this the 8 th
March
,2004.
f) l")
3 (:.,. ..)
MINUTE 8001<
MARCH 2004 TERM
mOAn
I.cLIl8ImJ8DI '.J..IJtQOO W<l8lU11l

("u'O" of) a'Iml D.LJ.n..H.
lIJJS
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324
MINUTE BOOI{
MARCH 2004 TERM
Supervisor MARLIN, R" LADNER moved the adoption ofthe following order:
AN ORDER DENING A ZONING MAP AMENDMENT AND

APPROVING A TEMPORARY USE PERMIT TO PLACE A
MANUFACTURED HOME IN THE REAR OF THE
PROPERTY ON A 1.6 ACRE PARCEL OF LAND.
WI-ffiREAS, the HanisOll County Board of Supervisors finds and does so determine
under Section 401.01a and based upon the recommendation of the Harrison County Planning
upon a reasonable consideration ofthe character of the district and neighborhood !lnd suitability
for particular purposes, that the property which is generally described as being located at 7251
Red Creek Road, should be granted a temporary use permit. The ad valorem tax parcel number
of the subject property is 0510N-OI-009.000. The case file number is 00402HC022.
HARRISON COUNTY, MISSISSll)PI, AS FOLLOWS:
hereby amended to provide that the following described property be granted a Temporary Use
Permit.
DESCRlPTION:
4.1 AC BEG 636 FT N OF SE COR OF WI12 OF SE1/4 OF NEI/4 OF SEC 19 N 694.2 FT TO

W 300 FT S 232 FT E 103 FT S 10 DG W 469.7 FT E 283 FT TO POB PART OF SE1/4 OF
NEl/4 OF SEC 19-5-12
The ad valorem Tax Parcel Number is 051ON-OI-009.000.
SECTION 2. For good cause be.ing shown and the interest and welfare ofHanison
325
MINUTE BOOI{
MARCH 2004 TERM
Supervisor CONNIE M ROCKCO seconded the motion to adopt the above forgoing
AYE
AYE
AYE
AYE
AYE
The majOlity of the members present having voted in the affinnative, the President then
declared the Motion carried and the Order adopted on this the
8th
day of
March
,2004.
32B
MINUTE BOOI<
MARCH 2004 TERM
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MIN UTE S
327
MARCH 2004 TERM

Mr. Freddy Edenburg appeared before the Board to voice his concern about
additional traffic and flooding with development Of 23 acres Of land as stated in case file
0402HC036.
The Board advised Mr. Edenburg that these matters will be considered by the County
Engineer office once the preliminary plats for development are presented. Any large
Subdivisions would have to tie to water and sewer services.
There was no Board action taken on this matter.
328
MIN UTE S
MARCH 2004 TERM

Supervisor WILLIAM W. MARTIN moved adoption of the following:
ORDER ACCEPTINC THE LOWEST BID RECEIVED FOR BID #4-03,
ONE OR MORE NEW, 2004 MODEL, 4WD, 110 HP DIESEL
POWERED TRACTORS, AS SUBMITTED BY WATTS BROTHERS
IMPLEMENTS & SUPPLY COMPANY AT A COST OF $39.423.10
EACH
WHEREAS, the Board of Supervisors does hereby find as follows:
1. "rhat this Board, at a meeting heretofore held on the 26th day of January 2004,
adopted an order authorizing and directing the Clerk of the Board to cause publication to
be made Of legal notice of Invitation to bid for Bid #403, one or more new, 2004 model,
4WD, 110 HP, Diesel Powered Wheel Tractors.
2. That as directed in the aforesaid order, said notice was published in The Sun
Herald newspaper. a newspaper published and having a general cirCUlation in Harrison
county, Mississippi for more than one year next immediately preceding the date of said
Order directing publication of said notice. and that the publisher's affidavit of proof of
publication has been filed with the Clerk of this Board, by said Clerk exhibited to the Board,
and shows that said notice was published on February 8 and 15,2004.
3. That publication Of said notice has been made once each week for two
consecutive weeks, the last of which was at least seven working days prior to February 27,
2004, the day fixed for receiving said bids In the order identified in paragraph one thereof,
said proof of publication being in the following form, words, and figures, to-wit:
329
MINUTES
MARCH 2004 TERM
I
PROOF OF PUBLICATION
, NOTICE O~ INVITATION TO
BID
COUNTY OF HARRISON
SI!'<lI",d bids ""III be accl!pled

the BC~ldu/ Supl!rv'G"f,lm of
Harrl,;!;tll f,:lllJMy Mil.'slsslppi.
b~
~~he~~<j~rd~~~\j R3~~I~~
CCll1rltl0us9 In Gullpor1. Mi:;s
1";;'llp+, unllllhlil hour ull0:30
",'clock A.M .. em Fl;!tlfu~ry 27
2Q041or purcllasAb'y H!1rfiSCIfl
Before me, the undersign
County 01 Ihe In/lo.....,ng'
1310#4-03
ON~
Mi 551 ssi ppi, per sona Ily appe are'lJ',.""""=-7r:3..--!...J.L..,F-..LL..,LJU~Jdf.~
OR MORE NEW, <;0/)4
MODEL. ,<tWD,
110
HJ=l,.
DIE;Sl;L POWERED WHEEL
TF1ACTOflS
who, being by me first dUly sworn,
Specl'k;allDn~ ilnd bid lorm!>

tor allis #4-0J. ~sllld ll00va
1TI1I1i be oblll'rJt.'d lr'lnl the
Hlurison County
clerk of
Purd"':Ij~g
DgpartmlJnl, lD/;'l'led ,I" 1M

Firsl Judirlal DislrlCl Courlhlluse I'll 1601 2:)n::l Aveflue.
In Gullpur1. Mi~Pji'J5ippi 39502,
'IIf1,c;e . 11ll!lphOIle
l'I~~.4Q28_
(;!:2S)
wattled 10 Robert We~l!e(,
paper~
AU'llor1Iy,
of such paper, viz:
Ham!jl)n Goullly Sand Bf'~ch

ONi.:;e lp.l",phol1,g
~~B~~r~~~n:~~'~1~5;iih!l1~
vollda
b"
~~~l:~;~~;~~~:.~;I~~~~i~k"~f
tile Bidder aond 1M C~"Jnty a.:lsumes rm fll~pI)n~lIlly rar

,,," prematlJrl! 0pl!'nir'\g l"l! tl1~
same by any C<;II,lnty' ['fl.
ployp'{I
~:~fll:~~i:I~~~~~~;:oU~i:~~
r19~
times In the follOWing numbers and on the following dates
Vol~ No.
Ciarlo: of lhe Board: All, Bitl;;

Must show the Bidder!! name
A.ld ilddress; An Bids Musl b~
8ep'Ad and clearly mer~"rl orr
!he oU'~ldc 01 Ih8 envl!lope 1'18
Indlcatlld,
"Bid
No.
II!
, a newspaper published in the city
,in Harrison County, MississiPPI, and that publication of the
notice, a copy of which is hereto attached, has been made in said
TechnklJl ql!es-
lions Ilot f1ddrllSS8d In It\~ bid

spe~iric!ltiol1s must be !I1,Jl;J
milltd In \l'd!ing, to bl'l for-
op<:'f''ild en FEE.lRUARY 27,
The Sun Herald
Gulfport
ollhe Blddllr. Bids <;I'lOrJlrl
be edrln;rssed to 11111 Herrieon
No.
@!
Vol
No.,
Vol
No, -
Vol
No,
Vol
No ,
~ day ~20 l!f-:
dated
.20 __
day of
dated
.20-day of -----,20 __
dated
day of
__ dated
day of
,20-_
,20 __
dated _~_ day or
Vol - - - _ No .
cm.inTi Boerd of SlJpel'1llS0[B,
dated
[32_ dated ~ day 0r.~.tl'::j
In 1':111" ollh Harrison Counl"
61Ii~=a~;~~9?;D~~;jl~~~:
Mlssls"ippl,
:mslJ2 The
~1~~r1:~~~ N~~; I~=dsil~e(~:
add.a!O~ for bi(1~ thaI I

~~I~~~ '~~:~~181~r~~1l ~f;; I
wrlJrlg
(II
mr:sy also blil
de~VOfltd
10 Ih@
Affiant further states on oath that said newspaper has been

established and published continUOUsly
Harrison County Purchasing

OelJar1men'
IlXat~d,
III the
Fir'lt J'.IQ1clal ()l~fri~t Court

hOlJ'5ll ;1,1 11101- 23rd A~enU!!,
:rJ"lIpMlt\ MI3,i~sippi. 39501,
un!il 500 I' M.. on, FEeAlJ
notice.
~:y ~~!l~~JO~oT bSuQ;~~~~:~
7l
In
more than twelve months
said county for a period of
pnor to the f:cst publication of said
~l!J2anL
erk
d:~i~:rn~,~r7~ ~~~~n~~,~~lr~
GUlfport,
Mlsslsslpol
on
FEBRUARY 27, :?OO4 prlo' to

~b~v~d Opl!!fllflg Ilm9 ItSltKt
Sworn to and subscribed before me trllS.
. Lr'20~~
:TI--,@BlJ<I,do(SUPllrvfsorsfepres~nlalive(i Will me!!! III the

11m" I'Inc ;ll Ihe [I1~o;lj s(lI.llId
above In 11>1., NCI!I(9 and Will
~~~I;;r'\~~~~;(!(J:(~(';; a~i~rJn
2M
~,1v (:WllrMI5<:lnn E:xr.wr~ ADnl :iIl, 200:'1
as Ille Br>a,d I-,g IMirut,..d,
Jor' bids r~(;eiv..d 11', <J."cord'anee WI\h Ill,! Nmlco!, nUl

Board of SlJpo!IrvlsolS IM-:
':~d8:11~1~Sr~f1h~I~~:i:~:rlf~~
Printer's Fee ..
malili"!l
By Order of thg Harrlsoil

('JurlIV Board 01 5up",rvi(ior!),
Bid ~o 4-03 W:lS 'orm:l.lly
Jt~~"dM~~O~uM~, 26C~~O~;
eERY CLERK,
rs~1~ICIOC~ERKOFTHE
/2 'd.-
day of
~'.1
tjJ:d.L''''< ~~vG?Jt)
Notary PubliC
...... ~-
Furnishing proof of publication

f--~---'
.$-------
TOTAL.
, T79IldvI1,15,2K
4. That this Board, at a meeting on February 9, 2004, designated its representatives

to receive bids on February 27,2004
5. That bids were received at the time and place and in the manner provided in said
Notice of InVitation to Bid, at Which time they were opened, read aloud, and have remained
on file with the Clerk of the Board. The following bids were received:
330
MINUTE 8001<
MARCH 2004 TERM
MINIMUM Specifications and Bid Form for One or More, New, 2004 ModeI4V\!D, 110 HP, Diesel Powered
Wheel Tractors for the Sand Beach Maintenance Department
SPECIFICATIONS:
110 Net Flywheel Horsepower, Diesel, Water Cooled Engine
BB Net PTa Horsepower
16 FOlWard / 16 Reverse with Two Speed Mechanical Shift Transmission
Category II Three (3) Point Hitch
Three (3) Auxiliary Valves
540 R.P.M PTa
Clutch Type Hydraulic, Wet for PTa
52001b. Lift Capacity at Lift Point
Wet Disc Enclosed Brakes and Hand Parking Brake
Power Hydrostatic Steering
Hand and Fool Throttle
13.6 - 24 R1 Front Tires
18.4 - 34 Pavt Rear Tires
12 ~ Volt Electrical System
Vendor Complies: :..xCEEDS

Vendor Complies: EXCEEDS
Vendor Complies: ~S
Vendor Complies: TI2....Vendor Complies: YES
Vendor Complies: YES.-Vendor Complies: 't"ES
Vendor Complies: j':}(CEEDS
Vendor Complies: XI::S-Vendor Complies: ~_.
Vendor Complies: ~
Vendor Complies: 14, Y X ,
Vendor Complies: 18.4 XJ/l
VendOI Complies: ~
Instruments to Include:
All Standard Gauges, Standard Lights and Turn Signals

9001bs. Of Weight Mounted on the Front of the Tractor
Vendor Complies: YES

Vendor Complies YES _
CAB:
Air conditioner and HeaterlDefro<;ter, Front and Rear Wipers,
Rotating Beacon Light, BaCk-Up Alarm, Tool Box, Deluxe Seat with
Safety Belts, four (4) front, and two (2) two rear working lights
Vendor Complies: EXCEEDS
ALL BLANKS MUST BE COMPLETED TO VERIFY COMPLIANCE OR EXCEPTIONS

MANUFACTURER'S NAME AND MODEl..: JIDJ HOLLAND TS1l5A
DELIVERY SCHEDULE: 90 TO 120 DAYS
WARRANTY: TWO (2) COMPLET;;;;'E'-;O~N';--.I'SAR,:oTSS;-
7AND
=,LAlJ=omjl,---------------BID PRICE FOR NEW EQUIPMENT
$ 42,800.00
GENERAL:
1.
Bid price shall Include delivery to Hilrrison CountYI MS, dealer preparatlon l title application and State
Inspection fee.
2.
Bid price shall remaIn valid for a period of sixty (60) days beginning wilh bid opening data.
Bidders place of business) I the geographical location, lit located someplClce other than Harri_son County,
MS), for full service, parts and the warranty shop:_ 508 HWY 98 By- PASS COLU~1BIA, NS JY42'J
3.
4.
The County reseNes the right to inspect all maintenance facilities and will take into consideration their
location for warranty or maintenance service, repairs and parts availability when awarding thie. bid.
5.
COMPLETE TECHNICAL SPECIFICATIONS FOR THE EQUIPMENT BEING OFFERED MUST

BE SUBMITTED WITH EACH BID. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.
TECHNICAL QUESTIONS NOT ADDRESSED IN THE SPECIFICATIONS SHOULD BE SUBMITTED IN
WRITING. TO BE FORWARDED TO MR ROBERT WEAVER, DIRECTOR OF THE SAND BEACH
AUTHORITY. OFFICE TELEPHONE NUMBER (2281 8g6-0055.
6.
I CERTIFY THE EQUIPMENT ElEiNG OFFERED MEETS OR EXCEEDS THE SPECIFICATIONS

DATE:
FEBRUARY 27, 2004
VENDOR:
CRAIN TRACTOR & EQUIPMENT, INC.
SIGNED BY (Name and Title)

ADDRESS.
KEITH R!lMSH1f1l BID REPRESENTATIVE
P O. BOX 88, 508 HWY Y8 COLillmIA, MS
TELEPHONE:
(601) 736-4527
FAX
39429
(601) 736-5212
PLEASE SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID
BID #4~03 TO BE OPENED FEBRUARY 27, 2004
331
MINUTE Baal<
MARCH 2004 TERM
MINIMUM Specifications and Rid Form for Om> or More. r,jf'!W, 200.-\ Model t1WD, 110 HP, Diesel Powered
Wheel Tractors for the Sand Beach Maintenallce Dpp<-lttJnEnl
SPECIFICATIONS:
Venda, Complies V/
Vendor Complies'
Vendor Complies:
~
Vendor Complies' ~
Vendor Complies. ~
Vendor Complies: ~-.
Vpndor Complies: ~
Vendor Complies: ICl'S ;it'
Vendor Complies: ~
Vendor Complies _ ~
Vendor Complies
L/
Vendor Complies: ~
110 Nel Flywheel Horsepower, Diesel, Waler Cooled Engine
q C
16 Forward /16 Reverse with Two Speed MeGilanical Shift Transmission

540 R.P.M PTO
Clutch Type Hydraulic, Wei ror PTO
52001b. Lift Capacity at Lift Point
Wet Disc Enclosed Brakes and Hand Pa'king Broke
Hand and Foot Throttle
12 ~ Voll Electrical System
Vendor Compiles' ~
Vendor Complies:
~/
In5lrum..nls to Include:
All Standa'd Gauges, Standard Lights and Turn Signals
900lbs or Weight Mounled on the Front of IIle Tractor
Vendor Complies: : /
Vendor Complies ~
CAB:
Air conditioner and HeaterlDeflOster, Front and Rea' Wipe's,
Rolating Beacon Light, Back-Up Alarrn. Tool Box, Deluxe Seal with
Safely Bells, four (4) fronl, and two (2) two rear working Iighls
Vendar COlnplies:
,-----
MANUFACTURER'S NAME AND MODEL:

DELIVERY SCHEDULE:
9[' - 0.
WARRANTY:
C/156'
;?/ XU II C
(-:"'=<-'-:0':"11"',c~;'-;Cj~J.:...!..L-=--'-"-"""-~---------
'j cud,
BID PRICE FOR NEW EQUIPMENT
~OO'
GENERAL:
1_
Bid price ahallinclude dellvory to l-iarrisol1 County. MS, dealer preparaUon, title application and Stata
In1fpectJon fee.
Sid ptlte shall remain valid for D period of sixty (60) days beginning wllh bid opening d~te.
BIdders place of business). the geogreph1callocatlon, 11' loc9t~d someplace other than Harrison Co\mty.
MS), for full Rervlce, parts and the warranty shop:
Rtf xI{ I ~ C 0(.'&1 t-
2.
3.
The County ree:urves tho right to Inspect all
4.
5.
6.
n1alnt~IHirlCe facilities
and will take Into con"!:llderatlon thalr
locatlon for warranty or malntRnance service, repairs and parts availability when awarding this bid .
BE SUBMITTED WITH EACH BID. FAILURE TO DO SO MAY DISQUALIFY YOUR BID,
TE:CHNICAL QUESTIONS NOT ADDRESSED IN THE SPECIFICATIONS SHOULD BE SUBMITTED IN
Wr~fTING. TO BE FORWARDED TO MR. ROBERT WEAVER, DIRECTOR OF THE SAND BEACH
AUTHORITY, OFFICE TELEPf~ONE NUMBER (UO) 0960055.
I CERTIFY THE EQUIPMENT BEltolG OFFERED MEETS OR eXCEEDS THE SPECIFICATIONS
PLEASE SUBMIT YOUR BID ON THiS FORM. FAILURE TO 00 SO MAY DISQUALIFY YOUR BID.
BID #4-03 TO BE OPENED FEBr\UARY 27.2004
332
MINUTE Baal<
MARCH 2004 TERM
MINIMUM Specifications and Bid form for One or More, I~ew, 2004 Model 4WD. 110 HP, Diesel Powered
Wheel Tractors for the Sand Beach Maintenrtnce Der;:nllllent.
SPECIFICATIONS:
110 Net Flywheel Horsepower, Diesel, Waler Cooled Engine
88 Net PTa Horsepower
16 Forward /16 Reverse.wilh Two Speed Mechanical Sl,ifl Transmission
Category II Three (3) Poinl Hilcl,
MORP.M PTa
Clutch Type Hydraulic, Wet for PTO
52001b. liM Capacity at Lin Point
Power Hydrostatic Sleering
12 - Volt Electrical System
Vendor Complies: __'::/

Vendor Complies ~
Vendor Complies: ~
Vendor Complies:
,/
Vendor Compiles:
17
Vendor Complies: ~.
Vendor Complies: -------;7 -Vendor Complies: ~
Vendor Complies: -----;;7""""
Vendor Complies: ~
Vendor Complies: ~
Vendor Complies: -----,rVendor Complies: ~
Vendor Complies: ).7
900lbs Of Weight Mounted on the Front at Ille Traclor
Vendor Complies: _ v/
Vendor Complies:
v?_
CAB:
Air conditioner and HeaterlDerrosler, Front and Rear Wipers,
Rotating Beacon Light, Back-up Alarm, Tool Box, Deluxe Seat with
Vendor Complit'!s
1/
All BLANKS MUST BE COMPLETED TO VERIFY COMPLIANCE OR EXCEPTIONS
/<. U 13,\"/ /1 ( /)2- //D

~~~~~~;~.!~fu~~'O~~r 23 .z::~,3Zd 7 ,P(':,XtxI1IA)
I
MANUFACTURER'S NAME AND MODEL,
() T L
,)(0
/!In, ct! 3cj{"o/;
).L / 'tOO,
<l"c')
GENERAL:
1.
Bid ptlCe ohallinciude delivery to Harrison Counly, MS, deal9r pntpBratfnf1, tltlo
Inspedloo fee.
2.
3.
B\d price shall remain vlOilid for a period of !:SIxty (60) days beginning wHh bId opening date.
Bidders plOJce of bUfl.lne9s). the gaographlclll location, (If locatod eorneplacQ other than Hrurlsotl County,
MSJ, for full Dervlce, paris and the warnmty shop:~HtA:/)~CD"-{"')"-=,-I,--r--,Y_'~~~~
4.
The County re-serves the right to Inspect all maintenance facilities and will take Into consideration 1helr
AppllcH~IQn
and SIRite
location for wanrmly or maintenance service, repalr8 and par18 availability when awarding this bid.
BE SUBMITTED WITH EACH BID_ FAILURE TO DO SO MAY DISQUALIFY YOUR BID.
TECHNICAL QUESTIONS NOT ADDRESSED IN THE SPECIFICATIONS SHOULD BE SUBMITTED IN
WRITING, TO BE FORWARDED TO MR. ROBERT WEAVER, DIRECTOR OF THE SAND BEACH
AUTHORITY, OFFICE TELEPHONE NUMBER (220) 096,0055.
5.
6.
I CERTIFY THE EQUIPMENT EIEING OFFERfOO MfOET9 DR EXCEEDS
DATE
VENDOR
;,) - ;2 (;,- c: Cf
J. EE f i cU:.;tPI<?.

ADDRESS
I;) ~ (\ (.
TELEPHONE:7,l
~I:'-.-~.!Q.LA,.""'"')
j,2,
nie
BPfOCIFICATION9
-..i _\L__ '.,
OtU<fWk'"f,1 L'9Ic-)6~()VAv
S<37:z- '7522
FAX
22 r:;7.2
"39,')'2JJ
~ S~J( C;
PLEASE SUBMIT YOUR BiD ON THIS FORM. fAilURE TO DO SO MAY DISQUALIFY YOUR BID.
BID #4-03 TO BE OPENED FEBRUARY 27, 2004
333
MINUTE BOOI{
MARCH 2004 TERM
MINIMUM Specifications and Bid Form for One or More, New, 2004 Mode14WD, 110 HP, Diesel Powered
Wheel Traclors for the Sand Beach Maintenance Department.
SPECIFICATIONS:
Vendor Complies:
_
Vendor Complies:
_
Vendor Complies:
_
Vendor Complies: _ _~
Vendor Complies:
_
Vendor Complies:
_

16 Forward /16 Reverse with Two Speed Mechanical Shift Transmission
540 R.P.M PTa
5200lb. Lift Capacity at Lift Point
Vendor Complies:
Vendor Complies:
_
Vendor Complies: _ _.~
Vendor Complies:
_
Vendor Complies:
_
Vendor Complies:
_
Vendor Complies:
_
Vendor Compiles:
_
CAB:
Air conditioner and Heater/Defroster. Front and ~ear Wipers.
Rotating Beacon Light. Back-up Alarm, Tool Box. Deluxe Seat with
Vendor Complies:

-'if/),
MANUFACTURER'S NAME AND MODEL: /7)//.5.5 0'5(- H-f;l''''';CN'

DELIVERY SCHEDUI,.E:
-0&-;
,
WARRANTY: c21L /lJW~
.::?t:'cc /l.o~
/1f7.1)
M;:-S+'d.'
(l ~ B
"Ne
-1/
if 0, h g8 !is
t
GENERAL:
1.
Bid prIce shallinciuda delivery to Harrison County, MS, dealer preparation, Iltle application and State
2.
3.
Bid price shall remain valid for a period of shdy (60) dsys beginning with bid opening dats.
Bldder'l place of buolness) , the geographical location, I located aomeplace other than Harrison County,
MS), for full service, parts end the warranty shop:
~6
1./
I
.~
4.
The Counly reserves the right to Insp~ct ell malntsnance faclllUes and will take Inlo conslderallon their
IDcallon for warranty or maintenance service, tepallll and part~ availability whsn swardlng this bid.
BE SUBMITTED WITH EACH BID. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.
TECHNICAL QUESTIONS NOT ADDRESSED IN THE SPECIFicATIONS SHOULD BE SUBMITTED IN
AUTHORITY, OFFICE TELEPHONE NUMBER 1228) 898-0055.
Inspection fee.
G-U.LF&AT, ;lAS,
5.
6.
(J.<J
Nt.,; V ,s'.,3
I CERTIFY THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS THE SPECIFICATIONS
SIGNED BY (Name and Title) =;~:!:Z<,,&:..J.J..L-.ff.~0t,--:,...---u~~~----ADDRESS:
rtf', Pt'lA'
TELEPHONE:
5"7/ /d,-:',2 /bij0..j'So.,f!c J~'o//l.R[//1c

i
,{;d)/- 79'--Y'0/
FAX
/J/5, 39t,/?.c
,i,LJ/- 79'-5= 6'1.02/
PLEASE SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.
BID #4-03 TO BE OPENED FEBRUARY 27.2004
334
MINUTE Baal<
MARCH 2004 TERM
MINIMUM Specificalions and Bid Form for One or More, New, 2004 Model 4WD, 110 HP, Diesel Powered
Wheel Tractors for the Sand Beach Maintenance Department.
SPECIFICATtONS:
88 Net PTO Horsepower
Category II Three (3) Poinl Hitch
Three (3) Au.iliary Valves
540 R.P.M PTa
Clutch Type Hydraulic, Wei for PTO
52001b. Lift Capacity al Lift Point
Power Hydrostatic steering
13.6 - 24 R1 Fronl Tires
Vendor Complies ~__

Vendor Complies: ~__
Vendor Complies:
_
Vendor Complies: _~_
Vendor Complies:
_
Vendor Complies: _~_
Vendor Complies: ~__
Vendor Complies:
_
Vendor Complies:
_
Vendor Complies:
_
Vendor Complies:
Vendor Complies: - - Vendor Complies:
Vendor Complies:
_
Inslrumenls to Include:
900lbs. Of Weight Mounted on the Front 01 the Tractor
Vendor Complies:
_
CAB:
Air conditioner and Heater/Defroster, Front and Rear Wipers,
Rotating Beacon Light, Back-up Alarm, Tool Bo., Deluxe Seat with
Vendor Complies:
===
MANUFACTURl::R'S NAME AND MODEL: 7-f'::z..;.:::;:;r.'-?'::-7r::;-;-:':~-='-'--=c.,--------

DELIVERY SCHED LE:
WARRANTY: 0'1
'rYe"""'",-r.5-!'-""'-:c-r-.:.'::;-:''=:'?;~~:T-:C;-=~~~~'--'--~---:77''''---'''''''''-S'''.(1-:.IC!-=-.l-'Jh?1
GENERAL:
1.
Bid price shall include delivery to Harrison County, MS, deslet preparation, tlt'e application and State
InspectIon feo.
2.
3.
Bid price shell remain valid for a period of sixty (601 deye beginning with bid openIng dale.
Bidders place of business) , Ihe gsographlcallocatl0Q. I localed someplace olher than Harrison County,
MS), for lull.eNlc., parts and the warran shop: 1+ f , .
{).M I. AJdlt Lv,S
o,F
4.
The Counly r.SSNes Ihe rlghllo Inspec all malnlenance facilities and wllllaks Inlo consideration Ihelr
locallon for warrtmly or maintenance service. tellalril and parts availability when swardlng Ihls bid.
COMPLETE TECHNiCAL SPECIFICATIONS FOR THE EQUIPMENT BEING OFFERED MUST
BE SUBMITTED WITH EAcH BID. FAILURE TO tid SO MAY diSQUALIFY YOUR BID.
TECHNICAL QUESTIONS NOT ADDRESSED IN THE SPEciFicATIONS SHOULD BE SUBMITTED IN
WRITING, TO BE FORWARDED TO MR. ROBERT WEAVER, DIRECTOR OF THE sAND BEACH
AUTHORITY, OFFICE TELEPHONE NUMBER (228) 89S-0055. .
5,
8.
fiiS',
()
.3
iJIsJ
I CERTIFY THE EQUIPMENT at;ING OFFERED MEETS

DATE
OR EXCEEDS tHE
SPECIFICATIONS
a-d7-1'Y
VENDOR:
,rj; ;)/;;,1' ~ .
SIGNED BY (Name and Tilie)

ADDRESS:
h. .60,J
TELEPHONE:
-;'-I-''''''''=::...If-r-:.....L.I!:!I''f,o--===---'-"'~~;,....-------
I /~d
6d:/- 7f:,-: 1/5/
alai'!" J:j .;:;q:h{,

? ,
FAX
d'rd'4'5'",;;d
/)16. ,S91"7/
; )
d d- 77:.:).: .:f-(;.z /
PLEASE SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID,
BID #4-03 TO BE OPENED FEBRUARY 27, 2004
335
MINUTE BOOI{
MARCH 2004 TERM
MIIIlIMUM Specifications and Bid Form for One or More, New, 2004 Mode14WD, 110 HP, Diesel Powered
SPECIFICATIONS:

540 RPM PTa
5200lb. Lift Capacity at Lift Point
12 ~ Volt Electrical System
.l If (,
Vendor Compiles'
Vendor Complies'
.m:s:=
1="
Vendor Complies:
Vendor Complies: _, Z
Vendor Complies'
Vendor Complies:
1l
Vendor Complies: "

Vendor Complies:
Vendor Complies: ~
Vendor Complies: ~
Vendor Complies: ' '
Vendor ComplieS:.l )
Vendor Complies:
Vendor Complies: Jdr.L
..lID.J
Vendor Compiles ~

900lbs, Of Weight Mounted on the Front of the Tractor
Vendor Compllss:
CAB:
Air conditioner and Healer/Defroster, Front and Rear Wipers,
Rotallng Beacon Light, Back-Up Alarm, Tool Box, Deluxe Seat with
Safety Belts, four (4) front, and two (2) lwo rear working lights
Vendor Complies:
MANUFACTURER'S NA;W.~m
DELIVERY SCtjEDULE:
X'
WARRANTY: ~4 O)')Cl\-b) '"'-:-c:-""'-~~--""~""":c~u..>..o'-'-'--="'-'-:........L_",,""""
GENERAL:
1.
2.
3.
Bid priCe shall include delivery to Harrison County, MS, dealer preparation, title application and State
Inspection fee.
Bid price shall ramain valid for a period of sixty (60) days beginning with bid opening date.
Bidders place of business) , the geographlcallocalt0n, (if locate~ somel1Jace other than Harrison Countyl
MS), forfull service, parts;md the warranty shop: '.:1']'11
;la r0 '6"\0 (.
Q!iifpJ~l, 1'1 \
,315"1
4.
The County reserves the right to inspect all maintenance facilities and will take into consideration their
location for warranty or maintenance service, repairs and parts ava.llabUlty when awarding this bid.
5.

BE SUBMITTED WITH EAGH BID. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.
TECHNICAL QUESTIONS NOT ADDRESSED IN THE SPECIFICATIONS SHOULD BE sUBMtTTEO IN
AUTHORITY, OFFICE TELEPHONE NUMBER (228) 896-0055.
6.
! CERTIFY THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS THE SPECIFICATIONS
PLEASE SUBMIT YOUR BID ON THIS FORM FAILURE TO DO SO MAY DISQUALIFY YOUR BID
BID #403 TO BE OPENED FEBRUARY 27,2004
MINUTE BOOI<
~_~~_M_A~R_CH 2004
TERM
MINIMUM Specifications and Bid Form for One or More, New. 20()4 Model4lND. 110 HP, Diesel Powered
SPECIFICATIONS:
110 Net Flywheel Horsepower, Diesel, Waler Cooled Engine
16 Forward 116 Reverse with Two Speed Mechanical Shift Transmission
540 R.P.M PTO
52001b. Lift Capacily at Lift Point
136 - 24 R1 Front Tires
18.4 - 34 Pavl Rear Tires
Vendor COlTlplies:~
Vendor Complies: Yes
Vendor Complies: ~
Vendor Complies: ~
Vendor Complies: ~
Vendor Complies: Yes~_
Vendor Complies: ~
Vendor Complies: ~
Vendor CDmplies:~
Vendor Complies ~
Vendor Complies:~
Vendor Complies:Yes
Vendor Complies:Yes
CAB:
Air conditioner and HeaterlDefraHter, Front and Rear Wipers,
Rotating Beacon Light, BaCk-Up Alarm, Tool Box, Deluxe Seat with
Safety Belts, four (4) fronl, and two (2) two rear working lights
Vendor
Complies:~

MAN UFACTURER'S NAME AND MODEL: ~M""a,-,s"'Slfe"iy~FtJe~r~9JR!L:lB",Qn!.L5",4L!o6",Q,-__~
DELIVERY SCHEDULE: LeSS-.I:tbn.a3JoLJ1-:l5.uO-'d::tiailiJiSL~~~~
WARRANTY;
I
j''i'i'r on any maollfactlJrer's defects
BID PRICE FOR NEW EQUIPMENT -"'$3'-'9'-'.,,4"'23"',""'-"0
~~
~~
_
_
GENERAL:
Bid price shall Include delivery to HarrlQOrt County, MS, dealer preparation, title application and State
Inspection fee,
Bid price shall remain valid for a period of sixty (60) days beginning with bid opening date.
Bidders. place of business). the geographical location, (if located somBp'ace other than Hanison County,
MS), for full service, parts and the warranty shop:~5"'QC'9-"'Lum=be=JC~t"'-o"_n'_'_R,d,,"_.
~_
columbia , MS 39429
Marion County
The County resorves the right to Inspect all maintenance facilities and will take into consideration their
4.
location for warranty or maintenance service, repai", and parts availability when awarding this bid.
BE SUBMITTED WITH EACH BID_ FAILURE TO DO SO MAY DISQUALIFY YOUR 810_
TECHNICAL QUESTIONS NOT ADDRESSED IN THE SPECIFICATIONS SHOULD BE SUBMITIED IN
WRITING, TO BE FORWAROED TO MR ROBERT WEAVER, DIRECTOR OF THE SAND BEACH
AUTHORITY, OFFICE TElEPHONE NUMBER (228) 896-0055_
5.
I CERTIFY THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS THE SPECIFICATIONS
DATE:
FebnJary 20
VENDOR:
2004
IMptts Brothers Imp] ement & SIJPl)J Y Co

ADDRESS: 509
TELEPHONE
T Jlmberton
1 877
lLc~
Rd
Ca]
JJ[nbi a
Heath Lee, Salesman
M~ 39429
73Fdil5..L1~~~_ FAX
16Q1 )736-4991
PLEASE SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.
810 #4-03 TO BE OPENED FEBRUARY 27, 2004
MIN UTE S
337
MARCH 2004 TERM

6 The Board does hereby find that the bid of watts Brothers Implements & Supply
company, in the amount of THIRTY NINE THOUSAND FOUR HUNDRED TWENTY-THREE AND 101100
DOLLARS <$39,423.1OJ, Is the lowest bid meeting specifications and, therefore, the best
received for Bid #4-03, one or more new, 2004 model, 4WD, 110 HP, Diesel Powered Wheel
Tractors, and that said bid 15 reasonable and fair and should be accepted. It is, therefore,
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, that the bid
of watts Brothers Implements & supply Company be, and the same is HEREBY ACCEPTED for
Bid #4-03, one or more new, 2004 model, 4WD, 110 HP, Diesel powered Wheel Tractors, at and
for a consideration of THIRTY NINE THOUSAND FOUR HUNDRED TWENTY-THREE AND 10/100
DOLLARS ($39,423.10).
Supervisor CONNIE M. ROCKCO seconded the motion to adopt the above and
foregoing order, whereupon the question was put to a vote With the following results:
AYE
supervisor LARRY BENEFielD voted
AYE
AYE
AYE
AYE
The motion having received the affirmative vote from the majority Of the
THIS, the 8th day Of March 2004.
MIN UTE S
338
MARCH 2004 TERM
supervisor WILLIAM W. MARTIN moved adoption of the following:

ORDER APPROVINC PAYMENT APPLICATIONS. AS RECOMMENDED
BY DANIEL BOUDREAUX, COUNTY ENCINEER, AS LISTED

Board does HEREBY APPROVE payment applications, as recommended by Daniel Boudreaux,
county Engineer, as listed:

A. Application NO.19In the amount of $13,736.97 to W.L. Pilgrim construction
company for work complete to date on the Jack and Florence Project IPrudie Circle), payable
from account 310-545-907.
B. Application NO.3 in the amount of $19,002.00 to Smallwood Builders Inc, for the
District 1 Fire Station, payable from account 106250902.
C. APplication NO.4 in the amount of $47,271.00 to smallwood Builders Inc., for the
success Fire Station, payable from account 106'250-902.
foregoIng order, whereupon the question was put to a vote with the following results:
AYE
AYE
AYE
AYE
supervisor CONNIE M. ROCKeo voted
AYE
339
MINUTES
MARCH 2004 TERM

supervisor MARLIN R. LADNER moved adoption Of the following:
ORDER APPROVINO CLAIMS DOCKET FOR SERVICES PROVIDED TO
THE HARRISON COUNTY EMEROENCY COMMUNICATIONS
COMMISSION, AS APPROVED BY THE COMMISSION AT THE
FEBRUARY 19, 2004 MEETINO, AS LISTED:

Board does HEREBY APPROVE claims docket, as listed, for services provided to the Harrison
County Emergency communications Commission, as approved by the Commission at the
February 19, 2004 meeting:
al FullhOuse venture Company, L.P. in the amount of $1,054.17 for rental of the
storage warehouse for the month of January 2004, payable from 097-287-550.
b) Clifford, Harvey & culumber, P.A. in the amount of $1,617.25 for accounting
services rendered, payable from 097-287-551 .

C) Moses Engineers In the amount of $10,296.88 for services rendered for the
county-wide public safety communications system, payable from 097-287-555.
dl Dukes, Dukes, Keating & Faneca, P.A.ln the amount of $1,109.06 for legal services
provided, payable from 097-287-550.
e) Mississippi Power Company in the amount Of $10,364.64 for sub-Lease Agreement

Telecommunications Tower for Long Beach Site for the period of March 1, 2004 - February
28, 2005, payable from 097-287-530.
foregoing order, whereupon the Question was put to a vote with the following results:
AYE
AYE
AYE
AYE
AYE
340
MINUTES
MARCH 2004 TERM

supervisor CONNIE M. ROCKCD moved adoption of the following:
ORDER APPROVINC TRAVEL, AS LISTED

Board does HEREBY APPROVE travel, as listed:
Gil Bailey to attend the 2004 International EDACS Users Group Training Conference in
Vancouver, canada May 17 - 20,2004 at a projected cost of $1,950.00, payable from

097-287-475.
Supervisor MARLIN R. LADNER seconded the motion to adopt the above and
NAY
NAY
AYE
AYE
AYE
MIN UTE S
341
MARCH 2004 TERM

ORDER APPROVINC PETITION TO INCREASE THE 2003 PERSONAL
PROPERTY ROLL, AS LISTED

Board does HEREBY APPROVE petition to Increase the 2003 Personal property Roll for PPIN
#20795 Cellular Southrrelepak Tax District E.
foregoing order, whereupon the question was put to a vote With the following results:
AYE
AYE
AYE
AYE
Supervisor CONNIE M. ROCKeO voted
AYE
342
MIN UTE S
MARCH 2004 TERM

ORDER ACKNOWLEDCINC RECEIPT OF AND APPROVINC PETITIONS
FOR CHANCES TO 2003 REAL AND PERSONAL PROPERTY ROLL,
AS RECOMMENDED BY THE TAX ASSESSOR
ORDERED BY THE BOARD OF SUPERVISORS OF HARRiSON COUNTY, MISSISSIPPI, that the

Board does HEREBY ACKNOWLEDGE receipt of and approve petitions for changes to 2003 Real
and personal Property Roll, as recommended by the Tax Assessor, same being as follows:
..
...'~4 ,)
MINUTES
MARCH 2004 TERM
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347
MINUTES
MARCH 2004 TERM

supervisor LARRY BENEFIELD seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
AYE
The motion having receIved the affirmative vote from the majority of the
MIN UTE S
348
MARCH 2004 TERM

ORDER
ACCEPTINC RESICNATIONS, AS LISTED

Board does HEREBY ACCEPT resignations, as listed:
Colleen Fletcher, Skate Park, Skate Park Attendant, effective March 6, 2004.
foregoing order, whereupon the question was put to a vote with the fOllowing results:
supervisor BOBBY ElEUTERIUS voted
AYE
SupervIsor LARRY BENEFIELD voted
AYE
AYE
AYE
AYE
MIN UTE S
349
MARCH 2004 TERM

supervisor LARRY BENEFIELD moved adoption of the following:
ORDER CONCURRINC WITH COUNTY ADMINISTRATOR ON
REPLACEMENTS AND CHANGES, AS LISTED

Board does HEREBY CONCUR with county administrator on replacements and changes, as
listed:
al Rachel Jones, Justice Court, Deputy Clerk, regular full time at a rate of $735.74
bimonthly, effective 02/17/2004, replacing Carrin Johnson who was making $735.74
bimonthly.
bl Donnie Fairley, Building and Grounds, Custodian, night shift, regular full time at a
rate of $7.35 per hour, effective 03/05/2004, replacing Larry Scott who was making $8.11 per
hour.
foregoing order, whereupon the question was put to a vote with the follOWing results:
AYE
AYE
AYE
SupervisOr WILLIAM W. MARTIN voted
AYE
AYE
supervisors present, the president declared the motion carried and the order adopted .
.THIS, the 8th day of March 2004.
MIN UTE S
350
MARCH 2004 TERM

supervisor MARLIN R. LADNER moved adoption Of the following:
ORDER APPROVINC PAYMENT OF ACCIDENT RELATED CLAIMS, AS

LISTED, TO BE PAID FROM THE TORT ACCOUNT

Board does HEREBY APPROVE payment of accident related claims, as listed, to be paid from
the Tort Account:

1) $998.00 payable to Mccarty's Paint & Body Shop on claimant John Demtrakopoulos,
as recommended by Safety Officer Andy Guerra.
2) $150.00 payable to Affordable Glass on claimant Terri Bounds, as recommended by
safety Officer Richard Quave.
AYE
AYE
AYE
Supervisor WILLIAM W, MARTIN voted
AYE
AYE
The motion havIng received the affirmative vote from the majority of the
'J r.oj,)
MINUTES
MARCH 2004 TERM

Supervisor CONNIE M. ROCKCO moved adoption of tile following:
ORDER SPREADING ON THE MINUTES THE LIST OF EMERGENCY
PURCHASE ORDERS ISSUED BY THE PURCHASING DEPARTMENT
FOR THE MONTH OF FEBRUARY 2004, AND AUTHORIZING THE
NECESSARY BUDGET AMENDMENTS
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, tllat the

Board does HEREBY SPREAD ON THE MINUTES the list Of emergency purcllase orders issued by
the purchasing Department for tile month of February 20011, same being as follows:
EMERGENCY PURCHASE ORDERS ISSUED BY THE PURCHASING DEPARTMENT

FOR THE MONTH OF FEBRUARY 2004
DATE
DEPARTMENT
VENDOR
AMOUNT
12115/03 SHERIFF
RONNIE'S AUTOMOTIVE
$ 100.00
12131/03 SHERIFF
D-N-D TOWING AND STORAGE, INC.
85.00 AFTER HOURS SERVICE CALL AND

TOWING SERVICE NEEDED FOR
PATROL VEHICLE NO 158
0104/04
MITCH WILLIAMS WRECKER SERVICE
55.00 AFTER HOURS SERVICE CALL AND

PATROL VEHICLE NO. 69
01/05/04 SHERIFF
3 C'S AUTO SALES
$ 105.00
AFTER HOURS SERVICE CALL AND

01/14/04 SHERIFF
RONNIE'S AUTOMOTIVE
12500

02J/3J04
GULF COAST TOWING
205.00

12J03/03 SHERIFF
CHEVRON OF LONG BEACH
105.00

TOWING SERVICE NEEDED FOR A
DRUG SEIZURE VEHICLE
02103/04 SHERIFF
RONNIE'S AUTOMOTIVE
125.00

PATROL VEHICLE NO 133
02127/04 FAIRGROUNDS
E. A. HELWICK ELECTRONICS
337.00
AN AFTER HOURS SERVICE CALL

NEEDED ON FRIDAY FEBRUARY 20,
TO REPLACE THE TRANSFORMER
AND ADjUSTMENTS TO THE PUBLIC
ADDRESS SYSTEM USED FOR THE
"GULF COAST CLASSIC"
80.00
SERVICE CALL NEEDED TO REPAIR

THE BUILDING'S ELECTRIC LOCKS
SHERIFF
SHERIFF
I
02127/04 YOUTH DETENTION
NECAISE LOCKSMITH SERVICE
DESCRIPTION

MIN UTE S
352
MARCH 2004 TERM
It is further,
ORDERED that the court does HEREBY AUTHORIZE the necessary budget amendments.
Supervisor LARRY BENEFIELD seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
AYE
353
MINUTES
BOARD OF SUPERVISORS, HARRISOI\l COUNTY, MISSISSIPPI
MARCH 2004 TERM

supervisor LARRY BENEFIELD moved adoption of tile following:
ORDER SPREADING ON THE MINUTES THE LIST OF LOW QUOTES

APPROVED BY THE PURCHASING DEPARTMENT FOR THE MONTH
OF FEBRUARY 2004
Board does HEREBY SPREAD ON THE MINUTES tile list of low quotes approved by tile
purcllaslngDepartment for tile montll of FebrUary 2004, same being as follows:
LOW QUOTES APPROVED BY THE PURCHASING DEPARTMENT

FOR THE PERIOD OF FEBRUARY 1, 2004 THROUGH FEBRUARY 29, 2004
VENDOR
AMOUNT
DESCRIPTION
DEPARTMENT
DATE
R. R. TEAM
02103/04 CARE SAFETY, lLC
CANTEEN FUNDS
02105104 JUSTICE PACKAGING CORPORATION
$ 2,700.00 SECURITY RAZORS" FOR JAIL INMATES
CORRECTIONS
02105104 THE MERCHANTS COMPANY
ADMINISTRATION
02/05104 BILOXI PAPER COMPANY
CORRECTIONS
2,260.31
CANTEEN FUNDS
02106104 I C S
6,500.00 INMATE CLOTHING (DENIM WORK JEANS)
CORRECTIONS
3,024.30 PERISHABLE FOODS FOR THE JAIL
ROAD DEPARTMENT
02111104 LOUiS SMITH CONSTRUCTION, INC.
4,500.00 FURNISH LABOR AND MATERIALS NEEDED

TO FABRICATE AND ERECT A 22 X 24 X 14'
CANOPY OVER THE FUEL PUMPS ATTHE
LONG BEACH WORK CENTER
ESCROW FUNDS
02111104 PUCKETT RENTS
4,565.00 ONE "HONDA" 20 HP CONCRETE SAW FOR

USE AT THE D'IBERVILLE WORK CENTER
CORRECTIONS
02116/04 THE MERCHANTS COMPANY
CANTEEN fUNDS
02116104 I CS
7,500.00 INMATE CLOTHING (DENIM WORK JEANS)
CORRECTIONS
3,949.97 NON PERISHABLE fOOD FOR THE JAIL
CORRECTIONS
0211B104 MISSISSIPPI BEVERAGE SYSTEM
RECREATION FUNDS
0223104
CORRECTIONS
HOWARD SOMMER COMPANY
1,760.00 PORTABLE RADIATION DETECTORS
2,16938 JANITORIAL SUPPLIES FOR USE AT THE

JAIL AND THE WORK CENTER
PERISHABLE FOODS FOR THE JAIL
2,260.00 ASSORTED BEVERAGES AND JUICES
8,450.00 ALUMINUM BLEAC~lERS FOR USE AT JACK

& FLORENCE GOLDIN SPORTS COMPLEX
354
MINUTES
MARCH 2004 TERM

AYE
AYE
AYE
supervIsor WILLIAM W. MARTIN voted
AYE
AYE
supervisors present, the presIdent declared the motion carried and the order adopted.
The Sheriff's representative reported that 1,030 persons are currently housed In the
Harrison county Jail Facilities.
MIN UTE 5
355
MARCH 2004 TERM

ORDER AUTHORIZING RENEWAL OF THE LEXISNEXIS CONTRACT
FOR INMATE LECAL RESEARCH, AS REQUIRED BY DOJ. AT A COST
OF $1.045.00 PER MONTH, BECINNINC APRIL 1, 1004, PAYABLE
FROM 115-207-581, AND AUTHORIZING THE BOARD PRESIDENT
TO EXECUTE SAME

Board does HEREBY AUTHORIZE renewal of the Lexls Nexis contract for inmate legal research,
as required by the Department of Justice, at a cost of $1,045.00 per month, beginning April
1,1004, payable from 115-207-581.
IT IS FURTHER ORDERED that the Board President is HEREBY AUTHORIZED to execute the
following contract with lexisNexis;
356
MINUTE BOOI{
MARCH 2004 TERM
1M
LexisNexis'lr"'
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FOR STATE/LOCAL GOVERNMENT
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the Subscription Agreement (the "Agreement") previously or simultaneously executed between LN and Subscriber by adding to
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immediately following the execution of this Amendment and delivery of It to LN if SubSCriber IS an existing LN customer, and Will
continue until 03/31/2005 (the "Term")
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Each identification number will be used solely by the individual for whom it was issued and may not be used by anyone else.
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SM
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selVice or the LN Online SelVices
accessed via proprietary software (the "Classic Online SelVices"). If SubSCriber is an existing LN customer and this is a
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Beginning
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to
(c)
Beginning
to
(d)
Beginning
to
(e)
Beginning
to
----~-
$1045
~-----~
5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges speCified in Section 1 of the
Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and
Section 6 (If elected) below.
MINUTE BOOI<
357
MARCH 2004 TERM
5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to
monthly billing at the then-current standard undiscounted rates in accordance with the Price Schedule (a) selected Images
(those that include a cnarge In the Price SchedUle); (b) Dun & Bradstreet Reports, and (c) Risk Solutions.
6, ADDITIONAL CHARGES
The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred
Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date.
Subscriber will have access through the Alternate Pricing Materials at then-current undlscounted rates in accordance with the
Pric Schedule in addition to the Monthly Commitment.
--"-\"l+I.k".e...- Subscriber eletls access 10 lh. Allemale Pricing Malerlals

LOS ED OFFER
The offer of LN contained herein is valid until April 15 2004. In order to implement this Amendment by the first day of a
calendar month, LN must receive this signed Amendment by the 20th day of the preceding month
8. CONFIDENTIAL INFORMATION
Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information
of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN,
and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such
disclosure to any third person This Section 8 will survive the termination or expiration of this Amendment.
9. MISCELLANEOUS
9.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation
with the use of or charges for other billgroups.
9.2 During the Term. Subscriber may not terminate the Agreement This Amendment may be terminated by Subscriber
after the first Commitment Period on the last day of any calendar month upon at least thirty (30) days prior written notice to LN.
This Amendment may also be terminated by Subscriber on ten (10) days prior written notice to LN in the event (a) of any
increase in the Montilly Commitment, excluding any increases listed in Section 51, or (b) LN discontinues providirlg access to
a significant portion of the Matenals in the Preferred Pricing Materials or Alternate Pncing Materials that Subscriber has used
regUlarly in the ordinary course of business during the Term. To be effective, notice of termination pursuant to (a) or (b) above
must be given within ninety (90) days or the event giving rise to the termination right.
9.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY
SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE
SCHEDULE.
9.4 All capitalized terms not deFined herein will have the meanings ascribed to them In the Agreement, InclUding the Price
Schedule.
9.5 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force
and effect and unaffected by this Amendment. In the event of a conflict or Inconsistencies between the Agreement and this
Amendment, this Amendment will control. Except as set forth herein, this Amendment may not be modified or otherwise
changed unless mutually agreed to by both parties in wrrting
AGREED TO AND ACCEPTED BY:
HARRISON COUNlY BOARD OF SVPERVISORS
LexisNexis, a division of Reed Elsevier Inc.
sUBSCRIBER.
BY:
BY:
NAME:
NAME:
TITLE:
TITLE:
DATE:
DATE:
358
MIN UTE S
MARCH 2004 TERM
supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
AYE
THIS, the Bth day of March 2004.
359
MINUTES
MARCH 2004 TERM

ORDER AUTHORIZING AUCTION OF SURPLUS AND JUNK COUNTY

PROPERTY ON MAY S, 2004 AT THE HARRISON COUNTY
SHERIFF'S DEPARTMENT WORK CENTER AND AUTHORIZING
ADVERTISEMENT FOR SAME

Board does HEREBY AUTHORIZE auction of surplus and junk county property on May 8, 2004 at
the Harrison county Sheriff's Department Work center. It is further,
ORDERED that the Board does HEREBY AUTHORIZE advertisement for same. The
Sheriff's Department will present list of items to be auctioned at next meeting.
AYE
AYE
AYE
AYE
AYE
360
MINUTES
MARCH 2004 TERM

--
[lT~~~ ~)Cill~
~C~V~ ~~@QU~
~QU~QU~~(0QU~}~U~
MINUTES
361
BOARD OF SUPERVISORS. HARRISON COUNTY, MISSISSIPPI
MARCH 2004 TERM

ORDER APPROVINe: THE EMPLOYMENT OF LONe: BEACH AUTO
AUCTION TO CONDUCT THE AUCTION OF MAY S, 2004 AND
AUTHORIZINe: THE BOARD PRESIDENT TO EXECUTE THE
CONTRACT

Board does HEREBY APPROVE the employment of Long Beach Auto Auction to conduct the
auction of May 8, 2004. It Is further,
ORDERED that the Board does HEREBY AUTHORIZE the Board President to execute the
contract or agreement with Long Beach Auto Auction, which is as follows:
NG
BEACH
UTa
UCTlON, INC.
AUCTION (228) 452-2030 FAX (228) 452-9588
P.O. BOX 958 LONG BEACH, MS 39560
SALVAGE (228) 452-3279 FAX (228) 4527651

PO Drawer CC
Gulfport, MS 39502
Honorable Board of Supervisors:
This is a proposal by Long Beach Auto Auction Inc. of Long Beach, Mississippi, to
Harrison County Board of Supervisors to provide auction services as needed by the County.
Long Beach Auto Auction is bonded and licensed with the State of Mississippi as evidenced by
the copy of said license attached to this proposaL
I. Long Beach Auto Auction Inc. will provide all supplies, labor and auctioneers as
needed for the auction.
2. Long Beach Auto Auction Inc. will provide all advertisement for the auction, not
to exceed the amount set by the Harrison County Board of Supervisors. Upon
receipt of proper proof of publications, Harrison County will reimburse Long
Beach Auto Auction Inc. the cost ofpublications.
3. Harrison County will provide all sccurity needed for said auction.
4. Harrison County Board of Supervisors agrees that Long Beach Auto Auction Inc.
will rcceive ten percent (10%) of gross proceeds from said auction.
5. Long Beach Auto Auction Inc. will provide the Harrison County Board of
Supervisors with a cashier check for the total gross proceeds frolll the auction,
less the ten percent (10%) fee and cost of advertisement.
Signed this the _."_ Day of
Long Beach Auto Auction Inc.
March, 2004.
362
MINUTES
MARCH 2004 TERM
Supervisor MARLIN R. LADNER seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
AYE
363
MINUTES
BOARD OF SUPERVISORS, HARRISON COUNTY MISSISSIPPI
APRIL 2004 TERM

Supervisor LARRY BENEFIELD moved adoption of the fOllowing:
lJ_:,:
ORDER APPROVINO CLAIM.S-,o,Q.C.KS:r:.PER STATUTE

Board does HEREBY APPROVE Claims docket, per statute.
GENERAL COUNTY
BEGINNING
CLAIM
4187
ENDING
CLAIM
4426
002
SPECIAL LEVY REAPP (ESCROW)
138
149
003
EXCESS TAX BID
27
27
012
DRUG COURT
48
52
030
FEDERAL GRANT
107
111
064
HOME PROGRAM
096
REAPPRAISAL FUND
41
47
097
EMERGENCY 911 FUND
132
141
098
PORT AND HARBOR
10
12
106
VOLUNTEER FIRE
181
201
107
2% UNEMPLOY. COMPo REVOLVING FUND
109
MS DEVELOPMENT BANK
30
32
115
SHERIFF'S CANTEEN FUND
84
87
125
STATE TRIAD GRANT
44
44
127
HIe WASTEWATER FUND
16
16
150
ROAD FUND
1160
1240
156
ROAD PROTECTION FUND
287
300
160
BRIDGE & CULVERT FUND
89
93
210
GENERAL COUNTY B&/ SKG FUND
43
48
211
COAST COLISEUM DEBT
15
15
260
COUNTY PORT B&I SINK FUND
21
21
261
DEVELOPMENT COMM. DEBT
291
D'IBERVILLE TIF BOND
301
CAPITAL PROJECT ROAD FUND
30
31
303
MS DEVELOPMENT BANK S10M
51
53
306
BEACH RENOURISHMENT 2001 $7.5M
22
22
310
MS DEV BANK SSM
20
23
370
GO BONDS SERIES 1998
650
JUDICIAL ASSESSMENT CLEARING
45
46
FUND
DESCRIPTION
001
MINUTES
364
BOARD OF SUPERVISORS, HARRISON COUNTY MISSISSIPPI
APRIL 2004 TERM

655
REGIONAL AIRPORT
10
10
681
PAYROLL CLEARING
283
285
690
COMMUNITY COLLEGE MAINT/SUP
691
COMMUNITY COLLEGE SUPP/REPAIR
697
LONG BEACH WATER MGT LB DRAIN
48
57
698
D'IBERVILLE WIS DISTRICT
699
PIC HIP WATER & SEWER DISTRICT
Supervisor MARLIN R. LADNER seconded the motIon to adopt the above and
foregoing Order, whereupon the questIon was put to a vote with the fOllowing results:
AYE
AYE
supervisor MARLIN LADNER voted
AYE
AYE
supervisor CONNIE M . ROCKCO voted
ABSTAINED
The Motion having received the affirmative vote from the majority of the Supervisors
present, the President then declared the motion carried and the Order adopted.
THIS, the 8 th day of March 2004.
MIN UTE 5
365
MARCH 2004 TERM

ORDER APPROVINC PAYMENT OF CLAIMS, AS LISTED

Board does HEREBY APPROVE payment of claims, as listed:
al $4,605.09 total to DUkes, DUkes, Keating & Faneca, administrative files for Harrison
county SherIff's Department, as listed:
1. Invoice #17100,52,667.78, Administrative matters
2. Invoice #17125, $1,937.31, Civil Service Matters
bl
536,743.15 to J. O. collins Contractor, Inc., Application for payment NO.3 for
replacement of brick and windows at Biloxi courthouse, approved for payment by architect
KelealS. Hassln, JL, payable from 109151901 .

cl 52,475.00 to Debbie GrubbS for appraisal review for month of February provided
to Tax Assessor's office, approved for payment by vertna Newman, payable from
096153581.
dl 537,912.50 total to Thomas Y. Pickett & co., Inc., March billing on Valuation
contract for 2004, as listed:
1. Gaming Vessels, $19,687.50;

2. Casino/hotels, $8,437.50;
3.
Industrials, 59,787.50.
el $284,621.56 to TCB construction company, APplication for payment NO.8 for work
on Pedestrian pathway Phase II, approved for payment by Brown & Mitchell and Robert
Weaver, payable from 306 357 907; payable upon receipt of funds from MDOT.
fl
$9,600.00 to Trl-state Mapping & Appraisal Service, Inc., consultant services to Tax
Assessor's Office for month of February, approved for payment by Vertna Newman, payable
from 096 153 581.
g)
$15,039.00 to MLH, Inc., Application for Payment NO.6 for work on Phase 4
Renovations to Gulfport courthouse, approved for payment by architect Keleal S. Hassin, Jr.,
payable from 109151 902.
hI
$9,538.30 to Meadows Riley Law Firm, general County billing for month of
February 2004.
supervisor CONNIE M. ROCKCO seconded the motion to adopt the above and
3bf1
MIN UTE S
MARCH 2004 TERM

AYE
AYE
AYE
AYE
AYE
357
MINUTES
MARCH 2004 TERM

ORDER AUTHORIZINC REDEMPTIONS FOR ERRONEOUS TAX SALES,
AS LISTED

Board does HEREBY AUTHORIZE redemptions for erroneous tax sales, as listed
JOHN MCADAMS
.-
FIRST JUDICIAL DISTRICT
al $2,901.95, ParceI1010M-03-010.054, removed improvements 2002

supervisor WILLIAM W. MARTIN seconded the motIon to adopt the above and
AYE
AYE
AYE
AYE
AYE
MIN UTE 5
368
MARCH 2004 TERM

supervisor MARLIN R. LADNER moved adoption of the following:
ORDER AUTHORI21NC REFUND FOR TAXES PAID IN ERROR, AS

LISTED

Board does HEREBY AUTHORIZE refund for taxes paid in error, as listed
al
$1,287.64 to ArChie Thomas, Parcel 0313F-04-003.003; erroneously assessed with
building.
bl $570.94 to DanIel Bernhardt, Parcel 0911A-02063.035; should have been 100%
homestead exempt for 2002.
AYE
AYE
AYE
AYE
AYE
369
MINUTES
MARCH 2004 TERM

ORDER AUTHORIZINC ISSUANCE OF DUPLICATE WARRANT,
$190.00 TO DANA CRAVES D/B/A D-N-D TOWINC, PER
CERTIFICATE AND AFFIDAVIT FILED WITH THE CHANCERY CLERK

Board does HEREBY AUTHORIZE issuance of duplicate warrant, $190.00 to Dana Graves d/b/a
DN-D TowIng, per certificate and affidavit filed with the Chancery Clerk.
foregoing order, whereupon the question was putto a vote With the following results:
Supervisor BOBBY ElEUTERIUS voted
AYE
AYE
AYE
AYE
AYE
MIN UTE S
3"iO
MARCH 2004 TERM

Supervisor MARLIN R. LADNER moved adoption of the following:
ORDER APPROVINC PAYMENT OF LONC BEACH WATER
MANACEMENT DISTRICT DOCKET OF CLAIMS APPROVED AT ITS
FEBRUARY 19, 2004 MEETINC, SUBMITTED BY DUKES, DUKES,
KEATINC & FANECA, AS LISTED
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUN1Y, MISSISSIPPI, that the
Board does HEREBY APPROVE payment of Long Beach Water Management District Docket of
Claims approved at Its February 19, 2004 meeting, submitted by Dukes, DUkes, Keating &
Faneca, as listed:
a) $2,984.44 to Dukes, Dukes, Keating & Faneca
bJ $430.00 to Riddick Family Trust
cJ $22.02 to Mississippi Power
dJ $27.29 to Entex
eJ $355.00 to stewart Sneed Hewes (Mary Ladner's bondJ
f) $185.00 to stewart Sneed Hewes (David Marshall's bond)
gJ $100.00 to Stewart Sneed Hewes (Brett Mallett's bondJ
h) $40.00 to Brett Mallett
Il $40.00 to David Marshall
j) $40.00 to Mary Ladner
Supervisor CONNIE M. ROCICCO seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
AYE
supervisors present, the presIdent declared the motion carried and the order adopted.
MINUTES
371
MARCH 2004 TERM

Supervisor MARLIN R. LADNER moved adoption of the following:
ORDER APPROVING $14,661.50 TOTAL PAYMENT TO DUKES,
DUKES, KEATING & FANECA, P.A., FOR TORT LITIGATION
MATTERS, AS LISTED, FOR THE SHERIFF'S DEPARTMENT, PAYABLE
FROM THE TORT ACCOUNT

Board does HEREBY APPROVE $14,661.50 total payment to Dukes, Dukes, Keating & Faneca,
P.A., for tort litigation matters, as listed, for the Sheriff's Department, payable from the tort
account:
Baileyv. payne, Inv.17101, $111.60
Rivers v. payne, Inv. 17102, $3,321.95
watford & Lewis v. payne, Inv. 17103, $988.82

JaCkSOn v. payne, Inv.17104, $111.20
Owens v. price, Inv.17105, $190.60
Graves v. HCSD, Inv. 17106, $487.03
John E. Hilton, Inv.17107, $111.60
O'Neill v. HCSD, Inv. 17108, $162.30

Ron BUllock notice of claim, Inv.17109, $1,353.89
McGowen v. Maj. Riley, Inv. 17110, $111.20
MUllins v. Hayden, Inv.17111, $224.21
coffey v. payne, Inv.17112, $127.60
Hancock, etc. v. payne, Inv.17113, $1,948.80

Melearv. payne, inv.17114, $1,481.59
Tracy Donald Herrien notice of claim, Inv.17115, $202.60
Reid v. Riley, .Inv.17116, $112.60
Smith v. Harrison county Sheriff's Department, Inv. 17117, $191.20
Denise sailors notice of claim, Inv.17118, $258.45
Bryan O'Neal Patterson notice of Claim, Inv. 17119, $279.96
Anderson v. Sheriff, eta/., Inv.17120, $181.60
Donald Harris notice of claim, Inv. 17121, $1.321.04

Marlon waltman notice of claim, Inv.17122, $351.66
Mark Young notice Of claim, Inv. 17123, $392.14
Shavers v. Harrison county Sheriff'S Department, inv.17124, $637.86
supervisor LARRY BENEFIELD seconded tl1e motion to adopt the above and foregoing
order, whereupon the question was put to a vote with the following results:
MINUTES
MARCH 2004 TERM

AYE
AYE
AYE
AYE
AYE
MINUTES
MARCH 2004 TERM

supervisor CONNIE M. ROCKCO moved adoption of the following:
ORDER APPROVINC TOTAL PAYMENT OF $4,145.98 TO MEADOWS
RILEY LAW FIRM FOR TORT L1TICATION BILLINC FOR MONTH OF
FEBRUARY 2004, PAYABLE FROM THE TORT ACCOUNT, AS LISTED

Board does HEREBY APPROVE total payment of $4,145.98 to Meadows Riley Law Firm for tort
litigation billing for month of February 2004, payable from the tort account, as listed;
Floyd Bailey, $425.00
Robin Clark Irby, $1,246.11
Richard Bazzell, $300.00
James Crocker, $25.77
Sherry watford, $175.09
AnthOny Snoddy, $25.00

N.M. & Ann saliba, $506.11
Mark Rozell, $25.00
Racheal ponthieux, $403.80
James Melear, $309.33
Joyce Blango, $175.00

Christopher Clayton, $529.77
AYE
AYE
AYE
AYE
AYE
-rhe motion having received the affirmative vote from the majority of the
supervisors present, the president declared the motion carried and the order adopted,
374
MINUTES
MARCH 2004 TERM

Supervisor LARRY BENEFIELD moved adoptIon of the fallowing:
ORDER APPROVINO CONTRACT BY AND BETWEEN HARRISON
COUNTY AND HEALTH ASSURANCE, LLC, TO PROVIDE MEDICAL
AND MENTAL SERVICES AT THE HARRISON COUNTY ADULT
DETENTION CENTER, AND AUTHORIZINO ALL THE BOARD
MEMBERS TO EXECUTE SAME
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, that tile

Board does HEREBY APPROVE contract by and between Harrison County and Healtll Assurance,
LLC, to provide medical aM mental services at tile Harrison County Adult Detention center.
It is furtller,
ORDERED tllat the Board does HEREBY AUTHORIZE all tile Board members to execute
said contract, same being as fOllows:
AGREEMENT FOR MEDICAL AND MENTAL SERVICES

HARRISON COUNTY ADULT DETENTION C~NTER
This MEDICAL SERVICES AGREEMENT (this "Agreement"), made and

entered into as the
day of
, 2004, by and between
HEALTH ASSURANCE, LLC (HALLC), a Limited Liability Company formed
under the laws of the State of Mississippi, and THE COUNTY OF
HARRISON, MISSISSIPPI, as follows~
WITNESSETH:
WHEREAS, The Sheriff of Harrison County is required to

provide medical assistance to persons confined in the Harrison
County Adult Detention Center in accordance with Section 47-1-57
of the Mississippi Code of 1972; and
WHEREAS, if the inmate is unable to pay the cost of medical
treatment the cost shall be paid out of the treasury of Harrison
County in accordance with said statute; and
WHEREAS, Section 47-1-57 of the Mississippi Code of 1972

Annotated authorizes the Harrison County Board of Supervisors to
enter into a service contract with a physician and/or health care
group for the jail; and
WHEREAS, Harrison County desires to enter into a service
agreement with HALLC, whereby HALLC is compensated in return for
providing medical, mental and dental care to the inmates in the
Harrison County Adult Detention Center; and
WHEREAS, HALLC desires to enter into such a service
. Agreement;
NOW, THEREFORE, in consideration of the mutual promises of
the parties hereto, and of the mutual covenants and conditions
hereinafter expressed, the parties hereto covenant, each with the
other as follows:
MINUTES
MARCH 2004 TERM
I
I.
MANDATORY REQUIREMENTS
For and in consideration of the sum of money set forth

herein, HALLe contracts and agrees to perform the following
mandatory requirements:
Inmate Health Care Program for the Harrison County Adult

Detention Facility --"~nimum Qualification for all
Proposers."
For all health care services, the Medical Director or

Program Administrator will identify the need, schedule, and
coordinate the health care services for:
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
375
All physitian services, supporting diagnostic

examinations, follow up for health problems identified
by screening or laboratory tests, non-emergency and
emergency medical care rendered to inmates inside and
outside the Harrison County Adult Detention Facility
Inpatient hospitalization or offsite speciality service
for any inmate at the Harrison County Adult Detention
Facility
ProViding a responsible physician who will conduct sick
call and provide an on call physician or a designee
seven days per week, twenty four hours per day for
emergency situations
Psychiatric, psychological and counseling services for
any inmates inside the Harrison County Adult Detention
Facility
Providing a total pharmaceutical system for the
Harrison County Adult Detention Facility
Providing a medical detoxification program for drug
and/or alcohol addicted inmates,
Providing all equipment with the exception of capital
outlay equipment
Providing all medical supplies
PrOViding consultation services to the Sheriff and
Director of Corrections on any and all aspects of the
health care delivery system at the Harrison County
Adult Detention Facility
Providing a centralized billing system for health care
providers
Administer emergency medical care to any employee or
visitor at the Harrison County Adult Detention Facility
who requires such care.
MINUTES
MARCH 2004 TERM
Initial medical assessment
Within twenty-four hours of arrival, all new inmates at the

Harrison County Adult Detention Facility will receive an
initial medical, oral and psychological screening. A
standard form to record findings of the initial screening
and evaluation will be utilized.
The form is placed in the
patient's medical file.
At a minimum, initial screenings
will include:
Documentation of current illnesses and health problems,
including medications taken, and special health
requirements.
Behavior observations, including state of consciousness,

mental status, and whether the inmate is under the influence
of drugs or alcohol.
Notation of body deformities, trauma markings, bruises, ease
of movement, etc.
COnditions of skin including infestations.
Referral of the inmate for special housing, emergency health

services, or additional medical specialities will be made as
needed.
Full health assessment
A comprehensive physical and psychological evaluation will

be completed on any inmate confined at
Harrison County
Adult Detention Facility
within fourteen days of arrival
at the facility.
The examination will conform to national
medical standards, and be performed by a qualified medical
professional. At a minimum, the comprehensive evaluation"
will include:
Review of the receiving screening results by the Medical

Director or the responsible physician
Collection of additional data to complete the medical,
dental and psychological histories
Review of immunization history and update scheduled as
needed Laboratory and/or diagnostic tests (as determined by
the responsible physician) to detect diseases, the
assessment will include:
MINUTES
MARCH 2004 TERM
I
A.
B.
C.
D.
E.
r.
G.
H.
J.
TB testing
Sexually transmitted diseases testing including HIV
Full blood work up
Dental examination
Vision examination
Recording of height, weight, blood pressure and
temperature
Full health assessment (continued)
I.
Other tests and examinations as appropriate

Medical (including gynecological assessments of
females) with appropriate comments
Review of the results of the medical examination and
tests, and identification of problems by physician
Obstetrical follow-up
The psychological screening will include an interview

~onducted by the appropriate staff in which inquiries into
the items listed below are made:
a.
History of psychiatric hospitalization and outpatient
treatment
b.
Family history
c.
Current psychotropic medications
a.
Suicidal ideation and suicidal behavior
a.
Drug usage
f.
Alcohol usage
g.
History of sex offenses
a.
History of outwardly violent behavior
i.
History of victimization or abuse
a.
Special education placement
a.
History of cerebral trauma and seizures
1.
Emotional response to detainment
Full health assessment (continued)
Primary medical services will consist of

a.
Admission evaluation
b.
Medical screening and examination
c.
Preventive care
d.
Medical clearances for intra & inter - agency transfer
e.
Medical clearance for work assignments
f.
Continuing care of identified medical problems
377
378
MINUTES
MARCH 2004 TERM
g.
Detoxification and drug rehabilitation services-HALLC

will provide an on-site detoxification program for the
management of chemically dependent or intoxicated
inmates. The program will provide for:
Identifications of inmates in need of detoxification
Comprehensive treatment plan
Separation from general population
Supervision and monitoring
Hospitalizations for severe cases
HALLe will maintain a comprehensive health care record that

at a minimum will include the f"ollowing:
a.
Complete receiving
b.
Health assessment data forms
c.
Master problem list
a.
All findings, diagnoses, treatments, and
dispositions
a.
Prescribed medication and their administration
a.
Reports of laboratory, x-ray and diagnostic
studies
a.
Signature and title of each documenter
a.
Consent and refusal forms when applicable
i.
Release of information forms when applicable
a.
Place, date and time of health encounter
a.
Discharge summary of hospitalizations
Full health assessmentfcontinued)
Mental Health Program

HALLC understands there is a need for a strong mental health
program in every inmate detention facility. As part of the
initial screening process and follow up history mental
health questions are included to identify patients with
gross mental abnormalities who are in need of immediate care
and treatment.
The evaluation is performed by a qualified
mental health professional.
1.
Intake Procedures
HALLe will coordinate a separate mental health
screening and evaluation process with the appropriate
personnel for all new admissions no later than fourteen
days after admission to the Harrison County Adult
Detention Facility.
This process is designed to
identify level of functioning and to uncover less
obvious mental conditions.
This process helps to
determine appropriate housing and program assignments
5
MINUTES
MARCH 2004 TERM
I
for mentally challenged offenders.
Each individual
identified will be provided a treatment plan which
specifies the frequency and extent of follow up care as
well as the level of services.
The mental health evaluation will include a structured
interview by a mental health worker and testing of
intelligence for mental retardation.
HALLe will work
with psychiatrists or clinical psychologists in
developing the screening instruments to be used for
mental health evaluations, training mental health
workers in the applicati~n of these instruments and in
drafting guidelines for referrals of patients.
Psychiatrists and/or clinical psychologists will be
utilized to provide in-depth work-Ups and development
of appropriate treatment plans and conduct psychiatric
evaluations with psychological and/or behavioral
problems.
Other mental health professionals will be
utilized to carry out other aspects of the mental
health program.
A license psychiatrist will be
available for counseling, prescribing psychotropic
medications and appropriate monitoring.
I
2.
Outpatient Treatment
HALLC enSUreS that each inmate has a range of
mental
health care services as is provided in the community.
Services may include individual counseling, group
counseling, psychiatric and psychological
consultations, medication monitoring and periodic re~
evaluation of the effectiveness of the treatment.
The
preferred treatment utilized by HALLC is supportive
counseling, since inmates with more serious mental
health problems do not function well when placed in the
general population.
Supportive counseling often
provides an avenue for inmates to alleviate anxiety,
assist in their adjustment to a confined life and help
them plan for the future.
Full health aseessment(continuedl
3.
379
Intervention
Intervention in emergencies for short term care for
inmates in acute mental distress requires an immediate
response.
HALLe has experienced that some inmates need
short term supportive counseling for less serious
although traumatic state.
Those inmates who have major
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MARCH 2004 TERM
psychiatric emergency episodes are referred to

appropriate staff and facilities for care.
Psychiatric emergencies are handled as followed:
1.
Identified one or more hospital emergency
department to which inmates will be transferred
2.
On site records which include the name and number
of the physician who is one call 24 hour per day
is provided
3.
Arrangements are specified, which include the
security procedures
4.
The mode of transportation identified
1.
Special Services
HALLe is keenly aware that often the disorganized
or/and dangerous behavior on the part of mentally ill
inmates justify the use of short term seclusion,
restraining or psychotropic medication.
HALLe works
closely with the facility in regard to policies and
procedure as well as state laws in ensuring the proper
health standards for these individuals.
HALLC is
knowledgeable about the applicable state laws and
regulations governing seclusion. restrain and forced
psychotropic medication.
HALLC will not participate in
forensic mental health evaluations.
In regarding the
aforementioned special services the following
procedures are utilized:
Prohibit the use of these mental health concerns
for punishment
Require the authorization only by a physician
and/or clinician where specified by law
Define the critical criteria for use in medically
necessary situations
Limit the time and frequency of use of extreme
measures
Specific health care staff responsibilities for
monitoring patients
Train appropriate personnel to ensure that they
are familiar with specific policies and
procedures
MINUTES
MARCH 2004 TERM
I
Basic Ambulatory Care
Intake Procedures
certain basic health information is to be gathered on

each new inmate immediately upon admission to the
system, inmates reentering the systenl, and inmates on
extended furlough.
A qualified health professional
will observe and interview every inmate during the
screening process within a designated time frame as
determined by the facility and HALLe.
The intent is
to gather enough information to ensure continuity of
health care and to prevent avoidable health
contingencies. The result of the screening process is
recorded on a standardized form and placed in each
inmate's medical record.
If an inmate is transferred
within the same system, the health record must
accompany the patient upon transfer.
Upon admission
the health information will be reviewed for completion
and the following applicable steps will be taken, i.e.,
chart review, continuation of medications.
An annual
review will be performed on each patient'S chart and a
tuberculin skin test will be administered.
Screening Process at a minimum will include:
Inquiry into current illnesses, health
problems, and conditions
Observation of behavior which includes state
of consciousness, mental status, appearance,
conduct, tremors, sweating, bodily
deformities, movement, and conditions of the
skin.
Tuberculosis test
Notation of the disposition of the inmate
After a predetermined time period a more detailed
health appraisal which includes history and examination
will be. provided to each inmate.
The physical
examination will complete the health appraisal data
collection.
Health appraisal data is recorded on a
standardized form and placed in each inmate's medical
record.
Detailed data intake
Reviewing the screening process
12.
Gathering pertinent additional data,
i.e., medical, dental, mental histories
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MIN UTE S
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MARCH 2004 TERM
3.
4.
5.
6.
7.
Solicit information regarding past

illnesses hospitalizations, current
health complaints, medications and
treatments
Reviewing family history of certain
genetic linked diseases
Reviewing immunization status
Reviewing allergies
Include any information that was not
obtain during the screening process
Sick Call
The sick call process is the core to any efficient health
delivery system. The facility and the health care providers
should review the present mechanism in place to ensure that
all inmates can request health services daily.
The access
to health care is directly controlled by HALLe to ensure
that all written requests are received daily and a
determination can be made regarding the appropriate
disposition.
HALLC is obligated as a professional health
care provider to see every patient who requests care.
Inmates are to be notified in a reasonable period of time
(predetermined time) concerning their requests for health
care. All requests for non-emergency care are processed
within 24 hours and are scheduled for sick call within the
next 24 hours.
The intake personnel usually sees the inmate
first to gather basic information, take vital signs and/or
provide care within the scope of their licenses.
This
review determines the inmates needs which may include
referrals to other physicians and/or another clinician.
No Shows:
HALLe realizes that some medical complaints and illnesses
have a limited course and may resolve on their own.
No
shows provide several problems for health care providers.
No shows reduce the efficiency of the health unit and
inmates who need health care services may not receive them.
Those inmates who do not show up for their sick call or
appointments are handled as follows:
1.
2.
The inmate may indicate through oral/written

communication of their not being able to attend the
scheduled appointment.
Critical and/or chronic disease inmates who do not
show are reported to the Harrison County Adult
Detention Facility health staff to determine why the
appointment was missed.
9
MINUTES
MARCH 2004 TERM
I
1.
All missed appointments are followed up to ensure that

their access to care is not barred.
Chronic Illness
HALLC has defined a chronic health problem as an illness

which is either ongoing or recurring, i.e., asthma,
diabetes, hypertension, etc.
To provide an effective and
efficient health care delivery system for chronic ill
patients,
HALLC:
1.
2.
Identifies the number of inmates with specific chronic

conditions
Individual treatment plans are developed or reviewed
for each of these patients which includes
instructions regarding medications
special therapies
exercise
diet
the type and frequency of laboratory
other diagnostic testing
frequencies of follow up for reevaluation of
the patient's condition; and
adjustment of the treatment plan as needed.
Chronic clinics are established to enable patients to have

scheduled visits to the health care provider.
Educating the
patient to understand the seriousness of their conditions
can Create a more workable outcome for both the health care
provider and the patient. Counseling and self-care
instructions are given to these inmates to assist them while
detained and upon their return to the community which is
documented in the patient's medical record.
Pharmaceutical Services
HALLC will comply with all applicable state, federal
regulations, and ACA standards regarding prescribing,
dispensing, administering, and procuring pharmaceuticals.
Procedures will define timely procurement, dispensing,
distribution, accounting, and disposal of pharmaceuticals.
Records will be maintain to ensure adequate control of and
accountability for all medications. Inmates will not
prepare, dispense, or administer medication except for selfmedication programs approved by Harrison County Adult
Detention Center and HALLC.
383
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Drug storage and medication will not contain any outdated,

discontinued, or recalled medications. All medications will
be stored under proper conditions of sanitation,
temperature, light, moisture, ventilation, segregation, and
security.
Antiseptics, other medications for eKternal use,
and disinfectants will be stored separately from internal
and injectable medications.
An adequate and proper supply
of antidotes and other emergency medications, and related
information will be readily available to health care staff.
Prescription medications are administered or delivered to
the inmate only upon the order of a physician, dentist, or
other legally authorized individual.
HALLC will determine
the prescriptive practices for the facilities.
Medications
are prescribed only when clinically indicated and will be
documented by a form approved by the Medical Director of
HALLe. HALLC will work with pharmaceutical companies to
assure the lowest possible pharmaceutical cost.
Medication Distribution
HALLC utilizes the system of b.i.d. where medication is
distributed twice a day, 365 days per year.
However some
medications are distributed three or four times a day as
ordered.
The procedures are:
Medications are only dispensed by licensed individuals
Each prescription is labeled in accordance with
applicable regulations with the following information:
-date
-pharmacyprescription number
-patient name
-name of the drug
-strength
-amount dispensed
-directions to the patient for use
-prescriber name
-other pertinent information
Health personnel who have been trained and/or licensed
can only pass medications
Administration of medications or their refusal is
recorded on the inmate's log
Inmates on abusable medications are observed to ensure
that the medications are taken and not hoarded.
11
MINUTES
MARCH 2004 TERM
I
Speciality Care
Prior to providing services HALLC will determine what

speciality services can be provided outside the facilities
and obtain consultant and/or contracts from the providers to
effectuate services to the inmates.
HALLC will require each
off site care speciality provider to provide copies and/or
evidence of continued licensure.
HALLC uses both a referral
form and/or communication to the off site health care
provider. All specialists are oriented to the correctional
environment and to the institution's security regulations
and health services policies and procedures.
Providing on site and/or off site speciality care is
dependent on the inmate's health care needs.
The number of
inmates who are requiring each type of speciality care will
determine which speciality care services should be provided
within the facilities and which should be provided at off
site locations.
Speciality care is defined by the
willingness of these providers to treat inmates and the
existence of the required equipment.
The most preferred
option to be utilized by HALLC is to provide speciality care
on site at the facilities, which avoid the added security
risk of transporting inmates and the added costs of custody
time and transportation costs.
Inpatient Care
Inpatient services may be required by inmates at any given

time.
HALLC has determined that there are four levels of
in~house inpatient beds in any facility, sheltered housing,
extended care, skilled nursing care, and observation. The
number of beds required depends on the type of inpatient
service required, which cannot be predetermined.
Sheltered housing is designed for inmates who need a more
protective environment but do no require 24 hours per day
nursing care. Often this facility is not a special
facility.
These patients are those who might be restricted
in some of their activities but who could care for
themselves.
Extended care is for those inmates who might be terminally
ill, mobility impaired individuals and those who may be in
the latter stages of chronic diseases.
Terminally ill
patients need daily medications and/or therapy and
assistance in performing basic functions.
Skilled nursing care patients are those individuals who need
daily nurse care at a higher level and for a shorter
duration than the extended care patients.
Both extended
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MIN UTE S
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MARCH 2004 TERM
care and skilled nursing patients are treated in an

infirmary setting.
HAL~C insures that at a minium the
following procedures are in operation in the infirmary
setting.
Defined scope of services to be provided
Physician is on call 24 hours per day and see
patients as required by the severity of their
illnesses
Registered nurse who provides daily supervision
Appropriate personnel on duty 24 hours per day,
seven days per week, who make rounds at least once
per shift and more often as required by patients'
need and physicians' orders.
Health staff member within the patients sight or
hearing
Nursing care procedures that are written
Inpatient records that are complete and
The physicians or other authorized health
professional can only admit or discharge a patient
from the infirmary.
HALLC ensures that written agreements and arrangements are
provided before the inception of any agreement with the
facility.
Any hospital utilized by HALLC must meet the
criteria for licensure and other regulations governing
hospitals in the state and should be accredited by a state
agency or the JCAHO.
Procedures for transporting inmates
off site is coordinated with the facility and HALLC.
A
hospital discharge summary should be returned with the
inmates on their return to the facility which notes the
care that was provided and should include instructions for
follow up care.
Staffing
HALLC agrees it will staff the Harrison County Adult

Detention Center with full and part time medical care
providers pursuant to the American Correctional Association
(ACA).
HALLC agrees to provide the following:
1.
2.
3.
Health Service Admini.strator - 40 hrs. per week

Physician - Five (5) days at approximately 4 hrs. per
week
Psychiatrist - 4 hrs. per week
13
387
MINUTES
MARCH 2004 TERM
I
4.
Nursing Staff:
a) Day Shift - 7:00 a.m. - 3:00 p.m.
2 LPNS/lRN
b) Afternoon Shift - 3:00 p.m. - 11:00 p.m.
2LPNS/lRN
c) Graveyard Shift ~ 11:00 p.m. - 7:00 a.m.

1 LPN/1 Nurses Assistant
Emergency CarEl
HALLe work& closely with each facility to ensure that a plan

is in place for responding to medical emergencies.
Each
plan will include:
1.
2.
3.
4.
Dneor more hospital emergency department to which

inmates will be transferred
The name and number of the physician who is on call 24
hours per day is provided
Arrangements are specified, which include the security
procedures
HALLC coordinates with personnel in the facility ensuring

that all staff, who work with inmates are currently trained
in cardiopulmonary resuscitation(CPR).
HALLe will further
work with appropriate personnel to have drills of simulated
medical emergencies at the facility .
Female Services
HALLe recognizes that the number of female inmates is large

and is growing annually, and presents unique and increasing
health problems for correctional facilities.
The
circumstances and needs of incarcerated females are unique;
thus, the need to provide specialized treatment to this
population must be provided.
Studies show that incarcerated
females utilize health care services much more than males
and the reasons for this increased utilization include a
female's more complicated reproductive system, sexually
transmitted diseases, and pregnancies.
Upon entry into
corrections, females report problems with alcohol abuse,
headaches, fatigue, drug abuse, and sexually transmitted
diseases.
Further, it has been estimated that 10 percent of
14
MIN UTE S
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MARCH 2004 TERM
females entering correctional facilities are noted to have

psychiatric problems with depression being the most common
diagnostic category.
From 40 to 60 percent of the females in prisons and jails
have reported they had been previously sexually or
physically abused.
Such experiences can lead to life long
psychological problems ranging from depressive disorders,
stress disorders, anxiety disorders, substance abuse,
behavioral disorder of violence and impulsivity, and
learning problems In recognition of the high risk nature of
correctional pregnancies, inmates remaining in Harrison
County Adult Detention Center facilities after pregnancy
will receive regular prenatal and postnatal care, including
medical examinations, appropriate activity levels, safety
precautions, nutrition, guidance, and counseling.
Inmates will receive recognized community standards for
female health services as promoted by standards set by the
AMA and American College of OB/GYN.
Intake procedures will
include histories on menstrual cycle, pregnancies,
gynecologic problems, and nutritional intake.
The intake
examinations will include a breast exam and, depending on
the patient's age, sexual history, and past medical history,
a pelvic exam, and pap smear.
Femala Services (continued)

HALLe will provide laboratory tests to detect sexually
transmitted diseases and pregnancy test on admission to the
facility_
The frequency of repeating certain tests, exams,
and procedures will be based on guidelines developed by
professional groups such as the American Cancer Society and
the American College of Obstetrician and Gynecologists,. and
will take into account age and risk factors of the female
residents at Harrison County Adult Detention Center.
Laboratory Servicas
HALLC shall provide routine laboratory/diagnostic services.
All on-site qualified health care professional staff shall
be trained in the collection and preparation of laboratory
specimens.
On-site diagnostic services with immediate
results will include: finger stick blood glucose testing,
urine analysis dip stick, urine analysis pregnancy test,
rapid strep test, guaiac stool test and peak flow testing.
The medical director and/or designee shall review all
15
MINUTES
MARCH 2004 TERM
I
routine laboratory results. timely to ensure proper
treatment and follow up care.
Infect~on
Control Program
The infection control program will provide knowledge and

supplies that will help in maintaining an environment that
reduces unnecessary exposure to infections and communicable
diseases for inmate, security and healthcare staff .
Infection control will follow the guidelines and
recommendations of Centers for Disease Control, Occupational,
Health and Safety Administration and other pertinent
documents related to infection control. All reports will be
completed and filed consistent with local, state and federal
laws and regulations.
Annual statistics will be maintained
by monthly completion of Infectious Disease Report.
The
Medical Director will implement the standards regarding
employee safety.
'
HALLe will implement an Infection Control Committee which
will be a subcommittee of the Quality Assurance Program who
will meet quarterly to review and discuss infection control
policies and procedures. Written reports will identify
reportable diseases. outbreaks or occurrences of special
infectious diseases and problem solving opportunities.
The
Infection Control Committee will monitor employee knowledge
of Infection Control and Exposure Control annually on a
formal basis. more often if problems are identified.
The
following matters will be considered:
1.
2.
3.
4.
Concurrent surveillance of patients and staff

Prevention techniques
Strict adherence to universal precautions
Treatment and reporting of infections
RiBk Management
389
The primary goal of HALLe's risk management program is to

prevent injuries, accidents, and loss, reduce such
occurrences, and/or minimize the loss or injury incurred.
All occurrences will b~ forwarded to the Quality Assurance
Committee for review and follow-up.
The review will
consists of assessment of factors. evaluation of any
intervening factors and assessment of outcome and loss
The
Medical Director will ensure that training and prevent ve
measures will be incorporated to eliminate or control eal
or potential risks in the clinical setting.
16
390
MINUTES
MARCH 2004 TERM
The Medical Director may resolve risk management problems

by:
1.
Providing education and training to medical staff
or counsel staff as needed
2.
Systems problems will be corrununicated to Harrison
County Adult Detention Center
3.
Problems will be forward to the Quality Assurance
Committee for review and follow-up
4.
Inappropriate behavior problems by HALLC personnel
will be handled through individual counseling or
disciplinary measures
Job Description of the Individual who will be the on site
Program Administrator
Characteristics of Work
Serves as the administrative and programmatic leader at the
Harrison County Aduit Detention ~acility for HALLC.
Under
general administrative direction of the Chief Executive
Director of HALLC, represents HALLe before public and
professional bodies in matters relating to correctional
health.
Supervises the on site health care services.
Directs the development of rules, regulations, and
performance of medical staff.
The Program Administrator
identifies issues needing policy resolution.
Internal and
external contacts are made by the employee to exchange
information, coordinate activities, and provide guidance and
assistance.
Work is reviewed frequently by upper management
of HALLC.
Examples of Work
The following are examples of work performed and are not
intended to reflect the essential functions of anyone
positions.
The essential functions of each individual
position are determined and maintained by each correctional
facility.
Interprets statutes, rules and regulations governing the

facility over which administrative supervision is exercised.
Directs the preparation, coordination and implementation of
the health care services.
Exercises control of facility directed funds and identifies
special needs for budgetary purposes.
17
391
MINUTES
MARCH 2004 TERM
I
Ensures compliance and development of rules and regulations
Reports findings of reviews and recommendations to
management of HALLC and the Director of the Correctional
Facility.
Monitors quality assurance activities to ensure compliance
with state and federal rules and regulations .
Directs subordinate staff by assigning duties, evaluating

work performance and instructing in work methods.
Serves as liaison with other regulatory and enforcement
agencies.
Compiles annual, special and other reports relative to
agency activities.
Related or similar duties are performed as required or
assigned.
II.
OBJECTIVES
To deliver high quality health care services that can be

audited against established standards.
The "physician principals of Health Assurance, LLC are the
only physicians in Mississippi who have distinguished
themselves by the National Commission on Correctional
Healthcare as Certified Correctional Healthcare Providers .
This certification assures that the facility will have a
system of accountability that guarantees an inmate's access
to appropriate health services.
The Community standard for
the primary care physician is to take the responsibility for
directing primary and specialty care for patients within our
health system.
Health Assurance, L. L.C. physician
principals are primary care physicians with Masters Degrees
in Public Health.
Thus HALLe can uniquely provide your
organization with a "Responsible Health Authority" that
closely resembles this community standard.
2.
To operate the health care program in a cost-effective

manner with full reporting and accountability.
All claims are sent by the prOViders of service to HALLC
Claims Processing Department.
The individual facilities and
the providers of service will send all billing process
18
MINUTES
392
MARCH 2004 TERM
claims to this department.

Upon receipt the claim is
validated for processing.
Process validation is the
evaluation and adjudication of provider bills for
appropriateness of reimbursement relative to medical
necessity and prevailing rates of reimbursement, duplicate
charges, unbundling of charges, relativeness of services to
injury or illness, necessity of assistant surgeons,
adjudication of multiple procedures, number of modalities,
global procedures, and any other prevailing adjudication
issues that may apply. In addition an assessment is made for
the utilization review authorization.
Our utilization review/patient management staff uses
nationally recognized guidelines and resources. The
philosophy of HALLC utilization review team is to determine
the medical necessity and appropriateness of a requested
service, procedure, or hospital admission prior to the
event.
HALLCs' program will assist inmates in the Harrison
County Adult detention racility in receiving appropriate
health care and in maximizing coverage for those health care
services.
HALLCs' utilization management is a comprehensive
set of integrated components including: pre-certification
review, admission review, continued stay review,
retrospective review, discharge planning, bill screening and
individual medical case management as required. Only the
medical director will make decisions denying coverage for
medic~l services for reasons of medical necessity.
HALLC utilization review is to safeguard against unnecessary
and inappropriate medical care rendered to inmates. Medical
services and/or records will be reviewed for medical
necessity, quality of care, appropriateness of place of
service and length of stay (inpatient hospital).
HALLC
utilizes highly skilled Nurse Coordinators and Physicians
who conduct professional and timely reviews using
standardized medical research data from across the country
to make fair and reasonable decisions on behalf of the
Harrison County Adult Detention Facility.
Detail audits
will be done on all claims to ensure that claims are not
overstated.
Utilization reviews consist of:
Inpatient Hospital Precertification,

Concurrent & Retrospective Review
Inpatient Chemical Dependency/Behavioral Health
Review
Outpatient Surgical Procedures
Specific Outpatient Procedures
19
MINUTES
MARCH 2004 TERM
I
The
1.
2.
393
utiliz~tion
review produces two benefits:
The ability to monitor and assure that necessary

medical services were given
The patient had achieved expected outcomes on a
periodic basis.
HALLC will further evaluate the infirmary, to ensure that

the infirmary is utilized in lieu of hospitalization and
second opinions will be conducted for elective
hospitalization and procedures.
3.
To operate the health care program at full staffing and use

only Mississippi licensed certified and professional trained
personnel.
HALLe has proposed a combination of administrative and
clinical leadership to head our management team for the
Harrison County Adult Detention Facility contract.
Carl
Reddix, MD(Dr. C. Reddix) will be the individual primarily
responsible for the administrative responsiveness and cost
accountability to the Harrison County Adult Detention
Facility.
Dr. C. Reddix is the Chief Executive Officer of
Health Assurance, L.L.C.
Presently, Dr. C. Reddix is the
Staff Physician at Hinds County Detention Center, Raymond,
MS, the Director of Jackson Hinds Comprehensive Health
Center, Women Health Services and President of
Reddix
Medical Group. Dr. C. Reddix received his Medical Doctorate,
in 1985, from Tufts University, School of Medicine, Boston,
MA and his Master of Public Health in 1984 from Harvard
University, School of Public Health, Boston, MA.
Our proposed Medical Director, Michael Reddix, MO(Or. M.
Reddix) is responsible for the oversight of the clinical
aspects of our program, supervision of individual physicians
and nursing providers will deal directly with Harrison
County Adult Detention Facility on any clinical issues that
may arise. Dr. M. Reddix is extremely familiar with this
type of health care system as he worked as the Medical
Director for Reddix Medical Group, Hinds County Detention
Center, Raymond, MS, Mississippi Methodist Rehabilitation
Home Health (1991-1997) and Bienville Medical Group,
Inc. (1991-1997).
Dr. M. Reddix received his Medical
Doctorate in 1984 from Tufts University, School of Medicine,
Boston, MA and his Master Public Health in 1984 from Harvard
University School of Public Health, Boston, MA.
20
MIN UTE S
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MARCH 2004 TERM
Credentialing
HALLe will ensure that all health care personnel who provide
services to Harrison County Adult Detention Facility are
appropriately credentialed according to the licensure,
certification, and registration requirements of the State of
Mississippi.
Health providers will not perform tasks beyond
those permitted by their credentials.
HALLe will maintain
verification of current credentials for all professionals at
their corporate site and will provide documentation upon
request.
HALLC will provide written job descriptions
defining the specific duties and responsibilities of health
care professionals who will provide health care services to
Harrison County Adult Detention Facility.
4.
To implement a written health care plan with clear

objectives, policies and procedures and annual evaluation of
compl iance.
5.
To operate the health care program by standards established

by the National Commission on Correctional Health Care
(NCCHe)
6.
To maintain an open and cooperative relationship with the

administration and staff of the Harrison County Adult
Detention Facility.
HALLCS' position with the Harrison County Adult Detention
Facility will be based on an open line of communication with
a two-way exchange of information.
We will be forthright in
identifying any problems within our own program and will
work diligently to correct and/or alleviate any problems.
HALLC believes that the sharing of information, both
positive and negative, is critical to the maintenance of a
successful relationship. Our experience in contractual
health care has confirmed our belief that we should remain
fully cognizant of issues related to the health services
program, in order to remain proactive and accountable in
addressing deficiencies or problems as they arise.
HALLC has proposed a combination of administrative and
contract.
Carl Reddix, MD(Dr. C. Reddix} will be the
individual primarily responsible for the administrative
responsiveness and cost accountability to the Harrison
County Adult Detention Facility.
Dr. C. Reddix is the Chief
Executive Officer of Health Assurance, L.L.C.
Presently,
Dr. C. Reddix is the Staff Physician at Hinds County
21
MIN UTE 5
MARCH 2004 TERM
I
Detention Center, Raymond, MS, the Director of Jackson Hinds
Comprehensive Health Center, Women Health Services and
President of Heddix Medical Group. Dr. C. Reddix received
his Medical Doctorate, in 1985 from Tufts University, School
of Medicine, Boston, MA and his Master Public Health in
1984 from Harvard University, School of Public Health,
Boston, MA.
Our proposed Medical Director, Michael Reddix, MD(Dr. M.

aspects of our program, supervise individual physicians and
nursing providers (See Attachment #4 for Sample Schedule) and
deal directly with Harrison County Adult Detention Facility
on any clinical issues that may arise Dr. M. Heddix is
extremely familiar with this type of health care system as
he worked as the Medical Director for Reddix Medical Group,
Hinds County Detention Center, Raymond, MS, Mississippi
Methodist Rehabilitation Home Health (1991-1997) and
Bienville Medical Group, Inc. (1991-1997).
Dr. M. Reddix
received his Medical Doctorate in 1984 from Tufts
University,
School of Medicine, Boston, MA and his Master
Public Health in 1984 from Harvard University School of
Public Health, Boston, MA.
Nonthly Review
HALLC will provide monthly communication between the

Harrison County Adult Detention Facility and HALLC
administration to identify health services operational
concerns and share information.
All meetings will follow an
agenda and provide briefings from the previous meetings .
Neetings held will be established on a mutually agreeable
day and time.
Statistical reports will be provided at each
meetings.
The report will include, but not be limited to:
number of inmates receiving health services by category of
care (i.e., operative procedure, medication utilization
referral for outside procedures, etc.)_
Annual Report
The annual report will provide a summary of health care
statistics to HALLC administrative staff and the Harrison
County Adult Detention Facility.
The primary purpose of
the report is to gather and report statistics of provided
health care services to identify trends in health services
usage. The following information on the report will include
but not be limited to:
395
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396
MINUTES
MARCH 2004 TERM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
7.
Clinical Visits
Segregation Visits
Mental Health Referrals
Dental Visits
Inta ke Screening
Community VisitS-Referral
Chronic Care Clinics
Pharmacy
Anci llary services
On-Site Specialty Visits
To provide a comprehensive program for continuing staff

education at the Harrison County Adult Detention Facility.
In-Service Training
HALLC will require that all health care staff participate in
basic in depth orientation(minimum of 40 hours to full time
health care providers) to the health services program.
Documentation of all training will be maintained on site.
All written policies and training program will be
established, approved and implemented by HALLC in
cooperation with Harrison County Adult Detention Center to
include:
1.
2.
3.
4.
5.
6.
7.
B.
9.
10.
8.
Written policies and defined procedures

Mission of the Institution
Relevant security policies and procedures
Response to facility emergency situations
Staff members functional position description(provided
on request)
Inmate-staff relationships
Privacy requirement and confidentiality of information
Infection control
Transportation procedures for transferring inmates
Other pertinent issues
a.
Signs and symptoms of an emergency
b.
First Aid and CPR Training
c.
Methods of obtaining emergency care
d.
Signs and symptoms of mental illness
To maintain a complete Quality Assurance system with

accurate records of care and to collect and analyze health
statistics on a regular basis.
23
MINUTES
MARCH 2004 TERM
I
Quality Assurance
HALLC will implement a Quality Assurance Plan that will

include, but not limited to, audit and medical chart review
procedures which meet American Correctional Association
standards.
Our program will be monitored by the QA
Committee chaired by our sitei Administrator, a
representative from Harrison County Adult Detention
Facility, and any other person deemed appropriate by the
parties concerned.
The Quality Assurance Committee will
review the total operation of the healthcare unit and off
site services.
Specifically HALLCs' Quality Assurance will
include several attributes that are unique to correctional
health care management.
1.
2.
3.
4.
I
5.
397
Monitoring Standards of Care Compliance

Statistical Reviews
Outside Agent for Peer Review
Assessment for Documentation
1.
Understanding in the medical community if it is
not written down then it is not done i.e. having
consent form sign, allergies documented, instruct
npo ...
Monitoring of Medical Orders to Facility Administration
for Infection Control Protocol
1.
MRSA Control
2.
Restraint Monitoring (prevents liability issues)
Quality Assurance's report will be discussed in the

quarterly administrative health service meeting.
The
Quality Assurance medical program will further include:
Regular committee meetings
Policy and procedure review committee meetings
Pharmacy committee meetings
Quarterly statistical management reporting
Healthcare staff meetings
Safety, sanitation and infection control meetings
Consist of regularly scheduled chart review
Include peer review by an outside agent
To provide communication between Harrison County Adult
Detention Facility staff and HALLC administration, meetings
will be held quarterly.
The agenda of the staff meeting
will consist of announcements,
old business, new business
and adjournment.
HALLe will make arrangements for meeting,
assure minutes are prepared and sign in sheet is maintained
documenting attendance, post meeting minutes prior to the
next schedule meeting and maintain copies of all minutes.
24
398
MINUTES
BOARD OF SUPERVISORS, HARRISON COUNTY I MISSISSIPPI
MARCH 2004 TERM
HALLe's medical director and health care staff will review

the services being provided at each site monthly, which
will include the quality of health records, treatment,
adequacy of treatment plans initiated by staff,
completeness and legibility of the medical records and
administration of medications. Statistical reports will be
provided at each meeting.
The report will include, but not
be limited to: number of inmates receiving health service by
category of care (i.e., operative, procedure, medication
utilization, referral for outside procedures, etc.).
The
following components are specifically monitored by HALLC:
1.
Adherence to policy and procedure manual
2.
Medial Director responsibilities
3.
Medication administration
4.
Chronic diseases
5.
Contagious diseases
6.
Chart audits
7.
Maintenance of equipment
8.
suicide prevention
HALLC is committed to an emphasis on cost-effective and
cost-efficient delivery of quality healthcare services, and
will demonstrate accountability through routine weekly,
monthly and quarterly reporting of key indicators of the
program. Additionally, we will conduct frequent executive
meetings between the HALLC and Harrison County Adult
Detention Facility which further enhanced accountability and
communication to ensure a collaborative and cooperative
effort.
HALLC will utilize a managed care model with an
extensive utilization review program.
The quality
improvement initiative and the utillzation management
program are current to the health care industry at large,
further tailored to your
environment and are consistent with standards presently in
use in Harrison County Adult Detention Facility facilities,
and other healthcare setting throughout the nation.
HALLe has designed and implemented an effective and

efficient medical record compliance which is in compliance
with ACA and NCCHS Standards and is an essential components
in HALLC' healthcare program. HALLC assures the
completeness, accuracy and accessibility of each inmate's
medical record and in such complies with the Health
Insurance Portability and Accountability Act(HIPPA).
25
MINUTES
MARCH 2004 TERM
I
Health Insurance Portability and Accountability
HALLe will comply with the Health Insurance Portability and
Accountability rules which require specific methods of
handling the protected health information of clients.
HALLC
will assure compliance by:
399
Developing specific policies and procedures regarding

HIPAA requirements ensuring that all internal policies
are in compliance with state and federal laws
Determining the minimum necessary access to health
information
Providing training for current and future personnel on
the aforementioned policies and procedures
Providing notice of privacy practices to all inmates
Obtaining HIPAA compliant agreements with all business
associates
Obtaining a sign authorization each time information is
released per request
All activities and communications relating to inmate health
care will be maintained in a privileged and confidential
manner.
This includes minutes. monitoring and evaluation
activities, complaints and other data. All information
generated will be marked privileged and confidential and
will be handled with customary confidential practices.
Medical records will be maintained in the healthcare unit of
the facility.
Audits of medical records will be done on a
regular basis by the management of HALLC.
Medical records
will include not be limited to the following information:
Completed receiving screening form
Health appraisal data forms
findings, diagnosis, treatment, dispositions
Prescribe medications and administration
Lab, x-ray and diagnostic reports
Consent and refusal forms
Release of information forms
Place, date, and time of health encounters
Problem list
Dental record
Mental health record
26
400
MINUTES
MARCH 2004 TERM
Security of Health Records

HALLC will maintain the medical record separately from the
inmate's confinement record.
Policies and procedures
controlling access to an inmate's medical record will be
established with management of the Harrison County Adult
Detention Facility.
Informed consent standards apply to all
examinations, treatments, and procedures with the exception
of emergency treatment where informed consent is implied,
situations with advanced directives, and the treatment of
communicable diseases.
HALLCs' medical health care mangers
will review all test results, lab reports, consultant's
report prior to being filed in the medical record.
Upon treatment of the inmate the medical record will be
immediately filed.
Policies and procedures regarding the
transfer of medical record information will be written.
Inactive records will be maintained in accordance with
Mississippi law and HALLe policies and procedures.
Should
the courts serve HALLC and medical information is required,
a designated official from the Harrison County Adult
Detention Facility will be notified immediately of the
service and/or request.
Records will be made available
immediately upon approval of the Harrison County Adult
Detention Facility designated representative.
9.
To operate the health care program in a humane manneT with

respect to the inmate's right to basic health care services.
Health Assurance, LLC will operate the health care program
at the Harrison County Adult Detention Facility in a humane
manner with respect to the inmate's right to medically
necessary health care services.
10.
To provide for a fair and Objective evaluation of proposals

that will result in a mutually satisfactory contract between
the successful proposer and the Harrison County Adult
Detention Facility.
Health Assurance, LLC is submitting this fair and objective

response to the request for proposal which will result in a
mutually satisfactory contract between Health Assurance LLC
and the Harrison County Adult Detention Facility.
27
MINUTES
MARCH 2004 TERM
I
IIICOSTS
For and in consideration of the sum of One Hundred Eight

Thousand, Seven Hundred Seventy Dollars ($108,770.00) per month,
paid to HALLC by Harrison County, HALLC agrees to provide the
medical care and services set forth in this contract to inmates,
with a limit of 1,000 inmates per day.
Should the inmate
population increase in excess of 1,000 inmates, then Harrison
County will pay to HALLC a per diem cost of $1.89 per inmate.
WITH THE EXCEPTION:
The financial liability of HALLC for the medications for

inmates with HCV, HIV, and AID, and transplant recipients under
the terms of this contract shall be limited to a total of
$100,000.00 annually.
Should the standard of care require
pharmacy costs in excess of $100,000.00 annually, Harrison County
will maintain financial responsibility for all pharmacy costs
exceeding $100,000.00 annually.
IV.
RELATIONSHIP OF THE PARTIES
(a)
4til
It is expressly acknOWledged by the parties hereto that

no relationship of employer and employee or of
principal and agent is created by this Agreement
between the county and HALLC or between the County and
It is understood
any other person employed by HALLC.
and agreed that HALLC is at all times acting and
performing as an independent contractor.
It is
further understood and agreed that in the performance
of his or her work and duties. each nurse or physician
is at all times acting and performing as an employee ~r
subcontractor of HALLC.
The county shall not have or
exercise any control or direction or any right of
control or direction over the methods by which HALLC
shall perform its work and functions; the sale interest
and responsibility of the county is to ensure that the
Services shall be performed and rendered in a
competent, efficient, timely. cost effective,
professional and satisfactory manner. Any complaints
or suggestions regarding performance of duties by (i)
HALLC employees at the Jail, should be made by County
personnel to supervisors at HALLC, not to the employees
28
MINUTES
4()2
MARCH 2004 TERM
of HALLC performing direct duties hereunder, or (ii)

Jail employees, shall be made by HALLC supervisors to
the Sheriff, not to the employees of the Jail.
(b)
No person employed by HALLC performing services

pursuant to this Agreement shall have any claim
whatsoever under this Agreement or otherwise against
the County for salary or wages, vacation pay, sick
leave, retirement benefits, life insurance benefits,
Social Security, workman's compensation, disability,
unemployment insurance benefits, or any other employee
or fringe benefits of any kind.
HALLC shall be fully
responsible for any and all compensation and other
employee or fringe benefits due each other person
employed by HALLe for services rendered by each person
under this Agreement, and HALLC shall indemnify and
hold the County harmless from any claim for any such
person for benefits or compensation, direct or indirect
arising out of the services performed by any person
under this Agreement, and from any and all claims for
any taxing entity for payment of any employment tax or
withholding (including but not limited to FICA taxes
(Social Security), income tax withholding on wages and
unemployment insurance taxes, and interest and
penalties thereon) payable with respect to such
compensation.
In the event that the Internal Revenue
Service or any other gove~nmental agency or any person
should question or challenge the independent contractor
status of HALLC, both parties hereto shall have the
right to participate in any discussion, negotiation or
litigation with such agency or persons over such
question or challenge.
v.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and insure to the benefit of

any successor to the parties hereto, and such successor shall be
deemed substituted for the appropriate party, under the terms of
this Agreement.
As used in this Agreement, the term "successor"
shall include any persons, firm, employer or other business
entity which at any time, whether by merger, purchase or
otherwise, acquires all or substantially all the assets of the
business of such party.
29
MIN UTE S
MARCH 2004 TERM
I
VI.
COMPLIANCE WITH LAWS
The parties hereto hereby expressly acknowledge that it has been

and continues to be their intent to comply fully with all
federal, state and local laws, rules, and regulations.
In the
event of any legislative or regulatory change Or determination,
whether federal or state, that has or would have a significant
adverse impact on either party hereto in connection with the
performance of its obligations, or should either party be deemed
for any reason in violation of any statute or regulation arising
from this Agreement, this Agreement shall be negotiated to comply
with the then current law.
VII.
TERM
This Agreement shall have a term of two (2) years beginning April
4, 2004 and ending April 4, 2006.
This Agreement may be renewed
for terms of one (1) year upon mutual accord of the parties, a
Resolution by the Harrison County Board of Supervisors, and by
written, executed renewals mutually acceptable to the parties.
VIII.
TERMINATION
This Agreement may be terminated in accordance with the following
provisions:
(a)
Upon ninety (90) days written notice by either party to

the other party at any time with or without Cause.
IX.
INSURANCE
(a)
4{'3
Liability Insurance
HALLC covenants to furnish, and it is understood and agreed that

HALLC shall procure at its own expense, and maintain in force
throughout the entire term of this Agreement, including any
renewal terms, General Liability, Professional Liability, and
Medical Malpractice Insurance in the amount of $1 million per
occurrence, and $3 million aggregate, insuring all claims that
may arise out of the course and scope of this Agreement.
Harrison County, Mississippi, the Sheriff of Harrison County,
Mississippi, and all employees of Harrison County and elected
officials of Harrison County, including but not limited to all
30
404
MINUTES
MARCH 2004 TERM
persons under the supervision or control of the Sheriff of the

Harrison County, shall be additional named insureds on the the
aforestated Liability
Insurance Policy. As between Harrison
County's Liability Insurance coverage and HALLe's Liability
Insurance coverage, HALLe's Liability Insurance Policy shall be
primary; and Harrison County's Liability Insurance Policy shall
be excess.
HALLe shall furnish the Sheriff of Harrison County
with original certificates of its insurance policy obtained in
compliance with this Section.
Such certificate shall be
furnished on or before the commencement of HALLC's operations
pursuant to this Agreement.
HALLC shall require its insurance
carrier to notify, in writing, the Harrison County Administrator
of any changes, endorsements, amendments or cancellations of such
insurance policies at least ten (10) days prior to the effective
date of such change. All HALLC's insurance policies shall be
written by an insurance company or companies authorized by the
Commissioner of Insurance of the State of Mississippi to do
business in the State of Mississippi.
X.
AUDIT
Harrison County reserves the right, at its own cost and expense,
to audit HALLC's books and records at any time for the purpose of
verifying compliance with this Agreement.
For the purposes of
conducting such an audit, HALLC, shall make its books, documents
and records available to Harrison County upon thirty (30) days
prior written notice.
If HALLe carries out any of the duties of
this Agreement through a subcontractor, having a value of cost of
Ten Thousand Dollars ($10,000.00) or more, over a twelve (12)
month period, HALLC shall require such subcontractor to make its
books, documents and records available for audit by Harrison
County.
XI.
HALLC shall comply with all laws and rules and regulations of the
United StateS of America and the State of Mississippi, applicable
to HALLC's responsibilities under the terms and conditions of
this Contract.
Such compliance shall include but not be limited
to the maintaining and providing of any records required by any
federal or state agency.
31
4C15
MINUTE BOOK
MARCH 2004 TERM
I
XII.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Mississippi.
XIII.
NOTICES
(a)
Notices to HALLC shall be sufficient if sent by

Certified Mail, Return Receipt Requested, Postage PrePaid, addressed to:
Dr. Carl M. Reddix, CEO
P. O. Box 14212
Jackson, MS 39236
(bl
Notices to Harrison County shall be sufficient if sent

by Certified Mail, Return Receipt Requested, Postage
Pre-Paid, addressed to:
Pam Ulrich
Harrison County Administrator
P. O. Drawer CC
Gulfport, MS 39502
XIV.
$EVERABLITY
In the event any term or provision of this Agreement is found to

be unenforceable or void, in whole or in part, as drafted, then
the offending term or provision shall be construed as valid and
enforceable to the maximum extent permitted by law, and the
balance of this Agreement shall remain in full force and effect.
32
MINUTE BOOK
MARCH 2004 TERM
IN WITNESS WHEREOF, the parties have executed this

Agreement on the date stated herein.
HEALTH ASSURANCE, LLC
BY:
CARL M. REDDIX, M.D., CEO
Sheriff of Harrison County,

Mississippi
COUNTY BOARD
OF SUPERVISORS
~ISON
Bobby Eleuterius, President
Larry Benefield
Supervisor, District 2
Marlin Ladner
William Martin
SuperVisor, District 4
Clerk of the Board
Connie Rockco
33
407
MINUTES
MARCH 2004 TERM

supervisor WILLIAM M. MARTIN seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
AYE
MIN UTE S
408
MARCH 2004 TERM

Supervisor CONNIE M. ROCKCO
moved adoption of the following:
ORDER APPROVING CONTRACT BY AND BETWEEN HARRISON

COUNTY AND HEALTH ASSURANCE, LLC TO PROVIDE MEDICAL
AND MENTAL SERVICES FOR THE HARRISON COUNTY YOUTH
DETENTION CENTER, AND AUTHORIZING THE BOARD MEMBERS TO
EXECUTE SAME

Board does HEREBY APPROVE contract by and between Harrison County and Health Assurance,
LLC to provide medical and mental services for the Harrison County Youth Detention Center.
It is further,
ORDERED that the Board does HEREBY AUTHORIZE the Board members to execute said
contract, same being as follows:
AGREEMENT FOR MEDICAL AND MENTAL SERVICES

HARRISON COUNTY JUVENILE DETENTION CENTER
This MEDICAL SERVICES AGREEMENT (this "Agreement"), made and

enLered into as the
aay of
, 2004, by and between
HEALTH ASSU~Z\NCE, LLC (HALLC), a Limited Liability Company formed
under the laws of the State of Mississippi, and THE COUNTY OF
HARRISON, MISSISSIPPI, as follows:
WITNESSETH:
WHEREAS, The Sheriff of Harrison County is required to
provide medical assistance to persons confined in the Harrison
County Juvenile Detention Center in accordance with Section 47-157 of the Mississippi Code of 1972; and
WHEREAS, if the inmate is unable to pay the cost of medical
treatment the cost shall be paid out of the treasury Of Harrison
County in accordance with said statute; and
WHEREAS, Section 47-1~57 of the Mississippi Code of 1972

Annotated authorizes the Harrison County Board of Supervisors to
enter into a service contract with a physician and/or health care
group for the jail; and
WHEREAS, Harrison County desires to enter into a service
agreement with HALLC, whereby HALLC is compensated in return for
providing medical and mental care to the inmates in the Harrison
County Juvenile Detention Center; and
WHEREAS, HALLC desires to enter into such a service
Agreement;
NOW, THEREFORE, in consideration of the mutual promises of
the parties hereto, and of the mutual covenants and conditions
hereinafter expressed, the parties hereto covenant, each with the
other as follows:
MINUTES
4[/9
MARCH 2004 TERM .
I.
MANDATORY REQUIREMENTS
For and in consideration of the sum of money set forth

herein, HALLe contracts and agrees to perform the following
mandatory requirements:
1.
Juven~le Inmate Health Care Proqram for the Harrison county

Juvenile Detention Facility.
For all health care services, the Medical Director or

Program Administrator located at the Adult Detention
Facility will identify the need, schedule, and coordinate
the health care services for:
A.
B.
C.
D.
E.
G.
H.
1.
J.
K.
All physician services, supporting diagnostic

examinations. follow up for health problems identified
by screening or laboratory tests, non-emergency and
emergency medical care rendered to juvenile inmates
inside and outside the Harrison County Juvenile
Detention Facility
Inpatient hospitalization or offsite speciality service
for any juvenile inmate at the Harrison County Juvenile
Detention Facility
Providing a responsible physician who will conduct sick
call and provide an on call physician or a designee
seven days per week, twenty four hours per day for
emergency situations
Psychiatric. psychological and counseling services for
any juvenile inmates inside the Harrison County
Juvenile Detention Facility
Providing a total pharmaceutical system for the
Harrison County Juvenile Detention Facility
Providing a medical detoxification program for drug
and/or alcohol addicted inmates,
Providing all equipment with the exception of capital
outlay equipment
Providing all medical supplies
Providing consultation services to the Sheriff and
Director of Corrections on any and all aspects of the
health care delivery system at the Harrison County
Juvenile Detention Facility
ProViding a centralized billing system for health care
providers
Administer emergency medical care to any employee or
visitor at the Harrison County Juvenile Detention
facility who reqUires such care.
410
MINUTES
BOARD OF SUPERVISORS, HARRISONCOUNTV, MISSISSIPPI
MARCH 2004 TERM
A.
Initial medical assessment
Within one hour, or as soon thereafter as reasonably

possible, of arrival, all new inmates at the Harrison County
Juvenile Detention facility will receive an initial medical,
oral and psychological screening.
A standard form to record
findings of the initial screening and evaluation will be
utilized.
The form is placed in the patient's medical file.
At a minimum, initial screenings will include:
a)
An educational program
b)
A visitation program with parents and guardians
c)
Private communications with visitors and staff
d)
Counseling
e)
Continuous supervision of living units
f)
Medical service
g)
food service
h)
Recreation and exercise programs
i)
Reading materials
j)
Documentation of current illnesses and health problems,

including medications taken, and special health
requirements.
k)
Behavior observations, including state of

consciousness, mental status, and whether the inmate is
under the influence of drugs or alcohol.
1)
Notation of body deformities, trauma markings, bruises,

ease of movement, etc.
m)
Conditions of skin including infestations.
Referral of the juvenile inmate for special housing,

emergency health services, or additional medical
specialities will be made as needed.
411
MINUTES
MARCH 2004 TERM
B.
Full health assessment
A comprehensive physical and psychological evaluation will

be completed on any juvenile inmate confined at Harrison
County Juvenile Detention Facility within one hour, or as
soon thereafter as reasonably possible of arrival at the
facility.
The examination will conform to national medical
standards, and be performed by a qualified medical
professional. At a minimum, the comprehensive evaluation
will include:
Review of the receiving screening results by the
Director or the responsible physician
~edical
Collection of additional data to complete the medical,

dental and psychological histories
Review of immunization history and update scheduled as

needed Laboratory and/or diagnostic tests (as determined by
the responsible physicianl to detect diseases, the
assessment will include:
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
TB testing
Sexually transmitted diseases testing including HIV
Full blood work up
Dental examination
Vision examination
Recording of height, weight, blood pressure and
temperature
Other tests and examinations as appropriate
Medical (including gynecological assessments of
females) with appropriate comments
Review of the results of the medical examination and
tests, and identification of problems by physician
Obstetrical follow-up
The psychological screening will include an interview

conducted by the appropriate staff in which inquiries into
the items listed below are made:
a.
History of psychiatric hospitalization and outpatient
treatment
b.
family history
c.
Current psychotropic medications
d.
Suicidal ideation and suicidal behavior
e.
Drug usage
f.
Alcohol usage
g.
History of sex offenses
h.
History of outwardly violent behavior
4
412
MINUTES
MARCH 2004 TERM
i.
j .
k.
1.
History of victimization or abuse

Special education placement
History of cerebral trauma and seizures
Emotional response to detainment
Primary medical services will consist of

Admission evaluation
a.
b.
Medical screening and examination
Preventive care
c.
d.
Medical clearances for intra & inter - agency transfer
e.
Medical clearance for work assignments
f.
Continuing care of identified medical problems
g.
Detoxification and drug rehabilitation services-HALLe
will provide an on-site detoxification program for the
management of chemically dependent or intoxicated
inmates.
The program will provide for:
Identifications of inmates in need of detoxification
Comprehensive treatment plan
Separation from general population
Supervision and monitoring
Hospitalizations for severe cases
HALLC will maintain a comprehensive health care record that
at a minimum will include the following:
a.
Complete receiving
b.
Health assessment data forms
c.
Master problem list
d.
All findings, diagnoses, treatments, and
dispositions
e.
Prescribed medication and their admlnistration
f.
Reports of laboratory, x-ray and diagnostic
studies
g.
Signature and title of each documenter
h.
Consent and refusal forms when applicable
i.
Release of information forms when applicable
j.
Place, date and time of health encounter
k.
Discharge summary of hospitalizations
C.
Mental Health Program
HALLe understands there 1S a need for a strong mental health

program in every juvenile inmate detention facility. As part
of the initial screening process and follow up history
mental health questions are included to identify patients
with gross mental abnormalities who are in need of immediate
care and treatment.
The evaluation is performed by a
qu~lified mental health professional.
413
MINUTES
MARCH 2004 TERM
1.
HALLe will coordinate a separate mental health

screening and evaluation process with the appropriate
personnel for all new admissions no later than one
hour, or as soon thereafter as reasonably possible
after admission to the Harrison county ,Juvenile
Detention Facility. This process is designed to
identify level of functioning and to uncover less
obvious mental conditions.
This process helps to
determine appropriate housing and program assignments
for mentally challenged offenders.
Each individual
~dentified will be provided a treatment plan which
specifies the frequency and extent of follow up care as
well as the level of services.
The mental health evaluation will include a structured
interview by a mental health worker and testing of
intelligence for mental retardation.
HALLC will work
with psychiatrists or clinical psychologists in
developing the screening instruments to be used for
mental health evaluations, training mental health
workers in the application of these instruments and in
drafting gUidelines for referrals of patients.
Psychiatrists and/or clinical psychologists will be
utilized to provide in-depth work-ups and development
of appropriate treatment plans and conduct psychiatric
evaluations with psychological and/or behavioral
problems.
Other mental health professionals will be
utilized to carry out other aspects of the mental
health program.
A license psychiatrist will be
staffed at the Juvenile Detention Facility one day a
week, for a minimum of one hour per day, to be
available for counseling, prescribing psychotropic
medications and appropriate monitoring.
I
2.
Intake Procedures
Outpatient Treatment
HALLe ensures that each inmate has a range of mental
health care services as is provided in the community.
Services may include individual counseling, group
counseling, psychiatric and psychological
consultations, medication monitoring and periodic reevaluation of the effectiveness of the treatment.
The
preferred treatment utilized by HALLC is supportive
counseling, since inmates with more serious mental
health problems do not function well when placed in the
general population.
Supportive counseling often
6
MINUTES
MARCH 2004 TERM
provides an avenue for inmates to alleviate anxiety,

assist in their adjustment to a confined life and help
them plan for the future.
3.
Intervention
Intervention in emergencies for short term care for
juvenile inmates in acute mental distress requires an
immediate response.
HALLC has experienced that some
juvenile inmates need short term supportive counseling
for less serious although traumatic state. Those
juvenile inmates who have major psychiatric emergency
episodes are referred to appropriate staff and
facilities for care.
Psychiatric emergencies are
handled as followed:
1.
Identified one or more hospital emergency
department to which juvenile inmates will be
transferred
2.
On site records which include the name and number
of the physician who is one call 24 hour per day
is provided
3.
Arrangements are specified, which include the
security procedures
4.
4.
Special Services
HALLC is keenly aware that often the disorganized

or/and dangerous behavior on the part of mentally ill
juvenile inmates justify the use of short term
seclusion, restraining or psychotropic medication.
HALLe works closely with the facility in regard to
policies and procedure as well as state laws in
ensuring the proper health standards for these
individuals.
HALLC is knowledgeable about the
applicable state laws and regulations governing
seclusion, restrain and forced psychotropic medication.
HALLe will not participate in forensic mental health
evaluations.
In regarding the aforementioned special
services the following procedures are utillzed,
Prohibit the use of these mental health concerns
for punishment
Require the authorization only by a physician
and/or clinician where specified by law
Define the critical criteria for use in medically
necessary situations
Limit the time and frequency of use of extreme
measures
MINUTES
MARCH 2004 TERM
Specific health care staff responsibilities for

monitoring patients
Train appropriate personnel to ensure that they
are familiar with specific policies and
procedures
I
D.
Basic Ambulatory Care

Intake Procedures
Certain basic health information is to be gathered on

each new juvenile inmate immediately upon admission to
the system, juvenile inmates reentering the system, and
inmates on extended furlough.
A qualified health
professional will observe and interview every juvenile
inmate during the screening process within a designated
time frame as determined by the facility and HALLC.
The intent is to gather enough information to ensure
continuity of health care and to prevent avoidable
health contingencies.
The result of the screening
process is recorded on a standardized form and placed
in each inmate's medical record.
If a juvenile inmate
is transferred within the same system, the health
record must accompany the patient upon transfer.
Upon
admission the health information will be reviewed for
completion and the following applicable steps will be
taken, i.e., chart review, continuation of medications.
An annual review will be performed on each patient's
chart and a tuberculin skin test will be administered.
Screening Process at a minimum will include:
Inquiry into current illnesses, health
problems, and conditions
Observation of behavior which includes state
of consciousness, mental status, appearance,
conduct, tremors, sweating, bodily
deformities, movement, and conditions of the
skin.
Tuberculosis test
Notation of the disposition of the inmate
After a predetermined time period a more detailed
health appraisal which includes history and examination
will be provided to each juvenile inmate.
The physical
examination will complete the health appraisal data
collection.
Health appraisal data is recorded on a
standardized form and placed in each inmate's medical
record.
B
415
MINUTES
MARCH 2004 TERM
Detailed data intake

Reviewing the screening process
l.
2.
Gathering pertinent additional data,
i.e., medical, dental, mental histories
3.
Solicit information regarding past
illnesses hospitalizations, current
health complaints, medications and
treatments
4.
Reviewing family history of certain
genetic linked diseases
5.
Reviewing immunization status
6.
Reviewing allergies
7.
Include any information that was not
obtain during the screening process
E.
Sick Call
The sick call process is the core to any efficient health

delivery system. The facility and the health care providers
should review the present mechanism in place to ensure that
all juvenile inmates can request health services daily.
The access to health care is directly controlled by HALLe to
ensure that all written requests are received daily and a
determination can be made regarding the appropriate
disposition.
HALLC is obligated as a professional health
care provider to see every patient who requests care.
Juvenile inmates are to be notified in a reasonable period
of time (predetermined time) concerning their requests for
health care. All requests for non-emergency care are
processed within 24 hours and are scheduled for sick call
within the next 24 hours.
The intake personnel usually sees
the juvenile inmate first to gather basic information, take
vital signs and/or provide care within the scope of their
licenses.
This review determines the juvenile inmates needs
which may include referrals to other physicians and/or
another clinician.
No Shows,
HALLC realizes that some medical complaints and illnesses

have a limited course and may resolve on their own.
No
shows provide several problems for health care providers.
No shows reduce the efficiency of the health unit and
juvenile inmates who need health care services may not
receive them, Those juvenile inmates who do not show up for
their sick call or appointments are handled as follows;
417
MINUTES
MARCH 2004 TERM
2.
3.
F.
The juvenile inmate may indicate through oral/written

communication of their not being able to attend the
scheduled appointment.
Critical and/or chronic disease juvenile inmates who
do not show are reported to the Harrison County
Juvenile Detention Facility health staff to determine
why the appointment was missed.
.
All missed appointments are followed up to ensure that
their access to care is not barred.
Chronic Illness
HALLC has defined a chronic health problem as an illness

which is either ongoing or recurring, i.e., asthma,
diabetes, hypertension, etc.
To provide an effective and
efficient health care delivery system for chronic ill
patients,
HALLC:
1.
2.
Identifies the number of juvenile inmates with specific

chronic conditions
Individual treatment plans are developed or reviewed
for each of these patients which includes
instructions regarding medications
special therapies
exercise
diet
the type and frequency of laboratory
other diagnostic testing
frequencies of follow up for reevaluation of
the patient's condition; and
adjustment of the treatment plan as needed.
Chronic clinics are established to enable patients to have

scheduled visits to the health care provider.
Educating the
patient to understand the seriousness of their conditions.
can create a more workable outcome for both the health care
provider and the patient. Counseling and self-care
instructions are given to these juvenile imnates to assist
them while detained and upon their return to the community
which is documented in the patient's medical record.
10
MINUTES
418
MARCH 2004 TERM
G.
Pharmaceutical Services
HALLC will comply with all applicable state, federal

regulations, and ACA standards regarding prescribing,
dispensing, administering, and procuring pharmaceuticals for
juvenile inmates.
Procedures will define timely
procurement, dispensing, distribution, accounting, and
disposal of pharmaceuticals.
Records will be maintain to
ensure adequate control of and accountability for all
medications.
Juvenile inmates will not prepare, dispense,
or administer medication except for self-medication programs
approved by Harrison County Juvenile Detention Center and
HALLC.
Drug storage and medication will not contain any outdated,
discontinued, or recalled medications.
All medications will
be stored under proper conditions of sanitation,
temperature, light, moisture, ventilation, segregation, and
security.
Antiseptics, other medications for external use,
and disinfectants will be stored separately from internal
and injectable medications.
An adequate and proper supply
of antidotes and other emergency medications, and related
information will be readily available to health care staff.
Prescription medications are administered or delivered to
the inmate only upon the order of a physician, dentist, or
other legally authorized individual.
HALLe will determine
the prescriptive practices for the facilities.
Medications
are prescribed only when clinically indicated and will be
documented by a form approved by the Medical Director of
HALLe.
HALLC will work with pharmaceutical companies to
assure the lowest possible pharmaceutical cost.
Medication Distribution
HALLC utilizes the system of b.i.d. where medication is
distributed twice a day, 365 days per year.
However some
medications are distributed three or four times a day as
ordered.
The procedures are:
Medications are only dispensed by licensed individuals
Each prescription is labeled in accordance with
applicable regulations with the following information:
-date
-pharmacy prescription number
-patient name
-name of the drug
-strength
-amount dispensed
11
MINUTES
MARCH 2004 TERM
-directions to the patient for use

-prescriber name
-other pertinent information
Health personnel who have been trained and/or licensed
can only pass medications
Administration of medications or their refusal is
recorded on the inmate's log
Juvenile inmates on abusable medications are observed
to ensure that the medications are taken and not
hoarded.
I
H.
Speciality Care
Prior to providing services HALLC will determine what

speciality services can be provided outside the facilities
and obtain consultant and/or contracts from the providers to
effectuate services to the juvenile inmates.
HALLe will
require each off site care speciality provider to provide
copies and/or evidence of continued licensure.
HALLC uses
both a referral form and/or communication to the off site
health care provider. All speCialists are oriented to the
correctional environment and to the institution's security
regulations and health services policies and procedures.
Providing on site and/or off site speciality care is
dependent on the juvenile inmate's health care needs.
The
number of juvenile inmates who are requiring each type of
speciality care will determine which speciality care
services should be provided within the facilities and which
should be provided at off site locations.
Speciality care
is defined by the willingness of these providers to treat
juvenile inmates and the existence of the required
equipment.
The most preferred option to be utilized by
HALLC is to provide speciality care Dn site at the
facilities, which avoid the added security risk Df
transporting inmates and the added costs of custDdy time and
transportation costs.
I.
Inpatient Care
Inpatient services may be required by inmates at any given

time.
HALLC has determined that there are fOur levels of
in-house inpatient beds in any facility, sheltered housing,
extended care, skilled nursing care, and Observation. The
number of beds required depends on the type of inpatient
service required, which cannot be predetermined.
Sheltered housing is designed for juvenile inmates who need
a more protective environment but do no require 24 hours per
12
419
420
MINUTES
MARCH 2004 TERM
day nursing care.

Often this facility is not a special
facility.
These patients are those who might be restricted
in some of their activities but who could care for
themselves.
Extended care is for those juvenile inmates who might be
terminally ill, mobility impaired individuals and those who
may be in the latter stages of chronic diseases.
Terminally ill patients need daily medications and/or
therapy and assistance in performing basic functions.
Skilled nursing care patients are those individuals who need
daily nurse care at a higher level and for a shorter
duration than the extended care patients.
Both extended
care and skilled nursing patients are treated in an
infirmary setting.
HALLC insures that at a minium the
following procedures are in operation in the infirmary
setting.
Defined scope of services to be provided
Physician is on call 24 hours per day and see
patients as required by the severity of their
illnesses
Registered nurse who provides daily supervision
Appropriate personnel on duty 24 hours per day,
seven days per week, who make rounds at least once
per shift and more often as required by patients'
need and physicians' orders.
Health staff member within the patients sight or
hearing
Nursing care procedures that are written
Inpatient records that are complete and
The physicians or other authorized health
professional can only admit or discharge a patient
from the infirmary.
HALLe ensures that written agreements and arrangements are
provided before the inception of any agreement with the
facility.
Any hospital utilized by HALLC must meet the
criteria for licensure and other regulations governing
hospitals in the state and should be accredited by a state
agency or the JCAHO.
Procedures for transporting juvenile
inmates off site is coordinated with the facility and HALLC.
A hospital discharge summary should be returned with the
juvenile inmates on their return to the facility which notes
the care that was prOVided and should include instructions
for follow up care.
13
MINUTES
MARCH 2004 TERM
J.
2.
3.
4.
K.
2.
3.
Health Service Administrator - Available 40 hrs. per

week, who will be located at the Harrison County Adult
Detention Facility
Physician - One (1) day per week, for two to three 123) hours
Psychiatrist ~ One day a week, for two to three (2-3)
hours
Nursing Staff:
a) Day Shift - 7:00 a.m. ~ 3:00 p.m.
Emergency Care
HALLe works closely with each facility to ensure that a plan

is in place for responding to medical emergencies.
Each
plan will include:
1.
staffing
HALLC agrees it will staff the Harrison County Juvenile

Detention Center with full and part time medical care
providers pursuant to the American Correctional Association
(ACA).
HALLC agrees to provide the following:
1.
4.
One or more hospital emergency department to which

juvenile inmates will be transferred
The name and number of the physician who is on call 24
hours per day is provided
Arrangements are specified, which include the security
procedures
HALLC coordinates with personnel in the facility ensuring

that all staff, who work with juvenile inmates are currently
trained in cardiopulmonary resuscitation(CPR).
HALLe will
further work with appropriate personnel to have drills of
simulated medical emergencies at the facility.
L.
Female Services
HALLe recognizes that the number of female juvenile lnmates

is large and is growing annually, and presents unique and
increasing health problems for correctional facilities.
The
circumstances and needs of incarcerated females are unique;
thus, the need to provide specialized treatment to this
population must be provided.
Studies show that incarcerated
females utilize health care services much more than males
14
421.
422
MIN UTE S
MARCH 2004 TERM
and the reasons for this increased utilization include a

female's more complicated reproductive system, sexually
transmitted diseases, and pregnancies.
Upon entry into
corrections, females report problems with alcohol abuse,
headaches, fatigue, drug abuse, and sexually transmitted
diseases.
Further, it has been estimated that 10 percent of
females entering correctional facilities are noted t~ have
psychiatric problems with depression being the most common
diagnostic category.
From 40 to 60 percent of the females in prisons and jails
have reported they had been previously sexually or
physically abused.
Such experiences can lead to life long
psychological problems ranging from depressive disorders,
stress disorders, anxiety disorders, substance abuse,
behavioral disorder of violence and impUlsivity, and
learning problems In recognition of the high risk nature of
correctional pregnancies, juvenile inmates remaining in
Harrison County Juvenile Detention Center facilities after
pregnancy will receive regular prenatal and postnatal care,
including medical examinations, appropriate activity levels,
safety precautions, nutrition, guidance, and counseling.
Juvenile inmates will receive recognized community standards
for female health services as promoted by standards set by
the AMA and American College of OB/GYN.
Intake procedures
will include histories on menstrual cycle, pregnancies,
gynecologic Problems, and nutritional intake.
The intake
examinations will include a breast exam and, depending on
the patient's age, sexual history, and past medical history,
a pelvic exam, and pap smear.
HALLC will provide laboratory tests to detect sexually
transmitted diseases and pregnancy test on admission to the
facility.
The frequency of repeating certain tests, exams,
and procedures will be based on guidelines developed by
professional groups such as the American Cancer Society and
the American College of Obstetrician and Gynecologists, and
will take into account age and risk factors of the female
residents at Harrison County Juvenile Detention Center.
15
MINUTES
MARCH 2004 TERM
M.
Laboratory Services
HALLC shall provide routine laboratory/diagnostic services.

All on-site qualified health care professional staff shall
be trained in the collection and preparation of laboratory
specimens.
On-site diagnostic services with immediate
results will include: finger stick blood glucose testing,
urine analysis dip stick, urine analysis pregnancy test,
rapid strep test, guaiac stool test and peak flow testing.
The medical director and/or designee shall review all
routine laboratory results, timely to ensure proper
treatment and follow up care.
N.
Infection Control Program
The infection control program will provide knowledge and

supplies that will help in maintaining an environment that
reduces unnecessary exposure to infections and communicable
diseases for juvenile inmate, security and healthcare staff.
Infection control will follow the guidelines and
recommendations of Centers for Disease Control, Occupational
Health and Safety Administration and other pertinent
documents related to infection control. All reports will be
completed and filed consistent with local, state and federal
laws and regulations.
Annual statistics will be maintained
by monthly completion of Infectious Disease Report.
The
Medical Director will implement the standards regarding
employee safety.
HALLC will implement an Infection Control Committee which
will be a subcommittee of the Quality Assurance,Program who
will meet quarterly to review and discuss infection control
policies and procedures.
Written reports will identify
reportable diseases, outbreaks or occurrences of special
infectious diseases and problem solving opportunities.
The
Infection Control Committee will monitor employee knOWledge
of Infection Control and Exposure Control annually on a
formal ba,sis, more often if problems are identified.
The
following matters will be considered:
Concurrent surveillance of patients and staff
1.
Prevention techniques
2.
Strict adherence to universal precautions
3.
Treatment and reporting of infections
16
423
424
MINUTES
MARCH 2004 TERM
o.
Risk Management
The primary goal of HALLC's risk management program is to

prevent injuries, accidents, and loss, reduce such
occurrences, and/or minimize the loss or injury incurred.
All occurrences will be forwarded to the Quality Assurance
Committee for review and follow-up.
The review will
consists of assessment of factors, evaluation of any
intervening factors and assessment of outcome and loss.
The
Medical Director will ensure that training and preventive
measures will be incorporated to eliminate or control real
or potential risks in the clinical setting.
The Medical Director may resolve risk management problems
by:
1.
Providing education and training to medical staff
or counsel staff as needed
2.
Systems problems will be communicated to Harrison
county Juvenile Detention Facility
3.
Problems will be forward to the Quality Assurance
Committee for review and follow-up
4.
Inappropriate behavior problems by HALLC personnel
will be handled through individual counseling or
disciplinary measures
2.
Job Description of the Individual who will be the on
site Program Administrator
Characteristics of Work
Serves as the administrative and programmatic leader at the
Harrison County Juvenile Detention Facility for HALLC will
actually be on site at the Harrison County .Adult Detention
Facility, but will be available to go to the Juvenile
Detention Facility whenever needed.
Onder general
administrative direction of the Chief Executive Director of
HALLC, represents HALLC before public and professional
bodies in matters relating to correctional health.
Supervises the on site health care services at the Juvenile
Detention services.
Directs the development of rules,
regulations, and performance of medical staff.
The Program
Administrator identifies issues needlng policy resolution.
Internal and external contacts are made by the Administrator
to exchange information, coordinate activities, and provide
guidance and assistance to all Harrison County employees.
Work is reviewed frequently by upper management of HALLe.
17
MINUTES
425
MARCH 2004 TERM
Examples of Work
The following are examples of work performed and are not

intended to reflect the essential functions of anyone
positions.
The essential functions of each individual
position are determined and maintained by each correctional
facility.
.
Interprets statutes, rules and regulations governing the
facility over which administrative supervision is exercised.
Directs the preparation, coordination and implementation of
the health care services.
Exercises control of facility directed funds and identifies
special needs for budgetary purpOses.
Ensures compliance and development of rules and regulations
Reports findings of reviews and recommendations to

management of HALLC and the Director of the Correctional
facility.
Monitors quality assurance activities to ensure compliance
with state and federal rules and regulations.
Directs subordinate staff by assigning duties, evaluating
work performance and instructing in work methods.
Serves as liaison with other regulatory and enforcement
agencies.
Compiles annual, special and other reports relative to

agency activities.
Related or similar duties are performed as required or
assigned.
II.
OBJECTIVES
1.
To deliver high quality health care services that can be

audited against established standards.
The physician principals of Health Assurance, LLC are the
only physicians in Mississippi who have distinguished
themselves by the National Commission on Correctional
Healthcare as Certified Correctional Healthcare Providers.
18
42f)
MINUTES
MARCH 2004 TERM .
This certification assures that the facility will have a

system of accountability that guarantees a juvenile inmate's
access to appropriate health services.
The Community
standard for the primary care physician is to take the
responsibility for directing primary and specialty care for
patients within our health system.
Health Assurance, L.
L.C. physician principals are primary care physicians with
Masters Degrees in E'ublic Health.
Thus HALLC can uniquely
provide your organization with a "Responsible Health
Authority" that closely resembles this community standard.
2.
To operate the health care program in a cost-effective

manner with full reporting and accountability.
All claims are sent by the providers of service to HALLC
Claims Processing Department.
The individual facilities and
the providers of service will send all billing process
claims to this department.
Upon receipt the claim is
validated for processing.
Process validation is the
evaluation and adjudication of provider bills for
appropriateness of reimbursement relative to medical
necessity and prevailing rates of reimbursement, duplicate
charges, unbundling of charges, relativeness of services to
injury or illness, necessity of assistant surgeons,
adjudication of mUltiple procedures, number of modalities,
global procedures, and any other prevailing adjudication
issues that may apply. In addition an assessment is made for
the utilization review authorization.
Our utilization review/patient management staff uses
nationally recognized guidelines and resources. The
philosophy of HALLC utilization review team is to determine
the medical necessity and appropriateness of a requested
service, procedure, or hospital admission prior to the
event.
HALLCs' program will assist inmates in the Harrison
County Juvenile Detention Facility in receiving appropriate
health care .and in maximizing coverage for those health care
services.
HALLCs' utilization management is a comprehensive
set of integrated components including: pre-certification
review, admission review, continued stay review,
retrospective review, discharge planning, bill screening and
individual medical case management as required.
Only the
medical director will make decisions denying coverage for
medical services for reasons of medical necessity.
19
MINUTES
MARCH 2004 TERM
HALLC utilization review is to safeguard against unnecessary

and inappropriate medical care rendered to juvenile inmates.
Medical services and/or records will be reviewed for medical
necessity, quality of care, appropriateness of place of
service and length of stay (inpatient hospital).
HALl,C
utilizes highly skilled Nurse Coordinators and Physicians
who conduct professional and timely reviews using
standardized medical research data from across the country
to make fair and reasonable decisions on behalf of the
Harrison County Juvenile Detention Facility.
Detail audits
will be done on all claims to ensure that claims are not
overstated.
Utilization reviews consist of:
Inpatient Hospital Precertification,

Concurrent & Retrospective Review
Inpatient Chemical Dependency/Behavioral Health
Review
Outpatient Surgical Procedures
Specific Outpatient Procedures
The utilization review produces two benefits:

1.
2.
The ability to monitor and assure that necessary

medical services were given
The patient had achieved expected outcomes on a
periodic basis.
HALLC will further evaluate the infirmary, to ensure that

the infirmary is utilized in lieu of hospitalization and
second opinions will be conducted for elective
hospitalization and procedures.
3.
To operate the heal th caLe program at full staff:Lng and use

only Mississippi licensed certified and pLofessional trained
personnel.
HALLC has proposed a combination of administrative and

Harrison County Juvenile Detention Facility contract.
Carl
Reddix, MD(Dr. C. Reddix) will be the Individual primarily
responsible for the administrative responsiveness and cost
accountability to the Harrison County Juvenile Detention
Facility.
Dr. C. Reddix is the Chief Executive Officer of
Health Assurance, L.L.C.
Presently, Dr. C. Reddix is the
Staff Physician at Hinds County Detention Center, Raymond,
MS, the Director of Jackson Hinds Comprehensive Health
Center,
Women Health Services and President of Reddix
Medical Group. Dr. C. Reddix received his Medical Doctorate,
20
427
MINUTES
428
MARCH 2004 TERM
in 1985, from Tufts University, School of Medicine, Boston,

MA and his Master of Public Health in 1984 from Harvard
University, SChool of Public Health, Boston, MA.
Our proposed Medical Director, Michael Reddix, MD(Dr. M.
aspects of our program, supervision of individual physicians
and nursing providers and will deal directly with Harrison
County Juvenile Detention Facility on any clinical issues
that may arise. Dr. M. Reddix is extremely familiar with
this type of health care system as he worked as the Medical
Director for Reddix Medical Group, Hinds County Detention
Center, Raymond, MS, Mississippi Methodist Rehabilitation
Home Health (1991-1997) and Bienville Medical Group,
Inc. (1991-1997).
Dr. M. Reddix received his Medical
Doctorate in 1984 from Tufts University, School of Medicine,
Boston, MA and his Master Public Health in 1984 from Harvard
University School of Public Health, Boston, MA.
Credentialing
HALLe will ensure that all health care personnel who provide
services to Harrison County Juvenile Detention Facility are
appropriately credentialed according to the licensure,
certification, and registration requirements of the State of
Mississippi.
Health providers will not perform tasks beyond
those permitted by their credentials.
HALLC will maintain
verification of current credentials for all professionals at
their corporate site and will provide documentation upon
request.
HALLC will provide written job descriptions
defining the specific duties and responsibilities of health
care professionals who will provide health care services to
Harrison County Juvenile Detention Facility.
4.
To implement a written health care plan with clear

objectives, policies and procedures and annual evaluation of
compliance.
5.
To operate the health care program by standards established

by the National Commission on Correctional Health Care
(NCCHC)
6.
To maintain an open and cooperative relationship with the

administration and staff of" the Harrison County Juvenile
Detention Facility.
21
MIN UTE 5
MARCH 2004 TERM
HALLCs' position with the Harrison County Juvenile Detention

Facility will be based on an open line of communication with
a two-way exchange of information.
We will be forthright in
identifying any problems within our own program and will
work diligently to correct and/or alleviate any problems.
HALLe believes that the sharing of information, both
positive and negative, is critlcal to the maintenance of a
successful relationship.
Our experience in contractual
health care has confirmed our belief that we should remain
fully cognizant of issues related to the health services
program, in order to remain proactive and accountable in
addressing deficiencies or problems as they arise.
HALLe has proposed a combination of administrative and
contract.
Carl Reddix, MD(Dr. C. Reddix) wlll be the
individual primarily responsible for the administrative
responsiveness and cost accountability to the Harrison
County Juvenile Detention Facility.
Dr. C. Reddix is the
Chief Executive Officer of Health Assurance, L.L.C .
Presently, Dr. C. Reddix is the Staff Physician at Hinds
County Detention Center, Raymond, MS, the Director of
Jackson Hinds Comprehensive Health Center, Women Health
Services and President of Reddix Medical Group. Dr. C.
Reddix received his Medical Doctorate, in 1985 from Tufts
University, School of Medicine, Boston, MA and his Master
Public Health in 1984 from Harvard University, School of
Our proposed Medical Director, Michael Reddix, MD(Dr.l.
aspects of our program, supervise individual physicians and
nursing providers (See Attachment #4 for Sample schedule) and
deal directly with Harrison County Juvenile Detention
Facility on any clinical issues that may arise Dr. M. Reddix
is extremely familiar with this type of health care system
as he worked as the MediCal Director for Reddix Medical
Group, Hinds County Detention Center, Raymond, MS,
Mississippi Methodist Rehabilitation Home Health (1991-1997)
and Bienville Medical Group, Inc. (1991-1997).
Dr. M.
Reddix received his Medical Doctorate in 1984 from Tufts
University,
School of Medicine, Boston, MA and his Master
Public Health in 1984 from HarVard University School of
22
,429
430
MINUTES
MARCH 2004 TERM
Monthly Review
HALLC will provide monthly communication between the
Harrison County Juvenile Detention Facility and HALLC
administration to identify health services operational
concerns and share information.
All meetings will follow an
agenda and provide briefings from the previous meetings.
Meetings held will be established on a mutually agreeable
day and time.
Statistical reports will be provided at each
meetings.
number of juvenile inmates receiving health services by
category of care (i.e., operative procedure, medication
utilization referral for outside procedures, etc.).
Annual Report
The annual report will provide a summary of health car-e
statistics to HALLC administrative staff, the Sheriff
of Harrison County and the Harrison County Board of
Supervisors.
The primary purpose of the report is to
gather and report statistics of provided health care
services to identify trends in health services usage. The
following information on the report will include but not be
limited to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
7.
Clinical Visits
Segregation Visits
Mental Health Referrals
Dental Visits
Intake Screening
Community Visits-Referral
Chronic Care Clinics
Pharmacy
Ancillary Services
On-Site Specialty Visits
To provide a comprehensive program for continuing staff

education at the Harrison County Juvenile Detention
Facility.
In-Service Training
HALLC will require that all health care staff participate in
basic in depth orientation(minimum of 40 hours to full time
health care providers) to the health services program.
Documentation of all training will be maintained on site.
All written policies and training program will be
established, approved and implemented by HALLC in
23
MINUTES
MARCH 2004 TERM

cooperation with Harrison County Juvenile Detention Center
to include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
8.
Written policies and defined procedures

Mission of the Institution
Relevant security policies and procedures
Response to facility emergency situations
Staff members functional position description(provided
on request)
Juvenile inmate-staff relationships
Privacy requirement and confidentiality of information
Infection control
Transportation procedures for transferring juvenile
inmates
Other pertinent issues
a.
Signs and symptoms of an emergency
b.
First Aid and CPR Training
c.
Methods of obtaining emergency care
d.
Signs and symptoms of mental illness
To maintain a complete Quality Assurance system with

accurate records of care and to collect and analyze health
statistics on a regular basis.
Ouality Assurance
HALLe will implement a Quality Assurance Plan that will

include, but not limited to, audit and medical chart review
procedures which meet American Correctional Association
standards.
Our program will be monitored by the QA
Committee chaired by our site Administrator, a
representative from Harrison County Juvenile Detention
facility, and any other person deemed appropriate by the
parties concerned.
The Quality Assurance Committee will
review the total operation of the healthcare unit and off
site services.
Specifically HALLCs' Quality Assurance will
include several attributes that are unique to correctional
health care management.
1.
2.
3.
4.
Monitoring Standards of Care Compliance

Statistical Reviews
Outside Agent for Peer Review
Assessment for Documentation
1.
Understanding in the medical community if it is
not written down then it is not done i.e. having
consent form sign, allergies documented, instruct
npo ...
24
431
MINUTES
MARCH 2004 TERM
5.
Monitoring of Medical Orders to Facility Administration

for Infection Control Protocol
1.
MRSA Control
2.
Restraint Monitoring (prevents liability issues)
Quality Assurance's report will be discussed in the

quarterly administrative health service rneetinq.
The
Quality Assurance medical program will further' include:
Regular committee meetings
Policy and procedure review committee meetings
Pharmacy committee meetings
Quarterly statistical management reporting
Healthcare staff meetings
Safety, sanitation and infection control meetings
Consist of regularly scheduled chart review
Include peer review by an outside agent
To provide corrununication between Harrison County Juvenile
Detention Facility staff and HALLC administration, meetings
will be held quarterly.
The agenda of the staff meeting
will consist of announcements, old business, new business
and adjournment.
HALLC will make arrangements tor meeting,
assure minutes are prepared and sign in sheet is maintained
documenting attendance, post meeting minutes prior to the
next schedule meeting and maintain copies of all minutes.
HALLC's medical director and health care staff will review
the services being provided at each site monthly, which will
include the quality of health records, treatment, adequacy
of treatment plans initiated by staff, completeness and
legibility of the medical records and administration of
medications. Statistical reports will be provided at each
meeting.
number of juvenile inmates recel-ving health service by
category of care (i.e., operative, procedure, medication
utilization, referral for outside procedures, etc.).
The
following components are specifically monitored by HALLe:
25
MINUTES
MARCH 2004 TERM
l.
2.
3.
4.
S.
6.
7.
8.
Adherence to policy and procedure manual

Medial Director responsibilities
Medication administration
Chronic diseases
Contagious diseases
Chart audits
Maintenance of equipment
Suicide prevention
HALLC is committed to an emphasis on cost-effective and

cost-efficient delivery of quality healthcare services, and
will demonstrate accountability through routine weekly,
monthly and quarterly reporting of key indicators of the
program.
Additionally, we will conduct frequent executive
meetings between the HALLC and Harrison County Juvenile
Detention Facility which further enhanced accountability and
communication to ensure a collaborative and cooperative
effort.
HALLC will utilize a managed care model with an
extensive utilization review program.
The quality
improvement initiative and the utilization management
program are current to the health care industry at large,
further tailored to your environment and are consistent with
standards presently in use in Harrison County Juvenile
Detention Facility facilities, and other healthca~e setting
th~oughout the nation.
HALLC has designed and implemented an effective and
efficient medical reco~d compliance which is in compliance
with ACA and NCCHS Standards and is an essential components
in HALLC' healthca~e program. HALLC assures the
completeness, accuracy and accessibility of each juvenile
inmate's medical record and in such complies with the Health
Insurance Portability and Accountability Act(HIPPA)_
Health Insurance Portability and Accountability
HALLe will comply with the Health Insurance Portability and

Accountability rules which require specific methods of
handling the protected health information of clients.
HALLC
will assure compliance by:
Developing specific policies and procedures regarding
HIPAA requirements ensuring that all internal policies
are in compliance with state and federal laws
Determining the minimum necessary access to health
information
Providing training for current and future personnel on
the aforementioned policies and procedures
26
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434
MIN UTE S
MARCH 2004 TERM
Providing notice of privacy practices to all inmates

Obtaining HIPAA compliant agreements with all business
associates
Obtaining a sign authorization each time information is
released per request
All activities and communications relating to inmate health
care will be maintained in a privileged and confidential
manner.
This includes minutes, monitoring and evaluation
activities, complaints and other data.
All information
generated will be marked privileged and confidential and
will be handled with customary confidential practices.
Medical records will be maintained in the healthcare unit of
the facility.
Audits of medical records will be done on a
regular basis by the management ofHALLC.
Medical records
will include not be limited to the following information:
Completed receiving screening form
Health appraisal data forms
Findings, diagnosis, treatment, dispositions
Prescribe medications and administration
Lab, x-ray and diagnostic reports
Consent and refusal forms
Release of information forms
Place, date, and time of health encounters
Problem list
Dental record
Mental health record
Security of Health Records

HALLC will maintain the medical record separately from the
inmate's confinement record.
controlling access to a juvenile inmate's medical record
will be established with management of the Harrison County
Juvenile Detention Facility.
Informed consent standards
apply to all examinations, treatments, and procedures with
the exception of emergency treatment where informed consent
is implied, situations with advanced directives, and the
treatment of communicable diseases.
HALLCs' medical health
care mangers will review all test results, lab reports,
consultant's report prior to being filed in the medical
record.
Upon treatment of the juvenile inmate the medical record
will be immediately filed.
regarding the transfer of medical record information will be
written.
Inactive records will be maintained in accordance
with Mississippi law and HALLC policies and procedures.
27
MINUTES
435
BOARD OF SUPERVISORS, HARRISON COliNTY, MISSISSIPPI
MARCH 2004 TERM
Should the courts serve HALLC and medical information is

required, a designated official with a proper subpoena or
request, from the Harrison County Juvenile Detention
Facility will be notified immediately of the service and/or
request.
Records will be made available immediately upon
approval by the Harrison County Board Attorney.
I
9.
To operate the health care program in a humane manner with

respect to the inmate's right to basic health care services.
Health Assurance, LLC will operate the health care program
at the Harrison County Juvenile Detention Facility in a
humane manner with respect to the inmate's right to
medically necessary health care services.
III .
COSTS
For and in consideration of the sum of Nine Thousand Dollars

($9,800.00) per month, paid to HALLC by Harrison County, HALLC
agrees to provide the medical care and services set forth in this
contract to juvenile inmates, with a per diem of $1.89 per inmate
in excess of 55 juveniles per day.
WITH THE EXCEPTION:
The financial liability of HALLC for the medications for

inmates with HCV, HIV, and AID, and transplant recipients under
the terms of this contract shall be limited to a total of
$100,000.00 annually.
Should the standard of care require
pharmacy costs in excess of $100,000.00 annually, Harrison County
will maintain financial responsibility for all pharmacy costs
exceeding $100,000.00 annually.
IV.
RELATIONSHIP OF THE PARTIES
(a)
It is expressly acknowledged by the parties hereto that

no relationship of employer and employee or of
principal and agent is created by this Agreement
between Harrison County and HALLC, or between Harrison
County and any agent, representative or person employed
by HALLC.
It is understood and agreed that HALLC, its
physicians, psychiatrists, nurses and all employees or
agents are at all times acting and performing as an
independent contractor.
It is further understood and
agreed that in the performance of his or her work and
duties, each nurse, or physician, psychiatrist and
28
436
MINUTES
MARCH 2004 TERM
performing as an employee or subcontractor of HALLe.

The county shall not have or exercise any control or
direction or any right of control or direction over the
methods by which HALLC shall perform its work and
functions; the sole interest and responsibility of the
County is to ensure that the Services shall be
performed and rendered in a competent, efficient,
timely, cost effective, professional and satisfactory
manner. Any complaints or suggestions regarding
performance of duties by (i) HALLC employees at the
Juvenile Detention Facility should be made by County
personnel to supervisors at HALLC, not to the employees
of HALLC performing direct duties hereunder, or (ii)
the Juvenile Detention employees, shall be made by
HALLe supervisors to the Sheriff, not to the employees
of the Juvenile Detention facility.
Ib)
No person employed by HALLC performing services

pursuant to this Agreement shall have any claim
whatsoever under this Agreement or otherwise, against
Harrison County for salary or wages, vacation pay, sick
leave, retirement benefits, life insurance benefits,
Social Security, workmen's compensation, disability,
unemployment benefits, or any other employee or fringe
benefits of any kind.
HALLC shall be fully responsible
for any and all compensation and other employee or
fringe benefits due each person employed by HALLC for
services rendered by each person under this Agreement,
and HALLC shall indemnify and hold the County harmless
from any claim for any such person for benefits or
compensation, direct or indirect, arising out of the
services performed by any person under this Agreement,
and from any and all claims for any taxing entity for
payment of any employment tax or withholding (including
but not limited to FICA taxes (Social Security), income
tax withholding on wages and unemployment insurance
taxes, and interest and penalties thereon) payable with
respect to such compensation.
In the event that the
Internal Revenue Service or any other governmental
agency or any person should question or challenge the
independent contractor status of HALLC, both parties
hereto shall have the right to participate in any
discussion, negotiation or litigation with such agency
or persons over such question or challenge.
29
MINUTES
MARCH 2004 TERM
V.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and insure to the benefit of
any successor to the parties hereto, and such successor shall be
deemed substituted for the appropriate party, under the terms of
this Agreement. As used in this Agreement, the term "successor"
shall include any persons, firm, employer or other business
entity which at any time, whether by merger, purchase or
otherwise, acquires all or substantially all the assets of the
business of such party.
VI.
The parties hereto hereby expressly acknowledge that it has been

and continues to be their intent to comply fully with all
federal, state and local laws, rules, and regulations.
In the
event of any legislative or regulatory change or determination,
whether federal or state, that has or would have a significant
adverse impact on either party hereto in connection with the
performance of its obligations, or should either party be deemed
for any reason in violation of any statute or regulation arising
from this Agreement, this Agreement shall be negotiated to comply
with the then current law.
VII.
TERM
This Agreement shall have a term of two (2) years beginning April
4, 2004 and ending April 4, 2006.
This Agreement may be renewed
for terms of one (1) year upon mutual accord of the parties, a
Resolution by the Harrison County Soard of Supervisors, and by
written, executed renewals mutually acceptable to the parties.
VIII.
TERMINATION
This Agreement may be terminated in accordance with the following

provisions:
(a)
Upon ninety (90) days written notice by either party to

the other party at any time with or without cause.
30
437
438
MINUTES
MARCH 2004 TERM
IX.
INSURANCE
(a)
Liability Insurance
HALLe covenants to furnish, and it is understood and agreed that

HALLC shall procure at its own expense, and maintain in force
throughout the entire term of this Agreement, including any
renewal terms, General Liability, Professional Liability, and
Medical Malpractice Insurance in the amount of $1 million per
occurrence, and $3 million aggregate, insuring all claims that
may arise out of the courSe and scope of this Agreement.
Harrison County, Mississippi, the Sheriff of Harrison County,
Mlssissippi, and all employees of Harrison County and elected
officials of Harrison County, including but not limited to all
persons under the supervision or control of the Sheriff of
Harrison County, shall be additional named insureds on the
aforestated Liability Insurance Policy. As between Harrison
County's Liability Insurance coverage and HALLC's Liability
Insurance coverage, HALLC's Liability Insurance Policy shall be
primary; and Harrison County's Liability Insurance Policy shall
be excess.
HALLC shall furnish the Sheriff of Harrison county
with original certificates of its insurance policy obtained in
compliance with this Section.
The Harrison County Administrator
shall be furnished with a copy of said policy.
Such certificate
shall be furnished on or before the commencement of HALLC's
operations pursuant to this Agreement.
HALLC shall require its
insurance carrier to notify, in writing, the Harrison County
Administrator of any changes, endorsements, amendments or
cancellations of such insurance policies at least ten (10) days
prior to the effective date of such change.
All HALLC's
insurance policies shall be written by an insurance company or
companies authorized by the Commissioner of Insurance of the
State of Mississippi to do business in the State of t1ississippi.
HALLC herein promises and covenants to pay on demand any
deductible amount or self insured risk required by said insurance
company and/or any insurance policy of Harrison County which may
be utilized by any person, company or other entity on any claim
made against Harrison County, or the Sheriff of Harrison County
as a result of any service from or related to this Agreement.
Should HALLC's insurance carrier withdraw coverage or become
insolvent, all claims, litigation costs, attorney fees and any
judgment or settlement money will be paid by HALLC.
31
MINUTES
MARCH 2004 TERM
X.
INDEMNITY
HALLe agrees to indemnify and save harmless Harrison County, and

its Sheriff, respective supervisors, agents, officers, employees,
and directors from and against any and all liability, loss,
damages, interest, judgments and liens growing out of any and all
costs and expenses (including, but not limlted to, reasonable
attorney fees and disbursements) arising out of or incurred in
connection with any and all claims, demands, suits, actions or
proceedings, which may be brought against Harrison County by
reason of, or as the result of:
a.
Acts or omissions of HALLC, its agents, servants, or

employees related in any way to or while in the
performance of this Agreement.
b.
Any act or omission, conduct or misconduct, of HALLC;

its agents, servants or employees not included in the
paragraph above and for which the County, its agents,
servants, or employees are alleged to be liable.
XI.
AUDIT
Harrison County reserves the right, at its own cost and expense,
to audit HALLC's books and records at any time for the purpose of
verifying compliance with this Agreement.
For the purposes of
conducting such an audit, HALLC, shall make its books, documents
and records available to Harrison County upon thirty (30) days
prior written notice.
If HALLC carries out any of the duties of
this Agreement through a subcontractor, havlng a value of cost of
Ten Thousand Dollars ($10,000.00) or more, over a twelve (12)
month period, HALLe shall require such subcontractor to make its
books, documents and records available for audit by Harrison
County.
XII.
COMPLIANCE WITE LAWS
HALLe shall comply with all laws and rules and regulations of the
United States of America and the State of Mississippi, applicable
to HALLC's responsibilities under the terms and conditions of
this Contract.
such compliance shall include but not be limited
to the maintaining and providing of any records required by any
feder~l or state agency.
32
439
440
MINUTES
MARCH 2004 TERM
XIII.
GOVERNING LAW
This Ag,eement shall be governed by the laws of the State of

Mississippi.
XIV.
NOTICES
(a)
Notices to HALLC shall be sufficient if sent by

Certified Mail, Return Receipt Requested, Postage
Pre-Paid, addressed to:
Dr. Carl M. Reddix, CEO
P. O. Box 14212
Jackson, MS 39236
(b)
Notices to Harrison County shall be sufficient if

sent by Certified Mail, Return Receipt Requested,
Postage Pre-Paid, addressed to:
Pam Ulrich
Harrison County Administrator.
P. O. Drawer CC
Gulfport, MS 39502
xv.
SEVERABILITY
In the event any term or provision of this Agreement is found to

be unenforceable or void, in whole or in part, as drafted, then
the offending term or provision shall be construed as valid and
enforceable to the maximum extent permitted by law, ane! the
balance of this Agreement shall remain in full fOrce and effect.
33
441
MINUTE BOOI{
MARCH 2004 TERM
IN WITNESS WHEREOF, the parties have executed this

Agreement on the date stated herein.
HEALTH ASSURANCE, LLC
BY:
CARL M. REDDIX, M.D., CEO
Sheriff of Harrison County,

Mississippi
HARRISON COUNTY BOARD
OF SUPERVISORS
Bobby Eleuterius, President
Larry Benefield
Marlin Ladner
William Martin
Clerk of the Board
Connie Rockco
34
442
MINUTES
MARCH 2004 TERM

AYE
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Supervisor CONNIE IVI. ROCKCO voted
AYE
~I
443
MINUTES
MARCH 2004 TERM

ORDER APPROVINCi DENTAL SERVICE CONTRACT EXTENSION FOR
THE PERIOD OF ONE YEAR WITH DR. ROBERT A. LEFEVE TO
PROVIDE DENTAL CARE AT THE HARRISON COUNTY ADULT
DETENTION CENTER. THE WORK CENTER, THE TEMPORARY LIVINCi
CENTER AND THE HARRiSON COUNTY JUVENILE DETENTION
CENTER AT A RATE OF $3,296.00 PER MONTH, AND
AUTHORIZINC THE BOARD PRESIDENT TO EXECUTE SAME

Board does HEREBY APPROVE dental service contract extension for the period of one year
with Dr. Robert A. Lefeve to provide dental care at the Harrison County Adult Detention
center, tile work. center, the TempOrary Living center and the Harrison County Juvenile
Detention Center at a rate of $3,296.00 per month. It Is further,

ORDERED that the Board does HEREBY AUTHORIZE the Board president to execute the
aforesaid contract, same being as follows:
444
MINUTE BOOK
MARCH 2004 TERM
.1
STATE OF MISSISSIPPICOUNTY QF HARRISON

DENTAL SERVICE CONTRACT EXTENSION
THIS DENTAL SERVICE CONTRACT EXTENSION (hereinafter "the
Contract") is made and entered into on the date hereinafter given
by and between Harrison County, Nississippi, through its dUly
elected Board of Supervisors (hereafter "the Board") and Dr.
Robert A. Lefeve (hereinafter "Dentist").
WHEREAS, the Board is contracting with Dentist to provide
dental care at the Harrison County Adult Detention Facility, the
Work Center, the Temporary Living Center, and the Harrison County
Juvenile Detention Center (hereinafter "the Facilities") located in
Harrison County, Mississippi, which require the professional
medical services of Dentist; and
WHEREAS, the Board and Dentist deslre to enter into a Contract

extension for Dentist to provide dental care at the Facilities; and
WHEREAS, the parties desire to reduce their agreement
understanding to a written Contract extension.
and
NOW THEREFORE, for and in consideration of the mutual covenants

and agreements herein contained, the parties agree as follows;
WITNESSETH:
1.
Term and Renewal Terms.
This Contract extension shall
become effective as of
("the effective
date") and shall remain in effect for an initial period of one (1)
year from such effective date. The parties, by mutual agreement,
may thereafter extend this Contact as they may mutually agree.
2. Dental Facility Staffing. Dentist covenants and the Board

agrees, that Dentist will have the responsibility for furnishing,
on a less than 20 hour per week basis, competent dental service at
the Facilities.
Dentist
shall
furnish
the
following
services
to
the
prisoners/inmates and to certain other persons under custody of the
Sheriff of Harrison County and persons under the custody of
Harrison County Nental Health, housed at the Transitional Living
Center, such services to include the following:
MINUTE BOOI{
445
MARCH 2004 TERM
I
a.
Examination of inmates as required and supervision of
dental services rendered to inmates incarcerated in the Harrison
County Detention Center (hereinafter "HCDC"), the Wo:r:k Center
(hereafter ~WCU), and those individuals housed at the Transitional
Living Center (hereafter ~TLCU).
b.
Dentist shall establish and maintain a system for the
compilation of such statistical data, in the form and manner as the
Dentist
and
the
Sheriff
deem
appropriate,
concerning
the
examination, care and treatment of the individuals as herein
provided and report on such data to the Sheriff of Harrison County
on a bimonthly basis.
c.
The Board will furnish all supplies and equipment
necessary for Dentist to provide the services contemplated under
this Contract.
3.
Regulatory Requirements.
The services contemplated under
the provisions of this Contract shall at all times be rendered by
Dentist in compliance with the applicable status, regUlations,
rules and directives of Federal, State and other governmental and
regulatory bodies.
4.
Independent Contractor.
The Dentist shall at all times
act as
independent contractor to the Board in performing
professional services under this Contract. This Contract shall not
be constructed to benefit or to create any rights in any third
parties.
Dentist shall not be eligible for any employee benefit
programs of the Board and Dentist shall not have any clabo under
this Contract otherwise against the Board for vacation pay, sick
leave, retirement benefits, social security, worker's compensation,
disability or unemployment insurance benefits, or any other
employee benefits of any kind. Except as otherwise required by law,
Dentist shall not be under the direction or supervision of the
Board in performance of his duties.
5.
Credentialing, Qualifications and Peer Review.
Dentist
represents to the Board he is duly licensed to practice dentistry
(unrestricted) in the State of Mississippi; holds a current
narcotics permit, has billing numbers for Medicare and Medicaid so
as to allow bills for Dental services to be paid for by those
programs, if applicable, Dentist shall participate, as may be
reasonably, in medical audits, incident inquiries and
-2-
44f)
MINUTE BOOI{
MARCH 2004 TERM
investigations,
professional
standard
review
inquiries
and
investigations, disciplinary proceedings and other formal an
informal reviews of the standards of medical care provided by the
Dentist.
6.
Insurance.
The Dentist shall carry or cause to be
carried professional liability insurance on Dentist in the amounts
of less than $1,000,000 per occurrence, 53,000,000 aggregate. The
Dentist shall also purchase for a reporting endorsement (i.e., tail
coverage) for departing Dentist providing insurance in the amounts
set forth above for all acts and/or omissions of dentist occurring
in the course of providing services under this Contract, regardless
of when the claim is made. A certificate of insurance evidencing
such coverage shall be provided by the Dentist.
7.
Termination.
expiration as follows:
This Contract may be terminated prior to
a. The parties hereto may terminate this Contract by

mutual written agreement by their duly authorized
representatives.
b.
Either party may terminate this Contract without
cause or termination penalty, by giving written notice of
termination at least thirty (30) days prior to the effective date
of the termination.
Notwithstanding the termination rights set forth in Paragraph
8, termination of this Contract shall not release and discharge
liabilities of obligations previously accrued or incurred,
specifically any obligation or defense, payment. or indemnification
which may arise due to actions or inactions of either party prior
to the termination of this Contract.
8.
Dentist Service Fees.
a.
As compensation for the dental coverage and management
services, the Board shall pay Dentist the sum of $3,296 per month
for on-site dental services. Weekend calls or other emergency calls
over and above the contemplated 20 hour work week, shall be
compensated at the rete of $28 per hour. The Board shall specify
which days are considered as Holidays, Holiday service pay will be
calculated on the hourly rate of $28. Payment for these services
shall be in one (1) monthly payment, due after the first Monday of
each month for service performed during the preceding month.
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44""1
MINUTE BOOI<
MARCH 2004 TERM
I
b.
The Board shall not be responsible for any personal or
professional expenses of the Dentist, including, but not limited
to, membership and license fees and dues, secretarial Services,
application fees, and background checks.
9.
Substitute Dentist.
Dentist
shall provide
for
a
substitute Dentist reasonably acceptable to the Sheriff and Board,
to be on call for performance of the duties under this Contract
during periods of Dentist's unavailability.
10.
Entire Contract and Binding Effect. This Contract
constitutes the entire Contract between the parties with respect to
the subject matter hereof and all negotiations and prior
understandings and contracts relative to the subject matter of this
Contract and hereby superseded by this Contract.
This Contract
shall bind and benefit the parties hereto and their respective
successors, but shall not be assigned by either party. This
Contract may be amended only by mutual written agreement between
the Board and the Dentist.
11.
Excuse for Non-Performance.
Neither party shall be
liable or be deemed in breach of this Contract for any failure or
delay of performance which results, directly or indirectly, from
acts of God, civiI or military authori ty, public dis turbance,
accidents or other casualty, strikes or other, work interruption,
fires, or any other cause beyond the reasonable control of either
party.
12.
Regulatory Changes.
If either party shall become
aware, through changes in any law or regulation or otherwise that
any term of this Contract is unlawful or may subject the Board or
Dentist to regulatory review Or other exposure on the basis
thereof, then either party may notify the other of such potential
exposure and the parties shall then use their best efforts or
negotiate the terms of this Contract to eliminate or otherwise
address the risk in issue.
If the parties are unable to
renegotiate the terms of this Contract in a mutually acceptable
manner to address the risk of exposure in issue, then this Contract
shall terminate thirty (30) days after the day of that notice of
the potential exposure was first given.
~4-
448
MINUTE BOOI<
MARCH 2004 TERM
I
WITNESS the signatures of the parties,
this the
day of
-----,--"
HARRISON COUNTY
BOARD OF SUPERVISORS
DR. ROBERT A. LEFEVE
BY:~~_
BY:
-5-
44g
MINUTES
MARCH 2004 TERM

Supervisor MARLIN R. LADNER seconded the motion to adopt tile above and
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MIN UTE S
450
MARCH 2004 TERM

supervisor LARRY BENEFIELD moved adoption Of the following:
ORDER CONCURRING WITH THE HARRISON COUNTY SCHOOL
DISTRICT IN 16TH SECTION LAND LEASE ACREEMENTS, AND
AUTHORIZING THE BOARD PRESIDENT TO EXECUTE SAME, AS
LISTED
Board does HEREBY CONCUR wIth the Harrison county school District in 16th section Land
Lease agreements, and does HEREBY AUTHORIZE the Board president to execute same, which
are as follows:
4~d
MINUTES
MARCH 2004 TERM
LEASE WliH GULF COAST RESTAURANT HOLDINGS, LLC
COMl\1ERCIAL 16th SECTION LAND

LEASE AGREEMENT
(Amol,tization Rent)
COUNTY OF HARRISON
TII
SECTION LAND LEASE AGREEMENT,

THIS COMMERCIAL 16
(hereafter "Lease AgreeJll~nt"), made and entered into this the 1lli! day of February
lQQ:! by and between the HalTiso" COUl.ty 3"hoo] District, (hereinafter "LESSOR"),
who,e address is 11072 Highway 49, GlIlfjJOrt, Mississippi, 39503, telephone number
(228)5JY-6500 and, Gulf Coast Restaurant Holdings. I J.C (hereinafter "LESSEE"),
whose address is 24619 Oak Island Drive, Pass Christian, MS 39571. telephene number
(228) 323-1427
WITNESSETH:
That, for the tCl1h and ill consideration of tlte rentals hereinafter set forth, amI the
covenants, conditions, and by the authority aUtI un,ler the direction of the HalTison
County Sc1lQol District, as recorded in Minute Book
Pagc __ ~_ _~,
LESSOR does hereby lease and rent unto LESSEE the followmg llesctibed lanu
(hereinafter call<>.[ "subject property") to-wit:
S.eetion 16 - Township - Range
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED BY REFERENCE AS IF COPIED fULLY HEREIN.
1.
Tenn. S~bJect to the ou.er provi~ions herein contained, the tCfill of this Lease
Agreement shall be for forty (40) years, begitming tile 2,,,1 day of Fcbmm-y 2004.
and ending UJ) the I.t day of Febluary 2044 (called the "plimary term"). It lS
expressly agreed and understouu by all the parties hereto that part of the
consideration given for the execution and delivery of this inSllUlllellt is that
LESSEE is hcreby granted an option to renew this Lease Agreclllcnt for an
additiunal "secondary tenn" of twenty-five (25) years from Februmy 2nd 2044,
IInder the same terms, cUllllitions, and stipulations set fOlth herein, except the
annual rental shall be bosed upon the fair market value of the land, excluding
buildings and improvements not tllen owned by lhe LESSOR, as detcnuined by a
qualified appraiser selected by LESSOR hereto who perfol1llS his or her appraisal
not more than twelve months and not less than three months prior to the
expnatian of the initial primary tenn. LE::;SEE shall excrcise said option to
renew for the additional secondary tem. of twenty-fIve (25) years by notifying
LESSOR in writing no less thall twelve (12) months in advance 01' the expiration
of the primary term and by tendering the determined aIillual rental to LESSOR at
jt~ above-stated. addrc:is prior to the expiration of the initial primary term as
maybe required by stalute. Th<. cast of the new appraisal shail be borne by the
LESSEE. A new lease shall be executed to effectuate the renewal tenIl.
2.
Annual Rent. LESSEE covenants and agrees to pay as renl to LESSOR the sum
of Forty U10usand one hundred and six uullars ($40,1 06.00) Dollars per annnm,
on or before the alUliversary of this lease each year; provided, however, that the
payment of rent for the first year of this lease shall be due at the tiITW of apptoval
by the HouisonCounty School District. In the event of termination or
eancellatlotl any rental payment wade shall be non-refundable. Rents shall be
readjusted periodically pur""nt to the rent adjustment clause contained in
Paragraph 3 of this lease. In the event LESSEE is delinqucnt III the payment of
I~nt, LESSEE shall pay a late charge equal to fifteen percent (15%) oflhe amount
of rent past due for more than JO days and thereafter shall pay interest on any rent
past due at an annual rate (the "Default Rate") equal to the maxilll.um rate then
allowed by law or, If there is no maximum fH(e, then a rolc equol to the percent
per alllJUl\1 ahove Ule discount rale, excluding any surcharge thereon, on ninety-
45:2
MINUTE BOOI<
MARCH 2004 TERM
COMMERCIAL 16'h SECTION LAND

LEASE AGREEMENT
PAGE 2
day commercial paper in effect at the Federal Reserve Bank in the Federal
Reserve district in which the LESSOR is located, calculated according to the
actuarial method.
3.
Amortization Rent Adjustment.

year rental amount.
The base year appraisal shall serve as the first
From the second, third, fourth and fifth year rent the rent
shall increase three percent (3%) of base compounded each year. The sixth,
seventh, eighth, ninth and tenth year the rent shall increase four percent (4%)
compounded each year, For the eleventh through the fortieth year, the rent shall
increase five percent (5%) compounded each year. A rent schedule payment plan
sball be attacbed to tbis lease agreement.

ln the event the reut adjustment section of this lease agreement shall be declared
inadequate for any reason whatsoever by a court of competent jurisdiction, suc.h
declaration shall not affecI Or be construed to affect the validity of this lease
agreement, but the lease agreement sball continue in full force and effect and be
binding on tbe parties, subject only to the established of a rent.1 adjustment
section that, in the opinion of the appropriate
COUl1
having jurisdiction l meets the
requirements of Miss. Code Ann., Section 29-3-63 and Section 29-3-69 (1972)
presently in effect.
MINUTE BOOI<
MARCH 2004 TERM
COMMERCIAL 16'" SECTION LAND

LEASE AGREEMENT
4.
Taxes.
PAGE3
LESSEE covenants and agrees to pay any and all general and special
ta~es and assessment.s, if ever any there be, applicable to the above-described
property and LESSEE'S interest therein; further, LESSEE covenants and agrees
to pay any and all survey costs and recording fees in connection with this Lease
Agreement or any other fees sO detelmincd by law. All payments for general and
special taxes and assessments shall he made directly to the govenlmclltal
authority responsible for collecting such taxes and assessments. During the final
year of the lease term, LESSOR or the govemmental authority responsible for
collecting taxes and assessments may require payment of any such tax.es or
assessmellts in advance or require that other security be given to insure that taxes
will be paid when due. tn tlle event it becomes necessary for the County Tox
Collector or any other authority responsibte for collecting general and speci"l
taxes or assessments to retain the services of attorneys to collect any taxes or
assessments duc from LESSEE under this lease, then LESSEE agrees to pay all
costs and expenses of such actions or collections, including
reasonable
attorneys' fee for the County Tax Collector or such other authority responsible for
collecting said taxes or assessments.
5.
Default. The parties herein expressly agree thai if DEFAULT shall be made in
the payment of any general or special tax o! a~sessment or rent due) made
pursuant to this Lease Agreement, then and in any event or DEFAULT it shall be
lawful for the LESSOR to enter upon the subject property, Of any pmt thefeol;
after LESSOR has provided si~ly (60) days prior written notice \0 the LESSEE
and upon LESSEE'S failure to cure such DEFAULT within s"id si~ty (60) days,
either with or without the process of law, to re-enter and repossess the same, and
to distrain from any rent or assessment that may be due thereon, at the election of
the LESSOR, but nothing here is to be construed to mean that LESSOR is not
pennilted to hold LESSEE liable for any unpaid rent or assessment to thot time.
As to all other conditions, covenants, and obligations imposed on LESSEE herein,
enforcement shall be by proceeding at law or in equity against any person
violating or attempting to viol~te said conditions, covenants, and obligations to
restrsln violation and reCover damages, if any, including reasonable expenses of
Wigation including but not limited to fees charged by attorneys, expelt witnesses,
survcyors and appraisers, which LESSEE expressly agrees to p"y. Sud,
enforcement by proceedings at law or in equity may be institutcd at any tune ailer
thirty (30) days written notice. Enforcement proceedings shall include the light nf
the tax cullector to recover any tax, assessment, fees and costs.
6.
Remedies.
[n the event of any FORFE1TURE, DEFAULT, OR
CANCELLATION of this Lease Agmement or termination of the ternl thereforc
aforesaid, said LESSEE shall quit, deliver up and sun-ender possession of the
subject property, and all LESSOR -owned structurcs and improvemcnts thereon to
the said LESSOR, and thercupon this Lease Agreement and all agreements and
covenants on t110 LESSOR'S behalf to be perfonned and kept, shall cease,
tenninate, and be utterly void, the same as if the Lease Agreement had
110t
been
made. At LESSOR'S option LESSEE shall be required to remove all LESSEE

owned improvements. ln addition thereto LESSOR shall be entitled tn whatever
remedies it may have at law or equity for the collection of any unpaid rental
hereunder. or for any other sums, for damages or othclwise, that it may have
sustained on account of the LESSEE'S nonfulfillment or nonperformance of the

terms and conditions of this Lease Agreement including costs fo! removing
LESSEE owned improvements.
Immediately upon the temlination or this Lease Agreement, whether by

FORFElTURE, DEFAULT, or CANCELLATION, LESSOR shall be entitled to
take possession of the subject property and all LESSOR- owned improvements
thereon absolutely, and custom, usage, or law to the contrary notwithstanding.
Any removal of property from the subject property shall be accomplished so as to
teave the subject property in a condition satisfactory to LESSOR. At LESSOR'S
option LESSEE shall removc all of the LESSEE'S property within one hundred
MINUTE BOOI<
MARCH 2004 TERM
COMMERCIAL 16 th SECTION LAND

LEASE AGREEMENT
PAGE 4
and eigllty (180) days of the said event. LESSEE shall be subject to the accrual of
rent during said within one hundred and eighty (180) day period.
7,
Curing Default, Notwithstanding any provisions ()[ this Lease Agreement

containing a DEFAULT provisi()I1, any present or future holder of a mortgage or
deed of trust securing money loaned on tbese facilities, shall have the right of a
thirty (30) day notice of defaolt within which to Cure any DEFAULT which may
be cured by the payment of money. In addition, for any other DEFAULT for
which a forfeiture of said Lease Agreement may be invoked, such holder of snch
mortgage Or deed of trust shall be entitled to a notice in writing of the claimed
DEFAULT and shall have a reasonable time, which 'hall not be less than Thirty
(30) days, to either require the correction of such DEFAULT or in Jieu thereof to
protect itself through the exercise of it power of sale and tht:reby ncquitel:l
leasehold in the SUbject property and correct such DEFAULT. LESSEE hereby
cuvenants aod af,'rees to notify LESSOR of the existence of all such mOl1gages,
deeds. of trust other secured encumbrances and that} in the 'absence of suc.h notice}
LESSOR has nO obligation whatevef to notify any such holder of said
encumbrance.
8.
Msignment. LESSEE shall hflve the full right and authority to lease, sell, assign,
transfer, andlor convey to othefs this Lease Agreement in whole and (0 encumher
the same. However, any lease, assignment, transfer or conveyance shall be subject
to the plior written consent of LESSOR \\'hich shall not he unreasonably
withheld. and to the reqllired consent and additional requirements, if any) of tlle
Secretary of State of the State of Mississippi or other applicable government
officials.
9.
Regulatory Compliance, LESSEE shall comply with all applicable laws, rules,
and regulations concerning LESSEE'S use of the property andlor obligations
under this instrument. This obligation shall include, but not be limited to,
compliance with federal, state and local envimnmental regulations concen1ing the
air, water and soil} endangered spedes, wetlands} and other laws, rules amI
regulations that may pfesently exist or hereafter be adopted. III the eveot of
contamination of the air, wakr or ~oils arising out of any LESSEE use, LESSEE
shall be responsible for all mandated remediation nnd monitOling with this
obligation to survive temlination of this Lease Agreemeot. Notwithstaoding the
requife1nents of this paragraph LESSEE:
(a)
Will not use, generate, manufacture, produce, store, release. discharge or

dispose of on, under or about the subject property or transport to or t;-om
the subject prope!1y any hazantous substance or pollutant (as either mllY
be defined by ilny present or future laws or regulations of any
governmental authodty or by any administrative or judicial decisions) or
any solid wastes and will not allow any other person to do so.
(b)
Shall keep and maintain the subject property in compliancE with and shall
not cause or penni! the subject property to be in violation of any
environment laws or regulations nor any laws or regulations peltaining to
the disposal of solid,. liquid, or gaseous wastes, both hazardous, and nonhazardous,
(c)
Shall give prompt written notice to LESSOR of:
(1)
Any proceeding or inquily by any governmental authority with
respect to the presenc,e of any solid wastes or hazardous substan~e on the
subject property or the migmtion there.offrom or to other property;
(2)
All claims made or threatened hy any governmental authority with
respect to the presence of any solid wastes or hazardous substance On the
subject properly or the migration thereof fronl 01' to other propet1y.
455
MINUTE BOOI{
MARCH 2004 TERM

LEASE AGREEMENT
(3)
LESSEE'S discovery of any
PAGE 5
OCCUlTcnce
or condition that would
cause the leased premised to be subject to any restrictions on the

ownership, occupancy, transferability or use of the subject property under
any environmental or solid waste disposal law, regulation, ordinance or
ruling.
lO.
Envirorunental Accidents. LESSEE shall immediately furnish written notice of

all spills, leaks, accidents or similar matters on the premi"es to LESSOR at the
address provided in this instrument. LESSEE shall also furnish LESSOR a copy
of all filings, including but not limited to, concerning environmental issues,
required bylaws, rules or regulations arising out of any spills, leaks, accidents, or
other matters arising out of the usc and occupation of the premises by LESSEE.
Nothing in this paragraph shall place any duty of cleanup or remediation of

property upon LESSOR with those duties being exelusively LESSEE'S.
II.
Breach of Lease Agreement. If LESSEE breaches any of the provisions of this

instnunent and fails to cure the s.me afler thirty (30) days written notice from the
LESSOR, then LESSEE, in addition to any other damages for which it may be
responsible, shall pay LESSOR its reasonable costs and expenses in enf,)rcing the
instnlment, including but not limited to fees charged by attorneys, expcl1
witnesses, sun'eyors and appmisers.
12.
~otices.
All notices specitied by this instmmcnt shall be in writing and sent by
regislered or cCliificd mai!, postage prepaid at the following addresses or handdelivered in person, by facsimile or otherwise to the following persons, By written
notice, either party may change the persons or addresses.
To LESSOR:
Harrison County School District
Henry Arledge, Superintendent

16 th Section Manager
11072 Highway 49
(228) 539-6503
To LESSEE:
Gulf Coast RestauTant Holdings, LLC
John Chaszar, Managing Member
24619 Oak Island Drive
Pass Christian, MS 39571
(228) 323-1427
13.
Insurance.
LESSEE shall maintain contractual and comprehensive general
liElbility insurance with a company acceptable to LESSOR with a minimum
combined single limit of liability of one million dollars ($ I ,000,000.00) (and the
members of LESSEE shall collectively maintain a similar policy or self-insure for
an excess limit of liability of one million dollars ($1,000,000.00 for personal
injUlies or death of persons or destmction of property ..ising out of its operation,

use or occupancy of the subject property. LESSEE sl1011 furnish proof of
insurance (or self-insurance for LESSEE'S members, if applicable) to LESSOR,
shall keep this insurance (or self-insurance for LESSEE'S members, if applicable)
in full force and effect, and shall furnish LESSOR notice if the coverage is placed
with another company insurance (or if the self-insurance for LESSEE'S members
is managed by another company, if applicable). The amount of this instntment
shall be adjusted every ten years on each tenth anniversary of this instrument for
inflation according to the procedures then set forth by the Office of the Secretary
of State of Mississippi.
14.
Indelllil;fjcaIiQn. LESSEE shall protect, indemnifY, defend save, and hold

hamlless the State of Mississippi and LESSOR, its oflicers, board members,
employees and agents, from and against all c1ain.. . s, demands, liabilities, suits,
MINUTE Baal<
MARCH 2004 TERM

LEASE AGREEMENT
PAGE Ii
injuries, and Hny and all losses or damages and cost of every klnd <llld nature
whatsoever ("loss"), including but not limited to all court costs and attorneys fees
and all personal injury or death and/or damage 10 any person or entity including,
bllt not limited to, LESSOR and its property or other loss arising out of any
alleged noncompliance with laws or caused by LESSEE'S exercise of its rights
under this Lease Agreement and/or resulting timll the acllOllS or omission of
LESSEE in connection with its presence on Or any use of the subject property by
itj its officers) agents, subcontractors. employees or invitees. Provided, howeve.l',
it is understood that the indemnity provided by LESSEE as described in this
paragraph shall not extend to intentional or llegligent acts of LESSOR, its
officers, or agents. In the event the intentional or negligent aets of LESSOR, its
officers or agents, are not the direct and sole proximate caLise tor one hundred
percent (100%) of the loss of claim, LESSEE shall be responsible to fulfill its
obligations under this parab'Taph for the percentage of liability not attributable to
LESSOR, its officers Or agents.
15.
Mortgage Transactions. The preceding restrictions on assigrnnents of this lease
shall not apply to and no prior approval of LESSOR shall be required for (i)
mortgage of the leasehold estate (ii) a foreclosore or an assignment of the
leasehold estate to the ITI0l1gagee in lieu of foreclosure or (Iii) a transfer by a
mortgagee who has acquired the leasehold estate and such transfer occurs within a
reasonable period of time commensurate with liquidation of the as.et. However,
any person acquiring the leasehold estate by any of the above means shall he
obligated, within 10 days thereafter, to provide LESSOR with a copy of the
assignment. No mortgagee 'shall be deemed to have assumed and no mortgagee
shall be personally obligated to perfolm any of LESSEE'S obligations under this
lease which accrued prior to acquisition of the leasehold estllte, provided that this
limitation on personal liability shall not diminish the lights and remedies
otherwise available to LESSOR in the evenl of a default nor the right of a
mortgagee to cure defaults as herein provided. A mortgagee, having acquired the
leasehold estate through foreclosure or assignment in lieu of foreclosure, shall be

liable for perfonnance of all obligations of the LESSEE wlllch accme during the
period the mortgagee has ownership of the leasehold estnte, and any rent payment
which becomes due during such period Shall be paid in full and not prorated.
Nothing contailled in this lease or irr any mortgage shall release LESSEE from the
full and faithful performance of LESSEE'S obligations under this lease or from
any liability for non-perfomloncc or constitute a waiver of any light of LESSOR
against LESSEE. The leml "mOitgage as used in this parab'Taph means any
mOl1gage, deed of trust, coll"teral assigrullent Or other transfer or pledge of this
lease as security for An imle,btedness of LESSEE~ and the teml "moL1gagee"
U
means the holder of the indebtedness to whom or for whose benefit this lease has
been mortgaged or ple.dged as security.
16.
~.
LESSEE shall be responsible for any damage that may be caused to

LESSOR'S property by the activities of the LESSEE, Its employees, agents,
contractors, and invitees under this Lease Agreement, and, shall exercise
reasonable care in the protection of all improvements, timber "nd other property
of LESSOR, whicb Illay be located on the subject property or in the vicinity
whereon, against fire or damage fi'om any and all other causeS, LESSEE, its
employees. agents, contractors, and invitees shall exercise reasonable care in
conducting the .activities described above, and shall not, in any event, commit
waste or allow waste to be committed.

17.
Quiet Possession. LESSEE shall have qlliet and peaceful possession of the
subject property as long as compliance is made with the temlS of this agreement.
18,
Bankruptcy Or Judgments. LESSEE hereby covenants and agrees that if an

execution or process is levied upon the subject propeliy Or if a petition of
banknlptcy be flled by or against the LESSEE in al'y COUl1 of competent
jluisdiction, LESSOR shall have the light at its option, to cance.! this Lease
Agreement.
MARCH 2004 TERM

LEASE AGREEMENT
PAGE?
LESSEE further covenants and agrees that this Lease Agreement and the interest
of LESSEE hereunder shaUnot, without the written consent of the LESSOR first
obtained, be subject to garnishment or sale under execution or otherwise in any
suit or proceeding which may be brought against said LESSEEe
19.
457
MINUTE BOOI<
Condemnation. If the whole of the subject property, or such portion thereof as

will make the subject property nnsuitable for LESSEE'S normal business activity,
should be condemned for any public use or conveyed under threat of
condemnation, then this lease shall terminate on the date possession is acquired
by the condemning authority, and rent shall be apportioned as of that datee All
compensation awarded or paid upon such total or paliial taking of the subject
property shall belong to the LESSOR without participation by LESSEE except to
the extent the award fairly represents the vale of improvements which are the
property of LESSEE. It is provided, however, that nothing herein shall preclude
the LESSEE from prosecuting any claim directly against the condemning
authority for loss of business, cost of relocation or any other amounts 10 which a
tenant may be entitled provided that no such claim shaU diminish or otherwise
adversely affect the amount of LESSOR'S award.
20.
ClassificationlUse.
(a)
(b)
The lands herein have been classified as Commercial in accordance with

29-3-31 et seq Miss. Code Ann. (1972) as amended.
LESSOR warrants that the subject property shall be pern,ilted to be used
as Commercial Property - Restaurant for the duration of the lenn. This
warranty does not apply to any change in use which may be required by
governmental authority or other means beyond the control of LESSOR.
(0)
LESSEE shall not usc the subject property for any of the followillg
purposes: The operation of a business or proptietorship where the
majotity of revenues arc deIived from the sale of alcohol. The operation
Df a business or proprietorship that offers adult entertainment including,
but not Jimited to, nude or partially nude dancing or display, or the sule of
distribution of adult materials including, but not limited to, pornographic
magazines, books. videocassettes, or computer disks. Activities that are
considered hazardous including, but not limited to, demolition or the
storage or use of dangerous substances. Any activity considered to be a
nuisance. Any activity that is unlawful or immoraL Any activity, which at
the discretion of the LESSOR is inappropriate upon Sixteenth Section
Land.
21.
Successors To the extent assignment of this Lease Agreement is allowed by the

above provisions this Lease Agreement shall be binding upon the LESSEE'S
successors and assigns.
22.
General Duties of LESSEE. LESSEE agrees:

(a)
To comply with all laws and ordinances applicable to the use of the
property including, withont limitation, laws and regulations pertaining to
accessibllity by handicapped persons.
(b)
To allow inspection of the leased premised during nnonal business hours

by any persons responsible for management or supervision of the property
or this lease acting in their offIcial capacity,
(e)
To perform all obligations herein expressed in a prompt fashion, without

notice or demand.
(d)
To surrender the subject property upon tenllination or expiration of this

Lease Agreement, with improvements to be in the condition as herein
specified.
MINUTE BOOI{
MARCH 2004 TERM

LEASE AGREEMENT
(e)
PAGER
To provide LESSOR, at each rental adjustment date, written ce11ification

by LESSEE nr an oftlcer of LESSEE of compliance with the provisions of
this lease pertaining to environmental matters.
(t)
To maintain the subject property at all times in n clean, neat and orderly
mannet', fTee of waste materials) and to keep grass and other, vegetation
clipped.
23.
Reservations.
LESSOR reserves title to all oil or gas, coal, ignite Or othe,
minerals in, on) or under sHid lease property, together with the right to enter and
remove the same, but not in a ITlanner which interferes ",lith LESSEE'S operations
on the subject property.

24.
Rights-of-Way LESSOR reserves the nght to grant or sell right-otCway across

any the subject property for roads, highways, railroads, fiber optic cable, or any
public utility line. Provided that any such roads, highways, railroads, fiber optic
cables or public utility lines be c.onstructed in a manner so as not to
interfcn:~
with
LESSEE'S operations
25.
RecQrdin!'. LESSOR will deliver this Lease Agreement to the Chancery Clerk of
Harrison County for recording, and LESSEE has herewith delivered to LESSOR a
check in the sum 01'$8.00 payable to such Chancery Clerk as recording fees.
26.
lnul1unity. No provision of this lease, whether requiring LESSEE to maintain

insllrance or to indemnify LESSOR or othenvise, shan be constnled as a waiver
by LESSOR of allY provision of Inw related to governmental immunity.
Interpretation.
The parties to this Lease Agreement acknowledge that this
agreement has been drafted hy both parties and any ambiguilies shall not be
construed against a single party.
'
28.
Governing Law.
This Lease Ahrreement shall be govc11led hy, construed, Hnd
enforced in accordance with the laws of the State of Mississippi and that
jUli,diction and venue for any actions arising Crom this Lease Agreement and any
amendments hereto shall rest exclusively in the Chancery Court of Harrison
County, Mississippi.
29.
Entire Agreement. This Lease Agreement shall constitute the entire agreement
between the parties. Any pri~)r understanding or representation of any kind
preceding the date of this Lease Agreement shall not be binding upon either party
except to the extent incorporated in this agreement
459
MINUTE Baal<
MARCH 2004 TERM
COMMERCIAL 16' SECTION LAND

LEASE AGREEMENT
PAGE 9
IN WITNESS WHEREOF, this Lease Agreement is executed by LESSOR and pursuant

to order entered upon its minutes, is exec.ute.d by LESSER this the ~ day uf
, f'\QAJh
~ 200.
Signed, Sealed.and Delivered in the Presence of:
BY.,_- - - - - - - - c - - President, Board of Supervisors
4110
MINUTE 8001<
MARCH 2004 TERM
COMMERCIAL 16(h SECTION LAND
LEASE AGREEMENT
I'AGE 10
COUNTY OF HARRISON
Personally appeared before mel the undersigned authorily in and for said county
and state, on this the ~ day of~ 200'b, within my jLUisdiction, the within
named, Henry Arledge, HalTison County School Distlict. Superintendent of Schools, and
Randy Williams, School Board President, of the Harrison County School District Board
of Education, who acknowledged that in said representative capacity as Superinte,\ldent,,,r,,

Schools and President of the Board of Education of Han'ison County SdWdl.:Pi,liict,::,
Mississippi, they executed the above and foregoing instmment tor and onJJ~li~lf'o:r.~~id'
Board of Education, after first having been duly authorized so to do~:.,._ :;,~', ~. ,i,.': . I<"-~ ~,:'
(~ck 7~i-naiiJ .",'

l&tary Public)
,;",-,,;:', ,::",
!,,'\',I
My Commission Expires:
+14='/
HO"I',..TJ"',IaI.Jol!:"'....,..C#~nJ...UGI.
~""'1OO'T
.llllJI,Ei,
() 1"'YCO,"MtllSl
JQHDWDtlDnf~""YJ"UBLKuwra.~
(Affix official seal, if applicable)
STATE OF M1SSISSIPPI
COUNTY OF HARRISON
Personally came and appeared before me the undersigned authority in and for the
said county and state, on this the
day of
,200_, within my jurisdiction,
the within namell
, who acknowledged to me that _ _he
is the President of the Board of Supervisors of lIarrison CountYl Mjsslssippi~ and that in
said representative cap,city he executed the ahove and foregoing instmment for and on
behalf of said Board of Supervisors, after first having been duly authorized so to do,
(Notmy Public)
(Affix official seal, ifapplicable)
COUNTY OF HARRISON
Personally came and a~jed before me the undersigned ~ulhority in and for said
,day of E:.,p.l'),
200..!:L within my
county and state, on this the '
jurisdiction, the within named
aCknc)}l'le,d, ed
of ulu.>
,:Fl[]Jp. r:na;::::'"tQ v:
'_. who
me thal _ _ e is the_..L,r-i#Ji,I~rz.L.J.----,,.-,,---------
- ')
Q
lO /land that In said
representative c.apacity __he executed the above and forc~ oing instrument~ at1er first
having been duly authorized sO to do
O_(Uj.J),~Uf:U~~~J1t~
lNotary Pubhc)
My
~~~m'rxI~Ji.~BLIC
BONOEDTHRU STEGAll NOTARY SEROJih
(Affix offlcia! seal, if applicable.)
4Gl
MINUTE BOOI<
MARCH 2004 TERM
COMMERCIAL 16'1. SECTION LAND

LEASE AGREEMENT
LESSOR'S ADDRESS
11 072 Highway 49
GulfpOlt, Mississippi 39503
(228) 539-6503
LESSEE'S ADDRESS
Gulf Coost Restaurant Holdings, LLC
John Chan~lr, Managing Member
24619 Oak Island Drive
Pass Christian, MS 39571
(228) 323-1427
INSTRUMENT PREPARED BY:

Harrisun County School District
11072 Highway 49
Gulfport, MS 39503
(228) 539-6503
INDEXING INSRUCTIONS:
_ _ _ \<I ofthe _ _ \<I
Section 16 - Township 7S - Range II W
PAGE 11
462
MINUTE BaOI{
MARCH 2004 TERM

LEASE AGREEMENT
PAGE 12
Restaurant Holdings Company

AMORITZATION RENT CHART
Year
Base Amount
41,309.18
3%
21212005
to
212/2006
42,54846
21212006
to
2/2/2007
43,824.91
3%
J'Yo
2/2/2007
to
2/2/2008
45,139.66
3%
2/2/2008
to
2/2/2009
2/2/2009
21212010
to
212/2011
to
2i2/2010
21212011
2/212012
2/2/2012
2/2/2013
to
Relit Amount
40, I 06.00
Increase
46,945.24
48,823D5
50,775.97
4%
4'}'o
4 11/0
52,807.01
54,919.29
4%
10
4%
Pay Period
21212004
to
2/2/2005
10
to
2/2/2013
2/2/2014
11
57,665.26
5%
2/2/2014
to
2/212015
12
60,548.52
5%
2/2/2015
to
2/2/2016
13
63,575.95
2/2/2016
to
2/2/2017
14
66,754,74
5%
5%
2/2/2017
to
2/2/2018
15
70,092.48
5%
2/2/2018
to
2/2/2019
16
$
$
73,597,11
5%
2/2/2019
10
21212020
17
77,276.96
2/2/2020
to
2/2/2021
18
81,140.81
2/2/2021
19
85,197.85
212/2022
to
to
21212023
2/212023
to
21212024
2/2/2024
2/2/2025
to
to
2/2/2025
2/21202(,
20
89,457.74
5%
5%
5%
5%
21
93,930.63
5%
22
23
98,627.16
5%
5%
24
25
26
$ 103,558.52
$ 108,736.45
$ 114,173.27
5~)
5%
2/212022
2/212026
to
2/2/2027
2/2/2027
2/212028
to
to
2/2/2029
119,881.93
5%
21212029
to
2/2/2030
$ 125,876.03
_<;"
/0
28
29
t32,169.83
to
to
2/2/2031
2/2/2032
$
$
$
$
5%
5%
2/2/2030
2/2/203 J
2/212032
2/2/2033
to
21212033
145,717.24
153,003.10
to
2/2/2034
to
2/212034
21212035
2/2/2035
to
2/2/2036
2/212036
212/2037
to
to
2/212037
212/2038
5%
5%
2/2/2038
to
2/2/2039
2/2/2039
to
5%
2/2/2040
to
2/2/2040
2/2/2041
5'1
'0
2/2/204l
to
21212042
5''''/0
5%
2/2/2042
2/2/2043
to
to
2/2/2043
2/2/2044
32
138,778.32
160,653.25
35
$ 168,685.92
$ 177,120.21
$ 185,976.22
36
37
$ 195,275.03
$ 205,038.78
38
$ 215,290.72
$ 226,055.26
$ 237,358.02
33
34
39
40
5%
5%
5%
5%
5'%
2/2/2028
27
30
31
463
MINUTE BOOI<
MARCH 2004 TERM

LEASE AGREEMENT
PAGE 13
EXHIBIT "A"
LEGAL DESCRIPTION
From the intersection of the East line of Old Highway 49 with the North line of
Creosote Road as described in Amended Lease Agreement between Board of Education
of Harrison Connty School District (Lessor) and Bond Paving Company (Lessee) which
appears at Deed Book 1152, page 6, Record of Deeds of Harrison County, Mississippi,
proceed North 0 degrees 21' 3D" E along the East line of Old Highway 49, 41.67 feet to
the North line of widened, extended and reconstructed Creosole Road according to
easement from Bond Paving Company, Board of Education of Harrison County and
Board of Supervisors of Harrison County which appears at Deed Book 1315, page 211,
Record of Deeds of Harrison County, Mississippi, the point of beginning of the herein
described pareel.
From the above described point of beginning continue North 0 degrees 21' 30" E
along the East line of Old Highway 49, 258.33 feet to a point; thence S 89 degrees 59'
53" E, 150.00 feet to a point; thence South 0 degrees 21' 17" W, 100.00 feet; thence S 89
degrees 59' 53" E 150.00 feet; thence North a degrees 21' 17" E, 9.00 feet; thence S 89
degrees 59' 53" E, 209.00 feet; thence North 0 degrees 21' 17" E, 41.00 feet; thcnce S 88
degrees 18' 38" E, 77.76 feet to a point in the West line of a 30 feet parcel deducted nOm
the Amcnded Lease Agreement above described; then South a degrees 14' 47" W along
the West line of said 30 foot parcel, 231.41 feet to
it
point in a circular curve to the right
in Ihe North line of widened and extended Creosote Road, which cnrve has a radius of
1,977.56 feet and a central angle of 3 degrees 24' 3 I"; thence along the arc of said curve
and continuing along said North line, 117.64 feet to a point of tangency, which point
bears N 86 degrees 37' 16" W, 117.63 feet from the last point above described; thence N
84 degrees 55' 01" W continuing along said North line, 80.82 feet to a point of curvature
to the left, which curve has a radius of2,057.56 feet and a central angle of 4 degrees IS'
28"; thence along the arc of said curve and continuing along said North line, 152.90 feet
tn a point, which bears N 87 degrees 02' 45" W, 152.87 feet from the last point above
described; thence N 89 degrees 10' 29' W continuing along said North line, 236.47 feet
to the point of beginning, containing 118,835.0873 square feet of 2.728 acres
approximately and being loeated in the Southwest !4 of the Southeast \:i and in the
Southeast \:i of the Southwest Y. of Section 16, Township 7 South, Range II West,
Harrison County, Mississippi.
464
MINUTE BOOI{
MARCH 2004 TERM

LEASE AGREEMENT
PAGE 14
RENT OPTION DISCLOSURE

th
It i. agreed that the Lessor and Lessee have reviewed the 16 Seelion Commercial
Leases, both the amortization and the five-year re-appmis.l, and after reviewing both
leases, Lessee herehy accepts the AM D~n zATJOkJ id=J-'Ilease. The palties agree that this
method of rental payment will be in f\lll force and effect during the lite of the lease,
unless a new appraisal has heen conducted and a new lease hos heen agreed upon
between the Lessor and Lessee.
Date
~Ioy
I
MINUTES
MARCH 2004 TERM

LEASE WITH MEDPARK, LLC C/O DR. DONALD HOPKINS
I
COMMERCIAL 16 th SECTION LAND
AMENDED - LEASE AGREEMENT
(Combined Acreage 16.47 acres + 0.62 acre = Total 17.09 acre)
(AIllOI'tization Relit)
COUNTY OF HARRISON
TH
THIS COMMERCIAL 16
SECTION LAND LEASE AGREEMENT,
(hereafter "Lease Agreement"), made and entered into this the 17th day of December
2003, by and between the Ha'Tison County School District, (hereinafter "LESSOR"),
whose address is lIOn Highway 49, Gulfport, Mississippi, 39503 telephone number
(228) 5396503 and, MEDPARK. LLC c/o Dr. Donald Hopkins (hereinafter
"LESSEE"). whose address is 1312 44,h Avenue, Gulfport, MS 39501, telephone number
(228) 8645024.
WlTNESSETH
That, for the term and in cunsideration of the rentals hereinafter set forth, and the
covenants, conditions, and by the authority and under the direction of the Harrison
, Page
,
Cuunty Selmol District, as recorded in Minute Book
LESSOR does hereby lease and rent unto LESSEE the following dcscribed land
(hereinafter called "subject property") to-wit:
Section 16 - TownshIp 7 South - Range J J West

MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED BY REFERENCE AS IF COPIED FULLY HEREIN.
Teml. Subject to the other provisions herein contained, the tenn of this Lease
Agreement shall be for forty (40) years, beginning the 17th day of December
2001, and ending on the 16th day of December 2041 (called the "primory tenn").
It is expressly agreed and uJl(lerstood by all the parties hereto that part of the
consideration given for the execution and delivery of this instnnnent is that
LESSEE is hereby granted an option to renew this Lcase Agreement fur an
additional "secondary term" of twenty-five (25) years [rom December 2041,
under the same tenns, conditions, ond stipulations set lorth herein, exccpt the
annual rental shall be bosed upoo the fair market valoe of the 10nd, excluding
buildings and improvements not then owned by thc LESSOR, as detennined by a
qualified appraiser selected by LESSOR hereto who perfonns his or her appraisal
not more than twelve months and not less than three lllonths prior tu the
expiration of thc initial primary tenn. LESSEE shall exercise said ophon to
renew ror the additional sccondary tenn of twenty-five (25) years by notifying
LESSOR in writing no less than twelve (12) months in advance of the expiration
of the primary tenn and by tendcring the determined alUlual rental to LESSOR at
its above-stated address prior to the expirahon of thc initial primary tcrm as
maybe required by statute. The cost of the new appraisal shall he bome by the
LESSEE. A new lease shall be executed to effectuate the renewal tenn.
2.
Annual Rent. LESSEE covenants and af,'Tees to pay as rent to LESSOR the sum
of F0l1y thousand eight hundred ninety one dollars and noltDO ($40,891.00)
Dollars per annum, on or before the anniversary of this lease each year; provided,
however, that the payment of rent for the first year of this lease shall be due at the
time of approval by the Hanison County School DistfiCt. In the event of
termination or cancellation allY rental paYIllent tnaue shaH be non-refundable.
Rents shall be readjusted periodically pursuant to the rent adjustment dause
contained in Paragraph 3 of this lease. In the event LESSEE is delinquent in t])e
payment of rent, LESSEE shall pay a late charge equal to fifteen percent (15%) of
thc amount of rent past uue fur more than 30 days and thereafter shall pay interest
4GG
MINUTE BOOI{
MARCH 2004 TERM
on any rent past due at an annual rate (the uDefault Rate") equal to the maximum
rnte then allowed by taw Dr, if there is no maximUln rate, then a rate equal to flve
percent per annum above the discount rate~ excluding any surcharge thereon l on
ninety-day commercial paper in effect at the Federal Reserve Bank in the Federal
Reserve dbHrict 1n which the LESSOR is located) calculuted according to the
flcttlarial method.
3.
Amortization Rent Adjustment. The base year appraisal shall serve as the first
year rental amount. From the second, third, fourth and tifth year rent the rent
shall increase three percent (3%) of base compounded each year. 11,e sixth,
seventh, eighth, ninth and tenth year the rent shall increase four percent (4%)
compounded ~ach year. For the eleventh through the fortieth year the rent shall
increase five percent (5%) compounded each year. A rent schedule p.!l)'Tnent plan
j
shall be attached to this lease agreement.

In the event the rent adjustment section of this lease agreement shall be declared
inadequate for any reason whatsoever by B court of competent jurisdiction, such
declaration shall not affect or be construed to affect the validity of this lease
agreement, but the lease agreement shall continue in full force and effect and be
binding on the p"1ies, subject only to the established of a rental adjustment
section that, in the opinion of the appropriate court having jUlisdiction, meets the
requirements of Miss. Code Ann., Section 29-3-63 and Section 29-3-69 (1972)
presently in effect.
4.
Ta"es. LESSEE covenants and flb,ees to pay any and all general and special
taxes and assessments, if ever any there be, applicable to the above-described
property and LESSEE'S interest therein; further, LESSEE covenants and agrees
to pay any and all survey costs and recording fees in connection with this Lease
Agreement or any other fees sn detennined by law. All payments for general and
special taxes and assessments shall be made directly to the govemmental
authority responsible for collecting such taxes and assessments. During the final
year of the lease teml, LESSOR or the govemmental authority responsible for
collecting taxes and assessmen.ts may require payment of any such taxes or
assessments in ad.vance or require that other security be given to insure that taxes
will be paid when due. In the event it becomes necessal)' tor' the County Tax
Collector or any other authOIity responsible for collecting general and spectal
taxes or assessments to retain the services of attOITleys to coHect any taxes or
assessments due from LESSEE under this lease, then LESSEE agrees to pay !Ill
costs and expenses of such actions or collections, including a reasonable
attomeys' fee for the County Tax Collector or such other authority responsible for
colkctiTlg said taxes or assessments.
5.
Detimlt. The parties herein expressly agree that if DEFAULT shall be made in
the payment of any general OT specinl tax or assessment or rent due. made
pursuant to this Lease Agreement, then and in any event of DEFAULT it sha.ll be
lawful for the LESSOR to enter upon the subject property, or any pari thereof,
after LESSOR has provided sixty (60) days plior written notice to the LESSEE
and upon LESSEE'S failure to cure such DEFAULT within said sixty (60) days,
either with or without the process of law, to re-enter and repossess the samc, and
to distrain from any rent or assessment that may be due thereon, at the election of
the LESSOR, but nothing here is to be construed to mean that LESSOR is not
pennitted to hol(1 LESSEE liable for any unpaid rent or assessment to that time.
As to all other conditions, covenants, and obligations imposed on LESSEE herein,
enforcement shan be hy proceeding at law or in equity against any person
violating Or attempting to violate said conditions, covenants, imd obligations to
restrain violation and recover d",mf'ges l if anYI including reasonable expenses of
litigation including but not limited to fees charged by attomeys, expelt witnesses,
surveyors and appraisers, which LESSEE expressly agrees to pay.
Such
enforcement by proceedings at law or in equity may be instituted at any thne after
thirty (30) days written notice. Enforcement proceedings sh.ll illclude the right of
the tax collector to recover .ny tax, ."essment, fees and costs.
MINUTE Baal<
MARCH 2004 TERM
6.
Remedies.
In Ihe event of any FORFEITURE, DEFAULT, OR
CANCELLATION of Ihis Lease Agreement or tennination of tbe tenll therefore
aforesaid, said LESSEE shall quit, deliver up and surrender posseSSIOn of the
subject property. and all LESSOR ~owned shuctures and improvements thereon to
the said LESSOR, and thereupon this Lease Agreement and all agreements and
covenants on the LESSOR'S behalf 10 be perfOlmed and kept, shall cease,
terminate, and be utterly void, the Same as if the Lease Agreement had nol been
made. At LESSOR'S option LESSEE sball be required to remove all LESSEE
owned improvements. In addition thereto LESSOR shall be entitled to whatever
remedies it may have at law or equity for the collection of any unpaid rental
lu~reunder, or for any other sums, for damages or otherwise, that it may have
sustained on account of the LESSEE'S nonfillfilhnent or noriperfonnnnce of the
tenus and conditions of this Lease Agreement includmg costs for removing
LESSEE owned improvements.
Immediately upon the tennination of this Lease Agreement, whether by
FORFEITURE, DEFAULT, or CANCELLATiON, LESSOR shall be entitled to
lake possession of the subject property and all LESSOR- owned implOvernents
thereon absolutely, and custom, usage, or law to the contrary notwithstanding.
Any removal of propelty from the snbject property shall be accomplished so as to
leave the subject propelty in a condition satisfactory to LESSOR. At LESSOR'S
option LESSEE shalt remove all of the LESSEE'S property within one hlmdred
and eighty (l SO) days of the said event. LESSEE shall he subject 10 the acctual of
rent dming said within one hundred and eighty (180) day period.
7.
4 fj 7
Curing Default. Notwithstanding any provisions of this umse Agreement

containing a DEFAULT provision, any present or future holder of a mortgage or
deed of trust securing money loaned on these facilitie.s, shalt have the right of a
thil1y (30) day notice of default within which to Cure any DEFAULT which may
be cured by the payment of money. In addition, for any other DEFAULT for
which a forfeiture of said Lease Agreement may be invoked, such holder of such
mortgage or deed of hust shall be entitled to a notice in writing of the dalmed
DEFAULT and shall have a reasonable time, which shalt not be less than Thirty
(30) days, to either require the cO\Taction of such DEFAULT or in lieu thereof to
protect itself through the exercise of a power of sale and thereby acquire a
leasehold in the subject property and correct such DEFAULT. LESSEE hereby
covenants find agrees to notjfy LESSOR of the existence of all such mortgages,
deeds of trust other secured encumbrances anti that, in the absence of such notice,
LESSOR has no obligation whatevcr to notify any such holder of said
encumbrance,
8.
Assigmnent. LESSEE shall have the full right and authority to lease, sell, assign,
transfer, and/or convey to others this Lease Agreement in whole and to encumber
the same. However" any lease, assignment, transfer or conveyance shall be subject
to the prior written consent of LESSOR which shall not be unreasonably
withheld, and to the required consent and additional requiremcnts, if any, of the
Secretary of State of the State of Mississippi or other applicable govemment
officials:
9.
Regulatory Compliance. LESSEE shall comply with alt applicable laws, rules,
and regulations concerning LESSEE'S use of tile propelty and/or obligations
under this instrument. This obligation shalt include, but not be limited to,
compliance with federal, state and local envirorunenlal rCb'i.tlations concerning the
air, water and soil, endangered species, wetlands, and other laws, l1..l1es and
regulations that may presently exist or hereafter be adopted. In the eyent of
contamination of the air, water or soils arising out of any LESSEE use, LESSEE
shall be responsible for all mandated remediation am\ monitoring with this
obligation to survive tennination of this Lease Agreement. Notwithstanding the
requirements of this paragraph LESSEE:
(al
Will not usc, generato, mal'lufacture, produce, store, release) discharge or

dispose of on, under or about the subject property or transport 10 or from
468
MINUTE Baal<
MARCH 2004 TERM
the subject property any hazardous substance or pollutant (as either may
be defined by any present or future laws or regulations of any
govcllunental authority Or by any administrative or judicial decisions) or
llny solid wastes and will nut allow any other person to do so,
(b)
Shall keep and maintain the subject property in compliance with and shall
not cause or pennit the subject propeliy to be in violation of any
envlyonrnent laws or regulations nor any laws or regulations pertaining to
the disposal of solid, liquid, or gaseous wastes, both hazardous, and nonhazardous.
(c)
Shall give prompt written notice to LESSOR of:

(1) Any proceeding
Or
inquiry by any govenunenlal authority with respect
to the presence of any solid wastes or hazardous substance on the subjed

property Or the migration thereof from or to other property;
(2)
All claims made or threatened by any govenllnental authority with
respect to the presence of any solid wastes or hazardous ,ub'tance O!l the
subject property or the migration thereof from or to other propelty,
(3)
LESSEE'S discovery of any occurrence or condition that would
cause the leased premised to be subject to any restrictions on the
ownership, occupancy, transferability or use of the subject property tmder
any environmental or solid waste disposal law, regulatioIl, ordinance or
mling,
10.
Environmental Accide!lts. LESSEE shall immediately furnish written notice of

all spills, leaks, accidents or similar matters on the premises to LESSOR at the
address provided in this instrument. LESSEE shall also fumish LESSOR a copy
of all filings, including but not limited to, concerning envirormle!ltal i""ues,
required bylaws, TIlles or regulations arising out of any spills, leaks, accidents or
other matters arising out of the use and occupation of the premises by LESSEE.
Nothing in this para),,>raph shall place any duty of cleanup or remediation of
property upon LESSOR with those duties being exclusively LESSEE'S.
l
11.
Breach of Lease Agreeme!lt. If LESSEE breaches a!ly of the provisions of this

instmmcnt and fails to cure the same after thirty (30) days written notice from the
LESSOR, then LESSEE, III addition to any othet damage., for which it may he
respo!lsible, shall pay LESSOR its reasonable costs and expenses in enforcing the
instrume!lt, incluJi!lg but not limIted to fees charged by attorneys, expelt
witnesses, surveyors and appraisers.
12.
Notices. All notices specified by tl1lS i!lstrument shall be in wntmg and sent by
registered or ce11itled mail, postage prepaid at the following addresses or hand,
delivered in persoll, by fi'tcsimile Or otherwise to the following persons By written
notice, either part)' may change the persons or addresses.
To LESSOR:
Henry Arledge, Superintendent ofEducaLion
16'h Section Manager
11072 Highway 49
GulfI'M, Mississippi 39503
(228) 539-6503
To LESSEE:
Dr. Donald Hopkins - MedPark, LLC
th
] 312 44 Avenue
Gulfport, MS 39501
(228) 864-5024
MINUTE 8001<
MARCH 2004 TERM
I
13.
Insurance.
LESSEE shan maintain contractual and comprchcnsive general
liability insurance with a company acceptable to LESSOR with a minimum
combined single limit of liability of One million dollars ($1,000,000.00) (and the
members of LESSEE shall collectively maintain a similar policy or self-insure for
an excess limit of liability of one million dollars ($1,000,000.00)) for personal
injuries or death of persons or destruetion of property arising out of its operation,
use or occupancy of the subject propel1y. LESSEE shall furnish proof of
insurance (or self-insurance for LESSEE'S members, if applicable) to LESSOR,
shall keep this insurance (or self-insurance for LESSEE'S members, if applicable)
ill full force and effect, and shall furnish LESSOR notice if the coverage is placed
with another company insurance (or ifthe self-insurance for LESSEE'S members
is managed by another eompany, if applicable). The amount of this instrument
shall be adjusted every ten years on each tenth anniversary of this instrument for
inflation according to the procedures then set forth by the Oftice of the Secretary
of State of Mississippi.
14.
15.
Indemnification.
LESSEE shall protect, indemnify, defend save, and hold
hannless the State of Mississippi and LESSOR, its offieers, board memhers,
employees and agents, from and against all claims, demands, liabilities, suits,
injuries, and any and all losses Or damages and cost of every kind and nalure
whatsoever ("loss"), including btlt not limited to all COUlt costs and attorneys fees
and all personal injmy or death and/or damage to any person or entity including,
but not limited to, LESSOR and its propel1y or other loss arising out of any
alleged noncompliance with laws or caused by LESSEE'S exercise of its rights
under this Lease Agreement and/or resulting from the actions or omission of
LESSEE in connection with its presence on or any use of the subject property by
it, its officers, agents, subcontractors, employees or invitees. Provided, however,
it is understood that the indemnity provided by LESSEE as described in this
paragraph shall not extend to intentional or negligent acts of LESSOR, its
officers, or agents. In the event the intentional or'negligent acts of LESSOR, its
officers or agents, are not the direct and sole proximate cause for one hundred
percent (100%) of the loss of claim, LESSEE shall be responsible to fultill its
obligations under this paragraph for the percentage of liability not attributable to
LESSOR, its officers or agents.
469
Mortgage Transaetions. The preeeding restrictions on assignments of this lease

shall not apply to and no prior approval of LESSOR shall be reqtlired for (i) a
mortgage of the leasehold estate (ii) a foreclosure or an assignmEnt of the
leasehold estate to the mortgagee in lieu of toreclosure or (iii) a transfer by a
mOltgagee who has acquired the leasehold estate and such transfer occurs within a
reasonable period of time commensurate with liquidation of the asset. However,
any person acqUIring the leasehold estate by any of the above means shull be'
obligated, within 10 days thereafier, to provide LESSOR with a copy of the
assignment. No mortgagee shall be deemed to have assumed and no mortgagee
shall be personally obligated to perfonn any of LESSEE'S obligations under this
lease which accrued prior to acquisition of the leasehold estate, provided that this
limitation on personal liability shall not diminish the rights and remedies
otherwise available to LESSOR in the event of a default no, the right of a
mortgagee to cure defaults as herein provided. A mortgagee,. having acquired the
leasehold estate through foreclosure 01 assignmcnt in lieu of foreclosure, shall be
liable for perfonnance of all obligations of the LESSEE which accrue during the
period the mortgagee has ownership of the leasehold eslate, and any rent payment
which becomes due during such period shall be paid in full and not prorated.
Nothing contained in this lease or in any mortgage shall release LESSEE tiotn the
full and faithful perfonllanee of LESSEE'S obligations under this lease or fcom
any liability for non-perfonnance or constHute a waiver of any right of LESSOR
against LESSEE. The term llmortgage" as used in this paragraph means any
mortgage, deed of trust, collateral assignment or other transfer or pledge of this
lease as security for an indebtedness of LESSEE; and the tenn "mortgagee"
memis the holder of the indebtedness to whom or for whose benefit this lease has
been mortgaged or pledged as security.
MINUTE 8001<
MARCH 2004 TERM
16.
Waste. LESSEE shall be responsible for any damage that may be caused to
LESSOR'S property by the activitIes of the LESSEE, Its employees, agents,
contractors, and invitees under this Lease A,greement\ and, shall exercise
reasonable care in the protection of all improvements, timber and other propelty
of LESSOR, which may he located On the subject property or in the vicinity
\\-'hereon, against fire or damage from any and aLL other causes. LESSEE, its
elllployees, agents, contractors; and invitees shall exercise reasOllable care in
conducting the activities described above, and shall not, in any event, commit
waste or allow waste to be com.mltted.
17.
OUlet PossessIOn LESSEE shal! have quiet and peacefol possession of the
subject property as long as compliance is made with the terms of this agreement.
18.
Bankruptcy or Judgments. LESSEE hereby covenants and agrees that if an

execution or process is levied upon tl,e subject property or If petition of
bankluptcy be filed by or against the LESSEE in any court of competent
jwisdictioll) LESSOR shall have the right at its option, to cancel this Lease
Agreement.
LESSEE flllther covenants and agrees that this Lease Agreement and the interest
of LESSEE hereunder shall not, without the written consent of the LESSOR first
obtained, be subject to gamishment or sale under execution or otherwise in any
suit or proceeding which may be brought against said LESSEE.
19.
Condemnation. [f the whole of the subject property, Or such portion thereof as

will make the subject property unsuitable for LESSEE'S normal business activity,
should he condemned for any public use or conveyed under threat of
condemnation, then this lease shaH tenninate on the date possession is acquired
by the condemning authority, and rent shall be app(lItioned as of that date. All
compensation awarded Or paid upon such total Or partial taking of the subject
propcrty shall belong to the LESSOR without participation by LESSEE except to
the extent the award fairly represents the vale of improvements which are the
property of LESSEE. It is provided, however, that nothing 11erein shall preclude
the LESSEE from prosecuting any claim dIrectly against the condemuing
authodty for loss of bUSinessj cost of relocation or any other amounts to which a
tenant may be entitled provided that nO such claim shall dimmish or otherwise
adversely affect the amount of LESSOR'S award,
20.
Classification/Use.
(a)
The lands herein have been classitied as Commercial in accordance with

29-3-31 e.t seq Miss. Code Ann. (1972) as amended.
(b)
LESSOR warrants that the subject property shall be permitted to be used
as Commercial Pronerty for tbe duration of the tenn. This warranty does
not apply to any change in use, which may be required by govellll11ental

authority or other means beyond the control of LESSOR.
(e)
LESSEE shull not use the subject property for any of the following
purposes: The operation of a business or proplietorship where the
majority of revenues are derived fTom the sale of alcohol. The operation
of 11 business or proprietorship that offers adult entertainment including,
but not limited to, node or partially nude dancing or display, or the sate of
distribution of adult materials inciliding, but not limited to, pornographic

magazines, books, videocassettes, or computer disks. Activities that are
considered hazardous including, but not limited to, demolition or the
~torage or lise of dangerous substances. Any activity considereu to be a
nuisance. Any aclivity that IS unlawful or immoral. Any activity, which at

the discretion of the LESSOR is inappropriate upon Sixteenth Section
Land.
MINUTE BOOI{
MARCH 2004 TERM
21.
Successors, To the extent assigmnent of this Lease Agreement is allowed by the

above provisions this Lease Agreement shall be binding upon the LESSEE'S
successors and assigns.
22.
General Duties of LESSEE, LESSEE agrees:

To comply with all laws and ordinances applicable to the use of the
(a)
property including, without limitation, laws uncl regulations pertaining to
accessibility hy handicapped persons.
(b)
To allow inspection of the leased premised during normal business hours

by any persons responsible for management or supervision of the property
or this lease acting in their official capacity.
(c)
To perfonn all ohligations herein expresseu in a prompt fashion, without

notice or demand.
(d)
To surrender the subject propeliy upon termination or expiration of this

Lease Agreement) with improvements to be in the condition as herein
specified.
(e)
To provide LESSOR, at each rental adjustment dale, written certifil,;ation

by LESSEE or an officer of LESSEE of compliance wilh Ihe provisions of
this lease pertaining to environmental mattcrs,
(D
To maintain the subject property at all times in a clean, neat and orderly
manner, fi-ee of wasle materials, and to keep grass and other vegetation
clipped.
23.
Reseryations. LESSOR reseryes title to all oil or gas, coal, ignitc or other
minerals in, on, or under said lease property, together with the right to enter and
remove the same, but not in a manner which interferes with LESSEE'S operalions
on the subject property.
24,
Rights-of-Way. LESSOR reserves the right to grant or sell right-of-way across

any the subject property for roads, highways, railroads, fiber optic cables or any
public utility line. Provided that any such roads, highways, rallroadS fiber optic
cables or public utility lines be constructed in a manncr so as not to interfere wilh
LESSEE'S operations,
j
25.
Recording. LESSOR will deliver thi.Lease Agreemcnt to thc Chanccry Cle.rk of

Hanison County for recording, and LESSEE has herewith delivered to LESSOR a
check in the sum of $8.00 payable to such Chancety Clerk as recording fees.
26.
Immunity, No provision of this lease, whether requiring LESSEE to maintain

insurance or to indemnify LESSOR or otherwise, shall be constlUed as a waiver
by LESSOR of any provision of law related to govenunental imlllunity.
27.
Intelpretation. The parties to this Lease Agreement acknowledge that this

agreement has been drafted by both parties and any ambiguities shall not be
constmed against a single party.
28.
Governing Law, This Lease Agreement shall be govemeJ by, construed, and
enforced in accordance with the laws of thc State of Missl"]!'pi and that
jurisdiction and venue for any actions arising from this Lease Agreement and any
amemltnents her~to shall rest exclusively ill the Chancery Court of Hanison
County, Mississippi.
29.
Enllre Al!feement This Lease Agreement shall constitute the entire agreement
between the pattIes. Any prior understanding or representation of any kind
preccding the date of Ihis Lease Agreement shall not be binding upon either party
except to the extent incorporated in this agreement.
47;~
MINUTE Baal<
MARCH 2004 TERM
IN WITNESS WHEREOF, this Lease Agreement is executed by LESSOR and

pursuant to order entered upon its minutes, is executed by LESSEE this the ~ day of
AlIa( rt.h
,2004.
Si,s1J.1ed, Sealed and Delivered in the Presence of:
Dr. Donald Hopkins - MedPark, LLC
BY:
Title:
DQ,&1'
I},
IkrJ"'-'
"L
~I
,rlW
Hanison County Board of Supervisors

BY:.~_ _---c----c---~
President) Board of SlIpervisors
473
MINUTE BOOI{
MARCH 2004 TERM
STATE OF MISSrSSIPPI
COUNTY OF HARRISON
Personally appeared before me, the undersigned authority in and for said county and
state, on this the ~day of ~, 200, within my jurisdiction, the withi" named,
Henry Arledge, Hanison County School District, SuperinLemlent of Schools, and Randy
Williams, School Board President, of the Harrison County School District Board of
Education, who acknowledged that in said representative capacity as Superintendent of
Schools and President of the Board of Education of Han'ison County School District. ,
Mississippi, they executed the above and foregoing instrul1lent for and On heh~lf.ot::Saiu",,_
Board of Education, after first having been duly authorized so to do.
" ' . ' , .... \
~~p!ic~61,~,
-{jN~
()/,,',~:
i
COUNTY OF HARRISON
Personally came and appearcd before me tbe undersigned authority in and for the
said county and state, on this the
day 01'
, 200~, within my jurisdiction,
the withm named
who acknowledged to me that _ _ he
is thc Pre.sident of the Board of Supervisors of Harri,on County, Mississippi, and tbat in
'<lid representativc capacity ~le executed the above and foregoing instrumcnt for and
on behalf of said Board of Supervisors, after first having been duly authotized so to do.
(Notary Public)
STATE OF MISSISSll'PI
COUNTY OF HARRISON
Personall)f came ami appeared before me the
d rsighed authority in and for said
cOl/nty and state, on this the

J .. _ day of
, 200~, within my
jUlisdiction, the within named D~ld Hopkins who ackn ledged to me that he is
the President of tvledPark. LLe and that in said representative capacity he executed the
above and foregoing instrument, afte[ first having bee uly authorized so t o.
l-krlDry PubUc SIt'll. Q! Mlu.lI511~111 -'lll_O"
""'" c ....~'E.M.pIr.,.:F..bruai,:t 2004

GlOOM IIr. Gilliand, 'nc.
~,,:!~'KI Thrv HIjII~t1,
(,.
MINUTE 8001<
MARCH 2004 TERM
LESSOR'S ADDRESS
11072 Highway 49
(228) 539-6503
LESSEE'S ADDRESS
Dr, Donald Hopkins
1312 44'h Avenue
Gulfport, MS 39501
(228) 864-5024
INSTRUMENT PREPARED BY,

I IlllTison County School Disuict
11072 Highway 49
GUlfpOlt, MS 39503
(228) 539-6503
1NO!'.:XING INSRUCTIONS:
_ _ _ J;.; ofthe _ _ Yo
Section 16 - Township 7S - Range 11 W
I
-, ..-"._-_._...-.--,.-_._.-"._- ".,"
,,~--._._-----~-----
---------
---
----------
MINUTE BOOI<
MARCH 2004 TERM
EXHlBIT"A"
LEGAL DESCRITlON
I'arecl!: Commence nt an iron pipe al the Southwest comer of the Northwest Quartor
of the Northwest Quat1er of Section 16, Township 7 South, Range II West, First Judicial
District, Harrison County, Mississippi; thence proceed N 88 degrees 11 minutes East
along the South line of the Northwest Quarter of the N0I1hwest Quarter of said Section
16, 429.8 feet to a steel T post in the Easterly line of Coleman Road, the Point of
Beginning.
From the above deseribed Point of Beginning proceed S 36 degrees 38 minutes East
along the EasLerly line of Coleman Road, 40.3 feeL to a point; thence South 51 degree. 28
minutes EasL continuing along the Easterly line of Coleman Road, 220.3 feet to a point in
degrees 00 minutes East along the
the Northerly line of Landon Road; thence South
North line of Landon Road, 561.3 feet to an iron pipe; thence North 10 degrees 05
mimltes West, 601.] feet to an iron pipe; thence South 72 degrees 34 minutes East, ]29.7
feet to a scribed "x" in a concrete apron in the Westerly line of Old Highway 49; thence
North 30 degrees 29 minutes West along the Westerly line of Old Highway 49, 157.6 feet
to a point; thence North 10 degrees 08 minutes West continuing along the Westerly line
of Old Highway 49,202.2 feet to a point; thence South 79 degrees 52 minutes West, 70.0
feet to a point; thence North 10 degrees 08 minutes West, 29.6 feet to a point; thence
South 43 degrees 00 minutes West, 216.1 feet to an iron rod; thencc NOlth 24 degrees 45
minutes \Vest, 200.9 feet to a point, thence South 88 de,6rrees 13 minutes West, 158.8 feet;
thence South 00 degrees 03 minutes E",t, 125.9 feet; thence South 88 degrees 13 mmutes
West, 425.8 feet to a point in the Easterly line of Coleman Road; thence South 30 degrecs
09 minutes East along the Easterly line of Coleman Road, 511.0 feet to the Point of
Beginning, containing 12.368 acres and being located in the Northwest Qum1er of
Section 16, Township 7 South, Range II West, First Judicial District, Hanlson County,
Mississippi.
Parccl 2:
A parcel of tand situated and being located in Section 16, Township 7
South, Range II West, First Judicial DlStncl of Harrison County, Mississippi and bemg
more particularly described as follows, to-wit: Cornmendng at the Point of DegilU\ing of
Parcel "A" as described in Deed book 1092 at page 508, said point being on the westerly
rigilt~of-way line of Old U.S. Highway 49; thence run South 30 degrees 36 minnles 50
seconds East 20.0 feet along the westerly right-of-way line of Old U,S, Highway 49;
thence filll South 35 degrees 15 minutes 50 seconds East 267.4 fect along the westerly
right-of-way line of Old U.S. Highway 49; thence run South 26 degrees 26 minutes East
6.7 feet along the westerly right-of-way line of Old U,S, Highway 49 to the Point of
Beginning; thence run from said Point of Beginning, South 26 degrees 15 mlllutes East
109.3 feet along the westerly right~of~way hne of Old U.S. Highway 49; thence run South.
21 degrees 17 minutes East 111.1 feet along the westerly riglll-of~way line of Old U.S.
Highway 49; thence run South 68 degrees 44 minutes West 115.0 feet; thence run souLh
68 degrees 42 minutes We.st 30.0 feet; thence run NOlth 21 degrees 18 minutes West 77.8
feet; thence Il.In North 68 degrees 42 minutes East 30.0 feet; thence run North 21 degrccs
18 minutes West 142.1 fcet; thence run North 68 degrees 42 minutes East 1.056 feet to
the Point of Beginning, Parcel containing 0.62 acres, more or less.
Parcel 3:
A parcel of land situated and being located in Section 16, Township 7
Sonth, Range I J West, First Judicial District of Hamson County, Mississippi and being
more particularly described as follows, to-wit: Beginning at the Point of Begilming of
Parcel "A" as described in Deed Book 1092 at pagc 508, said point being On the westerly
nght~of~way line of Old U.S, Highway 49; thence run from said Point of Begilming,
South 30 degrccs 36 minutes 50 seconds East 20.0 reet along the westerly light~of~way
line of Old U.S. Highway 49; thence run South 35 degrees 15 minutes 50 secondsEast
267.4 fect along the westerly right-of-way line of Old U.S. Highway 49; thence Il.In Soutll
26 degrees 26 miuutes East 6,7 feet along the westerly right~of~way linc of Old U.S.
Highway 49; thence rull South 68 degrees 42 minutes West 1056 leet; thence run South
21 degrees 18 minutes East 142.1 feet; thence run South 68 degrees 42 rninutes West
30.0 feet; thence run South 21 degrees 18 millutes East n.B feet; thence 11m NOl1h 68
degrees 42 millutes East 30,0 feet; thence I1Ill North 68 degrees 44 minutes East 115.0
feet to the westerly right-or-way line of Old U.S Highway 49; thellce rlm South 21
476
MINUTE BOOI(
MARCH 2004 TERM
de[,~ees
15 minutes East 137.0 feet along the westerly right-of-way line of Old U.S.
Highway 49 to the northerly margin of Landon Road; thence run South 83 degrees 20
minutes West125.0 feet along the northerly margin of Landon Road; thence nm North 84
degrees 00 minutes West 126.2 feet along the northerly margin of Landon Road; thence
run North 76 degrees 22 minutes 40 seconds West 77.7 feet along the n0l1herly margin of
Landon Road; thence run N(J11h 10 degrees OOminutes 12 seconds West 601.6 feet;
thence nm South 72 degrees 39 minutes 40 seconds East 129.7 feet to the Point of
Beginning. Parcel contains 2.61 acres, mOre Qr less,
rarccl 4: A parcel of land situated and being located in Section 16, township 7 South,
Range 11 \Vest, First Judicial District of Hanison County, Mississippi and being more
particularly descrihed as follows, to-wit: Commencing at the Point of Beginning of Parcel
"A" as described in Deed Book 1092 at page 508, said point being on the westerly rightof-way line of Old u.s. Highway 49; thence nm East 60.23 feet to the easterly right-of-.
way line of Old U.S, Highway 49 and the Point of Beginning; thence continue from said
Point of Beginning, East 132.11 feet to the westerly light-of-way line of the MidSouth
Rail Corporation, formerly the Illinois Central & Gulf Railroad; thence run South 19
degrees 15 minutes 27 seconds East. 310.37 feet along the westerly right-of-way line of
said railroad; thence run North 70 de!.'fee, 44 minutes 33 seconds East 25.00 feet along
the right-of-way line of said railroad; thence run ,outh 19 degrees 15 minutes 27 seconds
East 244.00 feet along the westerly right-of-way line of said railroad to the northerly
margin of Landon Road; thence run North 73 degree, 34 minutes 59 ,econds West 60.22
feet along the northerly lllargin of Landon Road to the easterly light-of-way line of Old
U.S. Highway 49; thence run North 31 degrees 44 minutes 34 seconds West 52.0 feet
along the easterly right-of-way line of Old U.S. Highway 49; theoce run NOl~h 21 Je[,'fees
17 minutes West 143.0 feet along the easterly right-ofway line of Old U.S. Highway 49;
thenee run North 26 degrees 15 minutes West 113.0 feet along the easterly right-nt~way
line of Old u.s. Highway 49; thence run North 34 degrees 38 minutes 52 seconds West
266.54 feet aloog the easterly right-of-way line of Old U.S. Highway 49 to the Point of
Beginning. Parcel contains 0.88 acres. more or less.
AND ALSO: Legal Descrintion:
Commence aL an iron pipe at the Southwest COrner of the Northwest Quarter of the
Northwest Quarter of Section 16, Tnwnship 7 South, Range II .West, First Judicial
Distdot, Hani'lm County, Missi,sippi; thence proceed N 00 degrees 03' W alnng the
west 1ioe of the NOl~hwest Qual~er of the Northwest Quarter of said Section 16,450.1
feet (0 au lroll rod; thence N 88 degrees 13' E, 599.1 feet to an iron rod; thence N 00
degrees 03' W, 125.9 feet to an iron "T" po,t, the POrNT OF BEGINNING; thence N 00
degrees 03' W, 75.2 feet to an iron rod; thence S 72 degrees 30' E, 387.8 feet to an iron
rod; thence S 43 degrees 00' W, 186.1 feet to an Iron rod; theoce N 24 degrees 45' W,
200.9 feet to an iron T post; thence S 88 degrees 13' W, 158.8 feet to the POrNT OF
BEGINNING, containing 0.62 acres approximately and being located in the Northwest Vof said Section 16.
MINUTE BOOI<
MARCH 2004 TERM
478
MINUTE BOOI<
MARCH 2004 TERM
RENT OPTION DISCLOSURE
It is agreed that the Lessor and Lessee have reviewed the 16'" Sectlon Commercial
Leases. both the amortizatil)n and the five-year re-appraisal, and after reviewing both
leases, Lessee hereby accepts thelJHo~T1"2AI1oN
lease. The parties agree that this
method of rental payment will be in full force and effect during the hfe of the lease,
\mtess a neW' ElfJpra1Mil ha~ heen cnnfhlcted and it new leHRe Ims h~p.n agreed upon
between the Lessor and Lessee.
Date~f
I
---------------------------'
479
MINUTES
MARCH 2004 TERM

foregoing order, whereupon the Question was put to a vote with the following results:

Supervisor LARRY BENEFIelD
voted

Supervisor WILLIAM W. MARTIN
voted
AYE
AYE
AYE
AYE
AYE
480
MINUTES
MARCH 2004 TERM

ORDER APPROVING LOAN APPLICATIONS FOR THE HARRISON

COUNTY HOME PROGRAM, AS LISTED

Board does HEREBY APPROVE loan applications for the Harrison county HOME program, as
listed:
1) Anthony Montlforte for structure located at 10073 Church Avenue, D'Iberville, in
Supervisor'S voting District 1 in the amount of $13,SOO.00 <$12,500.00 for down payment and
$1,000.00 for closing cost) and approving issuance of check to Estes and Estes, P.A. for
said amount, payable from 064450-700.
2) William oren for structure located at 19448 Lakeview Drive, Gulfport in Supervisor'S
voting District 2 in the amount Of $13,500.00 <$12,500.00 for down payment and $1,000.00 for
closing cost) and approving issuance of check to Meadows Riley Law Firm for said amount,
payable from 064450700.
The loan applications, with supporting documentation, are on file With the Clerk of
the Board.
AYE
AYE
AYE
AYE
AYE
supervisors present, the preSident declared the motion carried and the order adopted.
MINUTES
481
BOARD OF SUPERVISORS, HARRISOI" COUNTY, MISSISSIPPI
MARCH 2004 TERM

ORDER APPROVINC BUDCET AMENDMENTS FOR FY 2004, AS PER
ATTACHED LIST

Board does HEREBY APPROVE bUdget amendments for FY 2004, as per attached list, same
being as follows:
BUDGET AMENDMENTS FY 2004
I
03f02f2004
482
MIN UTE S
MARCH 2004 TERM

483
MINUTES
MARCH 2004 TERM

supervisor MARLIN R. LADNER moved adoption of tile fallOwing:
ORDER ACI{NOWLEDGING RECEIPT OF AND SPREADING UPON THE
MINUTES THE FINAL ClAP ANNUAL REPORT FOR THE WOLF RIVER
WATERSHED PROTECTION PROJECT MS24.10
Board does HEREBY ACKNOWLEDGE receipt of and spread upon the Minutes the final ClAP
annual report for ttle wolf River Watershed protection project MS-24.10, same being as
follows:
MS.
2004 MISSISSIPPI COASTAL IMPACT ASSISTANCE

PROGRAM ANNUAL PROGRESS REPORT
Deadline: April 30, 2004
INSTRUCTIONS: Refer to the attached memo and NOAA's Guidance on Your Annual Progress Report for
more details on how to complete this form. Please submit this form electronically to your county
coordinator (if applicable). Regional projects should submit this form directly to MDEQ at
elizabeth_barber@deq.state.ms.us. Be sure to complete all fields and describe your ClAP project's
accomplishments through December 2003. If you have questions, call Elizabeth Barber at 601-961-5145.
PROJECT TITLE:
LEAD AGENCY
PROJECT
OFFICER:
WOLF RIVER WATERSHED PROTECTION PROJECT MS-24.10
BARRISON COUNTY BOARD OF SUPERVISORS

Robert E. Fairbank
President, Wolf River Conservation Society (WRCS)
Is this your (mark one) _ _ ANNUAL PROGRESS REPORT OR
FINAL REPORT?
SECTION 1: STATUS OF YOUR PROJECT

A. ACCOMPLISHMENTS TO DATE; Please describe in detail the activities from your approved
WORKPLAN that you have completed through December, 2003 to deliver your project ill a timely and
successtul mal1l1er. Use as much space as you l1eed. We el1courage you to attach electrol1ic copies
of photos, maps, media coverage, brochures, plal1s. reports and other work products with this
report. It you don't have electronic copies, please mail your attachments.
(Text boxes will expand to accommodate any length of comments),

Project ImplementoltioD Plan
SEE ATTACHED PAGE
Implementinl:: Collaboration
A draft copy of the watershed management manual is complete. The Conservation

Fund continues to work with the WRCS on acquisition of additional watershed
lands for acquisition and protection~
Implementin" Education/Outreach
The WRCS produced a newsletter and press release and has given final approval
for implementation of a Wolf River Trail for youth groups. NASA has provided
remote sensing photography of the Wolf River watershed.
Serv;rp' h~< rpcpn>1u cnmn 'p>pc' >wn
WOePT
Southern Company
n,,,1
r.
484
MINUTE BOOI{
MARCH 2004 TERM
I
Project Implementation Plan
"P1
The surveying, marking, and legal description of the Blakeslee Preserve
acquired easement have been completed.
P-2, P-3, P4
The appraisal, acquisition, title search, legal documentation and filing of the
Blakeslee Preserve conservation easement of 366 acres in Harrison County
has been completed.
P-5
The baseline documentation and publication of the Blakeslee Preserve
baseline documentation report have been completed.
P-s, P-7, P-8, P-9
The Wolf River Conservation Society (WRCS) has submitted all invoices
related to the approved project workplan (MS 24.10). The WRCS is attending
all required Harrison County ClAP meetings and submitting required progress
reports. Funding and maintenance of the Blakeslee Preserve easement is
continuous .
.. All documentation and original copies of the Blakeslee Preserve survey,

easement, legal documentation, appraisal, and baseline study have been
forwarded to the Mississippi ClAP Director at the Mississippi Department of
Environmental Quality.
485
MINUTE 8001<
MARCH 2004 TERM
I
Avoiding Duplication
The Blakeslee Preserve easement acquired September 18, 2002 is perpetual
and legally cannot be duplicated.
1m lementin Best Mana ement Practices for Environmental Pur oses

The WRCS, MDEQ. MDWF&P and Wildlife Technical Services continue to oversee
and ensure best management procedures
~~~~--
Implementation and Utilization of Products and/or Project
N/A
Imulementiul! Sustainabilitv Beyond ClAP Fundin~
The WRCS has established funds to be set aside to monitor and enforce
restrictions of the Blakeslee Preserve Conservation Easement.
6. ESTIMATED TIME FOR COMPLETION:

Please estimate the ercenta e towards com letlon lh.,-,a=-=l~=..:;~=..:;==::~c.:.::::-==,-,,-,=.::....:='-:-'~:,-,
10%
25%
50%
75%
SECTION 2: AMENDMENTS
List any approved or anticipated amendments to your project
SECTION 3: WORK PRODUCTS

!'lease list all work products completed to date (and attach to this report or send to MDEQ). This is mandatory
for all ClAP participants using this form as their final report.
I
Pll.~~ 1
of 4
MINUTE BOOI{
MARCH 2004 TERM
PRD..IECT BUDGET INFORMATION
Tolal OAP Funds

Received by Project
Participant Through Balance of
Deceniler 31 , 2003 OAP Funds
(SlAlIract Colum 2
from CoIl.nn 1)
a. Personnel
b. Fringe Benefits
c. Travel
d. equipment
e.
plies
f. Contractual
g. Construction
h. Other
50 000
-0-
-0-
a
I. (suma-h)
J.
350,000
-0-
350 000
-0-
Indirect Charges
k TOTALS (sum I and j)
*Column 1: If we have approved a bUdget revision for your project, please list the
revised budget in this column.
If your project includes infrastructure, please indicate the amount of funds that have
._~_
been spent on infrastructure: $_-_O_-
I
Page: 3 of4
MINUTE 8001<
487
MARCH 2004 TERM
I MS.
KEY PERSONNEL LIST: Help us maintain an updated list. Provide complete
information on all key personnel for vour project (including fax and e-mail
addresses).
AGENCY DIRECTOR -
Name:
Title:
Address:
Joe Feil
Chairman. WRCS
WRCS
POBox 447
Pass Christian MS
Telephone:
Fax:
e-mail address:
228-452-7666
228-452-5616
JLF@DATASYNC.com
PROJECT OFFICER-
228-865-5515 (w)
228-865-5616
refairba@southernco.com
F
i
Generally tbe same person indicated on the first page of the Report
Telephone:
Fax:
e-mail:
Address:
39571
Robert E. Fairbank (Bob)

President
WRCS
POBox 447
Pass Christian MS 39571
I Name:
Name:
Title:
Address:
FINANCE DIRECTOR -
'I
Individual authorized to sign the assistance agreement application and award

acceptance
Telephone:
Fax:
E-mail:
Individual responsible for (1) maintaining the accounting/financial management

system supporting grant expenditures: (2) preparing financial report.; and (3)
maintainiug the Letter of Credit. Note: If any of these responsibilities are located in
allother office, please so indicate.
Earline Sawyer
Treasurer
WRCS
POBox 447
Pass Christian MS
-~
39571
228-863-0232 (w)
228-863-0632
earline@sawyerrealestate.com
---1
Complete this form and send it to your county contact (sec attached contact sheet), or for
regional pl-Ojccts, to MDEQ clo Elizabeth Barber, elizabeth barber@deq.state.ms.us or P.O.
Box 20305, .Jackson, MS 39289-1305. Questions'! Call 601-961-5145.
-----.J
488
MINUTES
MARCH 2004 TERM

supervisor WILLIAM W. MARTIN seconded the motIon to adopt the above and
supervisor BOBBY ELELITERIUS voted
AYE
AYE
AYE
AYE
AYE
489
MINUTES
MARCH 2004 TERM

supervisor MARLIN R. LADNER moved adoption of the follOwing:
ORDER ACKNOWLEDGING RECEIPT OF THE REQUEST FOR REVIEW
FILED BY THE MISSISSIPPI DEPARTMENT OF MARINE RESOURCES
DMR040493 FOR PROPOSED AMENDMENT TO THE MISSISSIPPI
COASTAL PROGRAM "MARINA" DEFINITION AS ON FILE WITH THE
CLERK OF THE BOARD, AND AUTHORIZING THE BOARD PRESIDENT
TO EXECUTE THE ACI{NOWLEDGMENT OF RECEIPT

Board does HEREBY ACKNOWLEDGE receipt of the request for review filed by tile Mississippi
Department of Marine Resources DMRQ4Q493 for proposed amendment to the Mississippi
coastal program "Marina" definition as on file With tl1e Clerl< Of tile Board. It is furtller,
ORDERED tllat the Board does HEREBY AUTHORIZE tile Board President to execute the
aCknowledgment of receipt, same being as follows:
MISSISSIPPI
DEPARTMENT OF MARINE RESOURCES Cc
REQUEST FOR REVIEW
To:
Mayors
County District Attorneys
County Prosecuting Attorneys
County Boards of Supervisors
Gulf Regional Planning Commission
Southern Mississippi Planning and Development District
Mississippi Wildlife Federation
Department of Wildlife, Fisheries and Parks
Secretary of State
FROM:
Mississippi Department of Marine Resources
SUBJECT:
Proposed Amendment to Mississippi Coastal Program "Marina" Dennition;

DMR-040493
DATE:
February 19, 2004
Enclosed is a proposed amendment to the Mississippi Coastal Program "Marina" Dennilion.

You are being notined in accordance with Chapter 8, Section 1, Part 4 of the Mississippi
Coastal Program.
A public hearing will be held Wednesday, March 31, 2004 at 6:00 p.m. in the AUditorium
of the Bolton BUilding, located al1141 Bayview Avenue, Biloxi Mississippi 39530.
If you would like to comment on the proposed amendment, please provide your comments
In writing to our ornce by 1:00 p.m. on April 7, 2004.
If you do not wish to submit comments on proposed amendment, please acknOWledge
receipt by signing and returning this Request to the Department of Marine Resources,
ACKNOWLEDGMENT OF RECEIPT:
-=_-c-_ _~
Signature
Date
490
MINUTE BOOI<
MARCH 2004 TERM
Proposed Amendment to Mississippi Coastal Program (MCP)

"Marina" Definition
The Department of Marine Resources proposes changing the current definition of
"marina" to provide further clarification of the types of berthing facilities that are
prevalent in coastal Mississippi. The proposed change would clarify the use
district where various types of berthing facilities may locate. The DMR is also
proposing to eliminate the requirement for a "10%" set aside for boat slips to the
general public. This provision acts as a disincentive for the development of multifamily marinas. The DMR believes that it is in the best interest of the public to
encourage multi-family marinas rather than encourage the proliferation of piers
and berthing facilities for single-family residences.
Proposed amended definition of "Marina" (MCP Chapter V/I/, Section 1.,

Part lII.v.)
Marina:
A facility proViding mooring spaces for boats and that may

provide supplies and services inclUding but not necessarily
limited to electricity, freshwater, fuel or sewage collection
facilities and with at least one of the following unique
features:
A protected basin utilizing manmade and/or natural barriers;

Mooring space offered for lease or as an ancillary to
developments such as single-family residential
developments, condominiums, apartments or yacht clubs.
Marinas are further subdivided into three classes:
Public Marina:
A marina that offers mooring spaces and docking facilities
for lease by the general public. "Public marina" includes
recreational and commercial marinas, and they require a "e"
or "I" use district designation.
Private Multi-Residential Marina:

A marina that is part of an adjacent single-family home
subdivision or multi-family condominium or apartment
development that provides mooring spaces and docking
facilities restricted for use by only home owners or tenants of
the adjacent development. Mooring and berthing spaces
may not exceed the number of individual homes,
MINUTE BOOI<
MARCH 2004 TERM
I
condominiums or apartments in the adjacent development.
Private multi-residential marinas with twenty (20) or fewer
mooring spaces are compatible with a "G" use district
designation. Private multi-residential marinas with more than
twenty (20) mooring spaces require a "C" or "I" use district
designation.
Yacht Club:
A marina that restricts mooring spaces and docking facilities

to members only of a private association or organization.
Yacht clubs require a "C" or "I" use district designation.
Proposed amendment to Marina Guidelines (Chapter VIfI.! Section
2,Part II/.C.111
11.
491
Marina developers shall provide proof of application to the

Secretary of State for a submerged land lease for use of
public trust lands.
492
MINUTES
BOARD OF SUPERVISORS. HARRISON COUNTY J MISSISSIPPI
MARCH 2004 TERM
AYE
AYE
AYE
AYE
AYE
The Motion having received the affirmative vote from the majority of the supervisors
present, the President then declared the motion carried and the order adopted.
493
MINUTES
MARCH 2004 TERM

ORDER ACKNOWLEDCINC RECEIPT OF CHECK # 216925 TENDERED
BY MARDI GRAS WINE & SPIRITS, INC. IN THE AMOUNT OF
$1,500.00 FOR TAP FEES

Board does HEREBY ACKNOWLEDGE receipt of check
# 216925 tendered
by Mardi Gras Wine &
spirits, Inc. in the amount of 51,500.00 for tap fees.

supervisor CONNIE M. ROCKeo seconded the motion to adopt the above and
foregoing Order, whereupon the question was put to a vote with the following results:
AYE
AYE
AYE
AYE
AYE
present, the president then declared the motion carried and the Order adopted.
494
MINUTES
MARCH 2004 TERM

ORDER ACKNOWLEDCINC RECEIPT OF CHECK # 2534 TENDERED
BY THE CULF COAST CLASSIC CO. LTD. IN THE AMOUNT OF
$11,950.00 FOR USE OF THE HARRISON COUNTY FAIRCROUNDS
FOR PERIOD OF 2/18 THRU 2/22/2004
Board does HEREBY ACKNOWLEDGE receipt of check # 2S34 tendered by the Gulf coast Classic
co. Ltd. in the amount of $11,950.00 for use of the Harrison County Fairgrounds for period
of 2/18 thru 2/22/2004.
supervisor CONNIE M. ROCKCO seconded the motion to adopt the above and
foregoing ordet, whereupon the question was put to a vote with the following results:
AYE
AYE
AYE
AYE
AYE
4~)5
MINUTES
MARCH 2004 TERM

ORDER ACKNOWLEDGING RECEIPT OF CHECK # 034193 TENDERED
BY THE HARRISON COUNTY SCHOOL DISTRICT IN THE AMOUNT OF
$9,319.00 FOR SURVEY PERFORMED BY THE ENGINEERING
DEPARTMENT I AND AMENDING BUDGET lINCREASE) FOR LINE
ITEM 001-156-921

Board does HEREBY ACKNOWLEDGE receipt Of check
# 034193 tendered by the Harrison
County School District in the amount of $9,319.00 for survey performed by the Engineering
Department. It is further,
ORDERED that he Board does HEREBY AMEND budget (increase) for line Item
001-156-921.
AYE
AYE
AYE
AYE
AYE
The Motion having received the affirmative vote from the majority Of the Supervisors
MINUTES
MARCH 2004 TERM

ORDER APPROVING PURCHASE OF SURVEY EQUIPMENT FOR USE
BY THE COUNTY ENGINEER FROM LOW QUOTE SUBMITTED BY
GULF INSTRUMENT SERVICE, INC. IN THE TOTAL AMOUNT OF
$8,166.00 PAYABLE FROM FUNDS RECEIVED FROM SURVEY FOR
THE HARRISON COUNTY SCHOOL DISTRICT
Board does HEREBY APPROVE purchase of survey equipment for use by the County Engineer
from low quote submitted by Gulf Instrument Service, Inc. in the total amount of $8,166.00
payable from funds received from survey for the Harrison County school District, said
quotes being as follows:
32/25/2004
13:10
331 E,853505
'~~,\ ~fES INSTRUMENT CO., INC.
.;
502 S. cannon Blvd,

Shelbyville, TN 37160
Tel; 1-800.251-12BO
Fa~: 1.931.685-9505
www.hayeelnslrument.COm
m_I--y-
J I
~
Irt
PAGE
HAVES
ARRISON COUNTY ENGINEERING
ARRY SAUCIER
11/11
QUOTE
.IIEJl1Jl
MAQ4036
1~.D!t-l 01126/04
m"ITt~ft Eddie
Lm
601831,3356
IImm
228-8324691
ii:rnm
GE~ [i~!]J~lm~.~!l1lJimlll~.OO~hllll~IIIllI"I.~11_lllM!Ul[~lj[t;.~ 1'!.~~Gilm\]

TDS
Recon 200e wittl 64 MB & 200 MHz Processor;

with Standard Sof!wem, Soft Carry Case, USB cable,
(10) Screen Protector., (2) Stylus Pens & AlC Charger
Tepeen Cable
1
1
1
~
Recon Tripod Bracket
Crain 12' Compeselne Prism Pole

Seco eclipse Premier Single Tilling Prism
CST Heavy Duty Weod-Flbg. QIR 60WDF20 Tnpod
seeo TOTAL STATIOrJ BACKPACK
Topcon GPT 3005 To',al Station 5"
REFLECTORLESS D Jal Compensirtion , Shoets 850 ft. renectorlllSs
Also Shoots 22,900 to a single prism, includes 2 batterys and charger
$~.488,00
$1,488.00
$67.00
$6700
$45.00
$45.00
$198.00
$198.00
$134.85
$134.85
$125.55
$~25.55
$139.50
$139.50
$5,99500
$5,995.00
Total
$8,192.90
We appreciate the opportunity in letting US provide you with thiS quote. If you have any further questions
or I can be of any assistance please do not hesitate to give me a (;all.
Best Regards,
Eddie
497
MINUTE Baal<
MARCH 2004 TERM
FRor'1 : GULF Jt~STRUMEtn SERU I CE
.PHONE NO.
: 504 733 4957
Mar. 01 2004 10: 19AM Pi
PHONE (800) 824-7735 fA...'X (504) 733-4957
Customer ID.
I.
SUBTOTAL
\~f
Mise
8AeO",
'198
MIN UTE S
MARCH 2004 TERM
AYE
AYE
AYE
AYE
supervisor CONNIE M. ROCKCD voted
AYE
MINUTES
MARCH 2004 TERM

ORDER ADJUDICATING OVERTIME FOR OUTSIDE BUILDINCi &
CiROUNDS AS PER LIST ON FILE WITH THE CLERK OF THE BOARD

Board does HEREBY ADJUDICATE overtime for Outside Building & Grounds as per list on file
with the Clerk of the Board.
foregoing Order, whereupon the question was put to a vote with the following reSUlts:
AYE
AYE
AYE
AYE
AYE
5(10
MINUTES
MARCH 2004 TERM

ORDER APPROVINC DEPOSIT OF $87,672.17 INTO THE WORKERS'
COMPENSATION TRUST FUND TO MAINTAIN THE REQUIRED
$50,000.00 BALANCE

Board does HEREBY APPROVE deposit of $87,672.17 into the Workers' Compensation Trust
Fund to maintain the required S50,000.00 balance.

Supervisor CONNIE M. ROCKeO seconded the motion to adopt the above and
AYE
AYE
AYE
AYE
Supervisor CONNIE M. ROCKeO voted
AYE
present, the president then declared the motion carried and the order adopted.
501
MINUTES
MARCH 2004 TERM

ORDER APPROVING TRAVEL, AS LISTED

Board does HEREBY APPROVE travel, as listed:
aJ Patti Dedeaux, Insurance/Risk Manager to attend PIA 2004 Continuation Education
class in Jackson, MS March 8-9, 2004 at an estimated cost of $160.00.
bJ Linda Rouse and IvY Lacy, Civil Defense, to attend the Alabama Hurricane
conference in Mobile, AL April 28-29, 2004 at an estimated cost of $68.00.
cl pam Ulrich, county Administrator, to attend the MS City/county Management
Association meeting in canton, MS April 2223, 2004 at an estimated cost of $85.00.
dl Danny Boudreaux, county Engineer, to attend Minimizing the Impact of utilities on
Streets and Rlght-ofways seminar in Las Vegas, NV May 9-11,2004 at an estimated cost of
$1,250.00.
e) Neille Jones, Purchase Clerk, to attend the MAGPPA purchasing month workshops in
Jackson, MS March 16-17, 2004 at an estimated cost of $200.00.
fJ Any supervisor to attend the Sea Trade Cruise conference in Miami, FL, March 15,19,
2004, at an estimated cost of $1,357.00 per person.

Supervisor CONNIE M. ROCKeo seconded the motion to adopt the above and
foregoing Order, whereupon the Question was put to a vote with the following reSUlts:
AYE
AYE
AYE
AYE
Supervisor CONNIE M. ROCKeo voted
AYE
The Motion having received the affirmative vote from the majority Of the Supervisors
present, the President then declared the motion carried and the order adopted.
502
MINUTES
MARCH 2004 TERM

ORDER APPROVING A $3,000.00 APPROPRIATION FOR
ADVERTISING COUNTY RESOURCES AT THE 67TH SEVENTH
DISTRICT MEETING OF OMEGA PSI PHI FRATERNITY, INC_,
PAYABLE FROM 002 100522
Board does HEREBY APPROVE a $3,000.00 appropriation for advertising County resources at
the 67th Seventh District meeting of Omega Psi Phi Fraternity, Inc., payable from
002100522.
AYE
AYE
AYE
AYE
AYE
MINUTES
MARCH 2004 TERM

ORDER APPROVINC ADVERTISEMENT OF COUNTY RESOURCES, AS
LISTED, PAYABLE FROM 001 675 522

Board does HEREBY APPROVE advertisement of County resources, as listed, payable from 001
675522:
$500.00 to the LOng Beach High School Concert Choir to advertise county resources at
the choir festival in New York on March 27, 2004.
$250.00 to the Gulfport Admiral Golf Booster Club to place Harrison County's name on
traveling van as It travels throughout the south to tournaments.
$250.00 for ad in program for District Golf Tournament sponsored by Long Beach
High SChool Golf Booster ClUb.

$975.00 to City of Gulfport for advertisement in 2004 City of Gulfport Parks &
Recreation Guide.
Supervisor BOBSY ELEUTERIUS voted
AYE
AYE
AYE
AYE
AYE
504
MINUTES
MARCH 2004 TERM

Supervisor CONNIE M. ROCKCO moved adoption of the following:
ORDER APPROVINC INSTALLATION OF STREET L1CHTS, AS LISTED

Board does HEREBY APPROVE installation of street lights, as listed:
1) 3 lights on New Highway 67 North located in Supervisor's Voting District 5
2) 16431 Wickstrand Road located in Supervisor's voting District 5.

3) 18045 South Carr Bridge Road, Supervisor's Voting District 5.
4) 16316 Old Highway is, Supervisor'S Voting District 1.
foregoing Order, whereupon the question was put to a vote with the following results;
AYE
AYE
AYE
AYE
AYE
5('5
MINUTES
MARCH 2004 TERM
Supervisor CONNIE M. ROCKCO moved adoption of the following
Order:
AN ORDER OF THE HARRISON COUNTY BOARD OF
SUPERVISORS AUTHORIZING THE CREMATION AND/OR
BURIAL OF ROBERT DEFOREST, WHO DIED AT 801
36 TH AVENUE, NO. 104, GULFPORT, MISSISSIPPI,
AND WHOSE BODY HAS REMAINED UNCLAIMED SINCE
THE DATE OF HIS DEATH, WHICH OCCURRED ON OR
ABOUT JANUARY 15, 2004, AND FOR RELATED
PURPOSES.
WHEREAS, the Harrison County Coroner has advised the
llarrison County Board of Supervisors that Robert Deforest, born

April 22, 1939, Social Security Number
454~S8-6672,
died on or
about January 15, 2004, at 801 36 th Avenue, No. 104, Gulfport,

tvlississippi; and
WHEREAS,
the last known address of the decedent was 801 36 th
Avenue, No. 104, Gulfport, Mississippi; and

WHEREAS, the Coroner has advised the Board,
that upon
diligent search and inquiry, he has been unable to locate any

relatives of decedent to claim the body, and has requested
authority from the Board to cremate and/or bury the unclaimed
body; and
WHEREAS, the Board finds that this request should be
granted.
NOW THEREFORE, BE IT ORDERED,
SECTION I: The Board finds that Robert Deforest, born April
22, 1939, Social Security Number 454-58-6672, died on or about

,Tanuary 15, 2004, at 801 36 th Avenue, No. 104, Gulfport,
Mississippi.
MIN UTE S
5(/6
MARCH 2004 TERM
SECTION II: That the last known residence address of the
decedent, was 801 36 th Avenue, No. 104, Gulfport, Mississippi.
SECTION III: That upon diligent search and inquiry, by the
Harrison County Coroner, no relatives of decedent have been found

and his body has therefore remained unclaimed.
SECTION IV: Pursuant to Miss. Code Annotated 41-39-5, et.
seq., the Board of Supervisors has the right and responsibility

to bury unclaimed bodies held by a hospital, such as Biloxi
Regional Medical Center, which has not been claimed for burial or
cremation within forty-eight
(48) hours of death.
SECTION V: The Board further finds that reasonable efforts
were made to notify decedent's family, or other known interested

parties, and that the body has remained unclaimed, despite such
efforts.
SECTION VI: The Board does hereby authorize Riemann Funeral
Home to cremate and/or bury the remains of Robert Deforest, and

to render its statement to the County for such services.
Supervisor MARLIN R. LADNER seconded the l-lotion
to adopt the above and foregoing Order whereupon the President
put the question to a vote with the following results:

SuperviSal: BOBBY ELEUTERIUS
voted,
AYE,
voted,
AYE,
voted,
AYE,
Supervisor CONNIE: ROCKCO
voted,
AYE,
Supel:visor WILLIAM MARTIN
voted,
AYE,
MINUTES
5CJ7
MARCH 2004 TERM
The majority of the members present having voted in the
affirmative, the President then declared the Motion carried and

the Order adopted on this the 8th day of March 2004.
508
MINUTES
MARCH 2004 TERM

Supervisor MARLIN R. LADNER moved adoption of tile following:
ORDER ACKNOWLEDGING RECEIPT OF AND SPREADING UPON THE
MINUTES OF THE BOARD CHECI{ # 029521 FROM THE CITY OF
D'IBERVILLE IN THE AMOUNT OF $50,000.00 FOR PAYMENT OF
LAW ENFORCEMENT SERVICE COVERED BY THE INTERLOCAL
AGREEMENT
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, tllat tile

Board does HEREBY ACKNOWLEDGE I-eceipt of and spreading upon tile minutes of tile Board
cllecl<
# 029521
from tile city of D'Iberville in tile amount of $50,000,00 for payment of law
enforcement servic~ covered by tile Interlocal Agreement.
029521
CITY OF D'IBERVILLE
Check
INV
D~te
D~lE
~1~/03/2004
10S3
~iARRISON
DESCR~PTION
CO
BO~RD
OF SUPERVISORS C;,eck No.
H1V NO
mv
1121,(+58
5121, iZilll!Z1, 0QI
TOTAL
DISC
T~lf',EN
29521
At~T
P~II
0. \,OIZ!
512l ,812HZ!. DC
CHt:CY. TOTAL
50\ 000. 8Q
DETACH BEFORE DEPOSITING AND RETAIN FOR YOUR RECORDS
,,,
$$-127 I 1l4'l
P.ANCORP soutH
BILOXI, MISSISSIPPI
CITY OF D'IBERVILLE
P.O, BOX 6519
D'IBERVILLE, MISSISSIPPI 39540
~95
No,
DATE
028521
AMOUNT
03/03/2804
Fifty Thousand
PAY
TWE
ORDER
And No/100
DQll~t~s
H"lRRISON CO BOARD OF SUpE:RVISORS

P. O. DRiCHjER CC
GUL FPORT, 1'15
39502-0S60
OF
509
MINUTES
MARCH 2004 TERM

foregoing order,whereupon the question was put to a vote with the following results:
AYE
AYE
AYE
AYE
AYE
510
MINUTE 8001<
MARCH 2004 TERM
RESOLUTION SUPPORTING LOCAL AND PRIVATE LEGISLATION

TO CREATE HARRISON COUNTY STORMWATER MANAGEMENT DISTRICT
WHEREAS Harrison County (the "County") recognizes that the proper management of
stomWl'ater and other non-point source pollution is an important public concern, particularly in
Harrison County, Mississippi, which borders on the waters of Mississippi Sound, and
WHEREAS, the County recognizes that the prevention of non-point source pollution from
reaching the rivers, streams, bays, bayous, estuaries, sounds and other Mississippi waters is a
countywide problem that should be managed on a countywide basis in the most economically
advantageous manner possible in order to cause the abatement of pollution, including through the
use ofeconomies ofscale; and that the abatement ofstonnwater pollution and other non-point source
pollution can best be accomplished through the establishment of a management district to provide
for the planning and financing ofadequate programs and facilities for the management of stonnwater
and other non-point sources of pollution and applyi.ng for grants to accomplish such purposes. such
district to act for the benefit of all its member public agencies and other persons within Harrison
County who desire by means of and through such authority to obtain the benefits thereof; and
WHEREAS, the proposed attached legislation (the "Act"), ifadopted into law will be in the
best interests of the citizens of Harrison County and the public agencies located within the County
by establishing the Hanison County Stormwater Management District to accomplish the purposes
stated above, to function in a model similar to the existing Harrison County Wastewater and Solid
Waste Management District. the purpose of which will be to prevent manage and otherwise
appropriately deal with issues of stomlwater management and the management of other non-point
fj 11
MINUTE BOOI<
MARCH 2004 TERM
I
source pollution, including pollution caused by septic tanks and other surface water nm-off
NOW THEREFORE, the Goveming Authority of the HaJTison County, Mississippi hereby
resolves as follows, to-wit:
1.
That Hanison County hereby recommends passage ofthe proposed Hanison County
Stormwater Management Act in form substantially similar to that attached hereto by
the Honorable Legislature of the State of Mississippi, and as time for compliance
with all applicable local, state and federal laws and regulations is of the essence,
encourages such passage as soon as reasonably possible.
2.
That copies of this Resolution and the attached proposed Legislation be distributed
to the entire Harrison County legislative delegation, to the Speaker of the House, the
Lieutenant Govemor, and to members of the Legislature.
3.
That this Resolution take affect and be in force from and after its passage.
moved the adoption of the above and foregoing Resolution,
which was second by WILLIAM W. MARTIN
" and upon being put to a vote of the Goveming
Body, the vote was as follows:

Supervisor Bobby Eleuterius
voted
AYE
Supervisor Lany Benefield
voted
AYE
Supervisor Marlin Ladner
voted
...AlL
Supervisor William Martin
voted
..ML
Supervisor Connie Rockco
voted
--AY..E..-
The motion having received the affirmative vote of a majority of the members
present, the President of the Governing Body declared the motion carried and the
Resolution adopted on this, the 8th day of March 2004.
MINUTE 8001<
BOARD OF SUPERVISORS. HARRISON COUI\lTY, MISSISSIPPI
MARCH 2004 TERM
MISSISSIPPI LEGISLATURE
REGULAR SESStON 2003
By:
To;
Senator(s) Gallott , Cuevas, Dawkins,

Hewes, Lee
SENATE BILL NO.
Local and Private;
Finance
2899
10
AN ACT TO PROVIDE A METHOD FOR THE MANAGEMENT OF STORMWATER

AND OTHER NONPOINT SOURCE POLLUTION; TO CREATE THE HARRISON COUNTY
STORMWATER ~~AGEMENT DISTRICT AND TO DEFINE ITS DUTIES, POWERS
AND RESPONSIBILITIES; TO AUTHORIZE PUBLIC AG8NCIEs TO CONTRACT
WITH THE DISTRICT AND TO LEVY TAXES IN COmrECTION THEREWITH: TO
AUTHORIZE THE CONSOLIDATION OF THE HARRISON COUNTY WASTEWATER AND
SOLID WASTE MANAGEMENT DISTRICT AND THE HARRISON COUNTY STORMWATER
MANAGEMENT DISTRICT BY JOINT RESOLUTION OF SUCH DISTRICTS; TO
AUTHORIZE THE ISSUANCE OF BONDS AND NOTES; AND FOR RELATED
PURPOSES.
11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
12
SECT!ON" 1.
2
3
4
6
7
8
9
13
This act shall be known.
and may be cited as
"Harrison County Stormwater Management District Act.
SEc-nON 2.
14
(1)
the
It is hereby found and declared that
lS
management and proper disposal of stormwater is an important

public concern; that pollution from inadequate cr uneconomical
17
management and/or disposal of stormwater and other nonpoint source
18
pollution can adversely affect the economy and growth of the
19
state; and that the need for more adequate and economical
20
stormwater and nonpoint source pollution management is most acute
21
wit.hin certain counties.

(2)
public interest to foster and promote by all reasonable means the
24
abatement of stormwater and other nonpoint source
25
including pollution caused by 5eptic tanks and thus to facilitate
26
the abatement of such pollution in the most economically
po~lution,
27
advantageous manner,including through the realization of
28
economies of
s~ale;
that the abatement of such pollution can best
29
be accomplished through the establishment of a management district
30
to provide for Lhe planning and financing of adequate stormwater
31
and other nonpoint source pOllution planning, management and

B.
Na.
It is further found and declared that it is in the
23
II
16
22
2899
1IIIIwimunlllwlllllllllllinlIIIIlIIIIWlIIIIII
N3/5
03/SS01/R886.1
[JP-.GE 1
~j 13
MINUTE Baal<
MARCH 2004 TERM
32
prevention,
33
~Jantitative
34
other persons within Harrison County who desire by meanS of and
35
through such authority to obtain such facilities and services.
36
(on a qualitative and
for the benefit of all public agencies and
It is further found and declared that to aid in
remedying these conditions, and to promote the mOSt economical
38
development and operation of adequate stormwater and other
39
nonpoint source pollution planning, management and prevention!
40
the facilities therefor, a public body corporate and politic of
and
41
the state shall be created with authority to cause and assist in
42
compliance with
43
facilities to plan,
44
operate or maintain such facilities within Harrison County to
45
abate pollut.ion from stormwater and other nonpoint sources; and to
46
apply and contract for and to
th~
standards established by law regarding such

acquire, construct,
acc~pt
finance,
develop, own/
grantS-in-aid and other funds
47
from the federal government and the ,state government and their
48
agencies.
(4)
It is further found and declared that it is necessary in
50
order to accdrnplish the obj ectives and purposes of the Harrison
51
County Stormwater Management District and the pUblic agencies with
52
which it contracts/ for such
53
the implementation of the powers granted pur5uant to this act,
54
be authorized to engage in
55
contrary to prohibition of federal or state antitrust laws; and
56
accordingly,
dist~ict
conduc~
and such pUblic agencies, in

to
which may be anticompetitive or
it is the intent and policy of this act to displace
57
competition with respect to those powers authorized herein to be
58
exercised by such district and such public agencies.
59
basisl
37
49
(3)
and the facilities therefor
(5)
The Legislature further finds that the author1ty and
60
powers conferred under this act and the expenditure of public
6l
money pursuant thereto constitute a valid public purpose; that the
62
creation and establishment of the Harrison County Stormwater
63
Management District is necessary and essential to the
64
accomplishment of the aforesaid purposes; that this act operates

S. 8_ No. 2899
03!SSOl!RB86.1
PAGE 2
1I1/111111111F1111111Ill1MIIIIIIIlIIllWIIl
514
MINUTE Baal<
MARCH 2004 TERM
65
on a subject in whlch the state at large is interested; and that
66
each of these matters are declared as a matter of express
67
legislative determination,
SECTION 3.
68
Whenever used in this act,
the following words
69
and terms shall have the following respective meanings unless a
70
different meaning clearly appears from the context;

{aJ
71
I1Bonds" mean any bonds, interim certificates I notes
72
or other evidences of indebtedness of the district issued under
73
t.his act.
(b)
74
uCollect.ion and management facilities
collection facilities,
ll
means,
75
pipes,
trunklines, storm drains,
76
facilities, pretreatment and treatment facilities and other
such
retention
77
related facilities which as the district shall deem necessary or
78
advisable for the abatement of pollution from stormwater and other
79
llonpoint source pollution.
80
(cl
IlCounty" means Harrison Count.y.
81
(d)
"Ditch '1 means any branch or lateral drain,
82
drain,
83
construction work found necessary for the
levee, slUiceway, water course,
84
overflow lands.
(el
B5
86
floodgate,
87
(f)
and any other
reclama~ion
of wet
"District 'l means the Harrison County S'r.ormwater
"Facilities
mean any structure,
building,
ditch/
8B
pipe, channell
89
property used or useful in stormwater management system under this
90
act.
(9)
91
improvement,
nOther nanpoint source pollut.ion" means any runoff
which causes or contributes to cause pollution or degradation of
93
the receiving waters.
(hi
"Person" means a natural person
9S
cooperative or private corporation, association,
96
or business trust or other entity of any
S.
8. No.
2B99
land or other real or personal
92
94
t.ile
t1anagement District.
ll
111l1li UiIIIWIftUlII~ IIWUIIM UIIIIIUIIWII
public agency,
firm, partnership
na~ure whatsoeve~,
03!SSOl!R886.1
Pl'GE j
515
MINUTE Baal<
MARCH 2004 TERM
I
97
organized and existing under the laws of any state or of the
98
United States or any instrumentality thereof.
99
101
management system and any
L02
in connection with those purposes.
real or personal, used as or
All costs of site preparation and other
start-up costs;
All costs of construction;
l06
{ii}
107
(iii)
All costs of real and personal property
reqUired for the purposes of the project and facilities related
109
thereto,
110
therein, easements,
including land and any rights or undivided interest

fees, utility charges I
permits,
approvals
112
permits, approvals,
~13
and equipment, including motor vehicles which are used for prDject
114
functions;
licenses
franchises,
l11
115
116
and certificates and the securing of any
licenses and certificates and all machinery
All costs of engineering, geotechnical,
(iv)
architectural and legal services
117
All casts of plans and specifications and all
(v)
inc~dent
118
expenses necessary or
119
practicability of the proj ect;
to determining the feasibility or
120
{vi}
l21
(vii)
122
incidental to the project financing.

(k)
Administrative expenses; and

Any other expenses as may be necessary or
"Public agencyU means any incorporated city or
124
town, county. political subdivision, governmental district or
125
unit.
126
laws of the state,
127
area.
128
129
public corporation or governmental agency created under the
(1)
S. B. No. 2899
lying wholly or partially within the management
"Septic tank" means any private wastewater
treatment system,
03jSS01!RBB6.1
PAGE 4
p~opertYf
Ilproject cost ll meanS:
(il
104
123
detention and any other portion of a stormwater
(j)
103
~08
"ProJect" means the collection, conveyance,
retention,
lO 5
(i)
100
inCluding septic tanks, privy vaults, cesspools,
516
MINUTE 8001<
MARCH 2004 TERM
130
surface and subsurface soil absorption systems,
131
systems, and any other kind of private wastewater treatment system
land dispersal
l32
che contents of which, if introduced into the waters of the State
133
of Mississippi or of the United States,
134
dsgradaticn of such waters.
would cause pollution or
135
(m)
IIState" means the State of Mississippi.
136
In)
"Stormwater ll means stormwater runoff
137
snowmelt
runoff and surface drainage as defined at 40 CFR 122.26(b) 113)
138
"Stormwater management system tl means a system which
10)
139
is designed and constructed,
140
stormwater discharges to prevent or reduce flooding, over drainage
141
or water pollution or to otherwise affect the quantity of
142
discharges from the system.
143
includes all pipes,
144
detention or retention basins, ponds or other stocmwater
145
conveyance Or
(1)
implemented
O~
operated to control
The stormwater management system
channels, ditches,
treat~ent
SECTION~.
146
stream.s, wetlands/
There is hereby created and established a
public body corporate and politic constituting a political
lq8
subd~vision
of the State of Mississippi to be known as the
149
IlHarrison County Stormwater Management District.
150
shall be deemed to be acting in all respects for the benefit of
151
the people of the state in the performance of essential public
II
The distJ::"ict
152
functions and the district shall be empowered in accordance with
153
the provisions of this act to promote the health, welfare and
154
prosperity of the general public.
156
(21
Local and
157
Private Laws of 1982, and by Chapter 862,
158
of 1986, are hereby authorized to be consolidated into a single
159
agency, to be known as the Harrison County Wastewater, Stormwater
Local and Private Laws
160
and Solid Waste Management District, which shall be a continuance
lH
of the corporate existence of those districts.
B. No.
The district and the Harrison County Wastewater and
Solid Waste Management District created by Chapter 885,
s.
facilities.
147
155
2899
IIIIIWI ~~ IllIm~Hllillmlllllllm !lllflIlmllU
Ol(S801(R886.1
PAGE 5
S17
MINUTE Baal<
MARCH 2004 TERM
I
162
(3)
163
refer to the districts which are authorized to be consolidated
164
pursuant to subsection (2) of this section before their
165
consolidation, and the word "district"
166
district resulting from that consolidation.
l67
Such consolidation may be effected by the unanimous

resolution of the original district and the filing of a copy of
169
such resolution with the Secretary of State,
170
secretaries of each of the original districts.
172
(4)
174
(a)
original
All property, rights and powers of each of the
dis~ricts
are hereby vested in and shall be exercised by
the district, subject, however,
176
agreements and trusts made or created by the original districts,
177
respectively.
179
(bl
All debts,
to all pledges, covenants,
liabilities,
obligations, agreements
~nd
covenants of the original districts are hereby imposed upon the
180
district.
1B1
mortgage or security interest has been granted to any bondholders
182
or other creditors of either of the original districts shall
Any property of the original districts in which a
183
continue to be subject to that mortgage or security interest until
184
the mortgage or security interest is defeased or terminated in
185
accordance with its terms.
186
the original
187
contracts with the original districts of any kind or characcer may
188
enforce those debts, claims or contracts against the district in
189
the same manner as they might
dist~icts
All bondholders and other creditors of
and persons having claims against or
hav~
against the original districts,
190
respectively, and the rights and remedies of those bondholders,
191
credit.ors and persons having claims or contracts shall not be
192
limited or restricted in any manner by this act.
(c)
193
194
In continuing the functions and carrying out the
contracts, obligations and duties of the original districts,

S _ B. No.
2899
03/SS01/R886.1
PAGE 6
the following provisions shall apply:
175
178
certified by the
In the event the original districts are consolidated in
to the district,
173
refers to the single
168
171
As used in this section, the words "original districts ll
IIll1i111mllll&lIllilllllnlllllUllnllllllOIiII
the
518
MINUTE BOOI{
MARCH 2004 TERM
195
district is hereby authorized to act in its own name or in the
196
name of either of the original districts as may be convenient or
197
advisable.
198
any other law or
199
to the district.
200
Any referertces to either of the original districts in
(dl
regula~ion
shall be deemed to refer to and apply
All regulations of the original districts shall
201
continue to be in effect as the regulations of the district until
202
amended, supplemented
203
wit.h law.
(e)
204
O~
~escinded
by the district in accordance
All employees of Lhe original districts shall
205
become employees of the district.
206
affect the civil service status, if any, of those employees or
207
their rights, privileges!
208
any pension or retirement system.

(f)
209
Nothing in this act shall
obligations or status with respect to
The district shall be governed by the consolidated
210
boards of directors of the original districts! which shall
211
continue as a single board governed by the provisions of this act.
212
(5)
body corporate and politic constituting a political subdivision of
214
the State of Mississippi.
215
acting in all respects for the benefit of the people of the state
216
in the
217
shall be empowered in accordance with the provisions of this act
performanc~
The district shall be deemed to be
of essential public functions and the district
218
to promote the health l welfare and prosperity of the general
219
public.
SECTION 5.
(1)
in a board of directors.
222
capacity of each incorporated city
22]
area,
224
Supervisors of Harrison CountYJ by majority vote thereof,
225
appoint a citizen of the cuunty to serve,
The mayor, acting in his executive
shall se:r:ve as a director.
locat~d
within the management
In addition, the Board of

shall
at the will and pleasure
226
of the board of supervisors, as a director of such board of
227
directors, and he shall enjoy equal powers with each and every
B,
No.
2999
All powe.s of the district shall be vested
221
S,
The dist.ict as he.eby established shall be a public
213
220
IllJIWI!IlllIllUlllllllllilIDlIlllDlllllllllIl1I
03(SSOl!R8B6.1
PAGE 7
519
MINUTE BOOI{
MARCH 2004 TERM
228
member thereof.
229
him at meetings of the board, and each designee may lawfully vote
230
and
oth~rwise
act on behalf of the director who designates the
Any designation shall be in writing
231
designee.
232
public agency tor whom he constitutes ths designee,
delivered to the
and to the
233
district and shall cOI1t.inue in effect until revoked or amended by
2]4
writing and deliveLed to the public agency and the district.
235
actions affecting rates, bonds or capital improvements shdll be by
All
236
unanimous vote of all member5 of the board.
237
members of the board shall constitute a quorum for lawful action
238
by the board.
239
(2)
A majority of the
The board of directors may elect or appoint and
240
prescribe the duties of such officers as the board of directors
241
deem necessary or advisable,
242
secretary.
including an executive director and a
The executive director, who, at the discretion of the
243
board of directors I may also sel:ve as secretary, shall be a person
244
of good moral character and shall be a professional engineer
245
registered in the State of Mississippi with a minimum of ten (10)
246
years recent practical experience in the management and
247
administration of public works operations which may include, but
248
is not limited to, supervision, publiC financing,
regulatory codes
249
and related functions as minimum qualifications to administer the
250
programs and duties of the district.
The executive director shall
251
administer, manage and direct the affairs and business of the
252
district, subj ect to the policies, control and direction of the
253
board of directors.
254
executed by a surety company or companies authorized to so
255
business in t.his state
The executive director shall give bond
l.:n
the sum of not less than Twenty-five
256
Thousand Dollars {$25,oOO.OO) payable to the district, conditIoned
257
upon faithful performance of his duties and the proper accounting
258
for all funds which may came into his hands as executive director.
259
The secretary of the district shall keep a record of the
260
proceedings of
8. No. 2899
OJ/SS01/R886c 1
s.
~AG
Each director may designate a person to represent
~he
district and shall be custodian of all books,
IIIIml151JllilUJIYIWIBIBillmlIJWlUili
MINUTE BOOI{
MARCH 2004 TERM
261
documents and papers filed with the district, the minute book or
262
journal of the district and its official seal.
263
shall have authoricy to cause copies to be made of all minutes and
264
other records and documents of the uistrict and to certify under
265
the seal of the district that such copies are true and accurate
266
copies, and all persons dealing with the district may rely upon
267
such
ccrtif~cates.
SECTION 6.
268
The secretary
The
di5t~ict
shall have all of the rights and
269
powers necessary or convenient to carry aut and effectuate the
27C
purposes and provisions of this act,
271
limiting t.he generality of the foregoing,
.2 72
273
274
but without
the right and power:
(a)
'1'0
(b)
To adopt an official seal and alter it at the
Sle
and be .':HJe:d in its own name i
pleasure of the boardj
27::;
276
including
To maintain an office or offices at such place or
{cl
(dl
To plan, develop, acquire, construct, reconstruct,
278
operate, own, manage,
279
participate
280
stormwater ancl uther nonpoint. source pollution
281
management facilities, whether or not such facilities or are to be
282
owned by the district; to

op~rn~e
i~,
lease
(as lessor or lessee), dispose of,
maintain, repair, extend or improve 8ne or
acqui~e,
construct,
~o11~ct.ion
mO~e
and
improve or modify,
293
to
284
of all or of any part in common with others, a stormwater
285
management system within the
286
district.
The district may pay all or part of the costs of any
267
~tormwacer
management system trom qny contribution by person,
288
firms, public agencies or corporations.
289
accept and use all funds, public or private and pay all cost of
290
development,
91
places within the management area as it may determine;
277
,2
or cause to be operated and maintained, either as owner
count~es
B. No. 2899
muni~ipalities
Il:Ifflllillllllllllllllllllilimmimllfflffllffl
in the
The district may receive,
implementation and maintenance as may be
as necessary for any proj ect i
s.
or
det~.I.lt\ined
03/SS01/RB86.1
Pl\GE 9
521
MINUTE BOOI{
MARCH 2004 TERM
I
(e)
292
stormwater on its own behalf and as administrative agent for other
294
persons.
(f)
295
296
lessee),
own,
hold,
US~f
lease
(as lessor or
mortgage, pledge or grant a
security interest in any real or personal property, contract,
commodity or service or interest therein;

Ig)
299
To make and enforce,
and from time to time,
amend
300
and repeal, bylaws and rules and regulationQ for the management of
301
its business and affairs and for the use, maintenance and
302
operation of any of its collection and management facilities and
303
any other of its properties.

{h)
)04
To fix,
charge,
collect, maintain and revise rates,
305
fees and other charges for any services rendered by it to any
306
person;
(i)
To apply and contract for and to accept any grants
308
or gifts or loans or appropriat.ions of funds or property or
309
financial or other aid in any form from the United States or any
310
instrumentality thereof, or from the state or any instrumentality
311
thereof,
312
and make agreements with respect to the terms and conditions
313
thereof,
or from any source, public or private, and to comply with
5ubjec~
(j)
to any agreements with bondholders;
To borrow money and to issue bonds Ear any of its
315
corporate purposes, to provide for and seCure the payment thereof,
316
and tD provide for the rights of the holders thereof;
317
(k)
To invest any money of the district r
~ncluding
318
proceeds from the sale of any bonds, notwithstanding any law to
319
the contrary, but SUbject to any agreements with bondholders I on
320
such term5 and in such manner as the district. deems proper;
321
(11
To procure insurance against any loss in connection
322
with its property, other asSet.S and business in such amounts and
323
from such insurers as it may deem necessary or
S" B. No. 2699

03!SSOl!R886.1
PAGE 10
acqui~e,
298
314
To
sell or otherwise dispose of,
297
307
To hold permits related tD the management of
293
IIIUWlllllillwnllll~lmWIII~.IIRU~IlIIU
desi~able;
MINUTE BOOI<
MARCH 2004 TERM
324
325
(m)
To employ architects, engineers, attorneys,
financial advisors and such other consultants as it deems proper
326
and to fix and pa,y their compensation and to appoint and r.etain
327
such officers, agents and employees as it deems proper and to fix
328
and pay their compensation;
(n)
329
To enter on any lands, waters or premises for the
330
purpose of making surveys, borings, sounding and examinations for
3Jl
the purposes of the district;
(0)
332
To do and perform any acts and things authoriz.ed by
333
this act under,
334
employees or by contracts with any personi
(p)
335
through or by means of its officers/ agents and
To enter into any and all contracts of such nature
336
and duration , execute any and all instruments I
337
any and all acts or things necessary, convenient or desirable far
338
the purposes of the district, or to carry out any power expressly
339
granted in this act including, without limiting the generality of
340
the foregoing, conLracts with public agencies and other persons
341
and such public agencies and other person
342
empowered to enter into such contracts with the districts which
343
may include provisions far exclusive dealing,
344
requirements, territorial division and other conduct or
345
arrangements which may have an anticompetitive effect;

(q)
346
To adept. an issue
(l
~re
and do and perform
fee paymenL
certifica.te of necessity to use
the power of eminent domain, including the right of immediate
348
posse9sion,
349
adoption of such certificate of necessity, which shall state the
in the acquisition of real property.
350
description of the real property needed to be acquired by eminent
351
domain, the authority shall transmit a copy'of such certificate to
352
the Board of Supervisors of Harrison County, the governing
353
authorities of any public entity with the power of eminenc domain
Upon the
354
or to any other entl.ty with the power of eminent dOffi3in.
355
board or entities may initiate proceedings
356
Title 11,
und~r
Chapter 27 1 Mississippi Code of 1972.
B. No. 2899
OJ/SS01/RB86.1
hereby also
347
s.
Such
the provisions of
The eminent
1IIIIIIWIllllllllllnmmlllnlllnllllillillllll
PAGE 11
MINUTE 8001<
MARCH 2004 TERM
I
357
domain proceedings thereby initiated shall be conducted according
358
to an governed by the provisions of Title 11, Chapter 27,
]59
Mississippi Code of 1972.
SECTroN 7.
360
(1)
The district shall have the power to adopt
361
and promulgate all reasonable rules and regulations regarding the
362
specifications and standards relating to the construction,
363
operation and maintenance of all stormwater and management
364
facilities located within any public agency which contracts with
365
district pursuant to this act so as to cause compliance with the
366
standards established by any federal or state agency, and so as to
361
effect the abatement of pollution
o~cdsioned
by stormwater and
368
other nonpoint source pollution/ including pollution from septic
369
tanks.
370
promulgate all reasonable rules and regulations regarding the
371
specifications and standards relating to Lhe construction,
372
operation and maintenance of all stormwater management facilities
The district shall also have the power to adopt and
373
either owned or operat.ed by the district so as to cause compliance
374
with the above-described standards and to effect the abatement of
375
pollution.
376
377
(2)
All such rules and regulations prescribed by the
district, after publication one (1)
time in a newspaper of general
378
circulation in Harrison County, shall have the full force and
379
effect of law, and violation thereof shall be punishable by a fine
380
of Dot less than Fifty Dollars ($50.00) and not more that Five
381
Hundred Dollars
382
rules and regulations,
($500.00) per offense as may be prescribed in such
383
(3)
384
adopt~d
385
established by any federal or state agency,
In the event of a violation of any rule or regulation

by the district to cause compliance with the standa~ds
or to effect the
386
abatement of pOllution, the district in addieion to enforcement
387
authority continued herein, shall have authority to sUe for and
388
obtain damages or other appropriate relief,
389
relief.
S.
No.
2899
03/SS01/R886.l
t-:'AGE 12
523
IDlIMIWlllIUlIUlilWWllUllUUIIIUlmuuu
including injunctive
MINUTE BOOI(
BOARD OF SUPERVISORS, HARRISONCOllNTY, MISSISSIPPI
MARCH 2004 TERM
390
391
(4)
All such rules and regulations prescribed,
and the
penalties fixed thereunder. by the authority of this act shall not
292
conflict with or suspend any rules, regulations or penalties
393
prescribed by general law.
394
collected under this act shall be
395
accordance with the general law relating thereto.

SECTION 8.
396
111
All fines and penalties levied and

remit~ed
and accounted for in
Any public agency may, pursuant to a duly
397
adapted resolution of the governing body of such pUblic agency,
398
enter into contract.s with the district

(a)
399
Acquire I
finance,
lease
Eor the district. to:
(as lessor or lessee)
400
improve, extend, operate or maintain the collection and/or
401
management facilities of the public agency; or
402
(bl
J.lo.cquire r finance,
lease (as lessor or lessee)"
main~ain 5to~mwater
403
lmprove, extend, operate or
~o~
management facilities to be owned by the authority or any other
405
person for the purpose of furnishing services to the pUblic
collection and/or
406
agency; including in each instance such contracts whereby the
407
ptwlic agency is obligated to make payments in amounts which
4CS
be sufficient to enable the district to meet ics expenses,
409
interest and principal payments (whether at maturity or upon
410
sinking fund
411
payment into the requirements of any rate Govenant with respect to
r~demption)
for its bonds,
reserves for debt service,
debt service coverage contained in any resolution, trust indenture
413
or other security agreement relating to its bonds.

(2)
If ten percent
~ffected
whichever is less, af the qualified electors of any
416
public agency shall file a written protest against entering into
417
such contract with the district on ar before the date and time
418
specified in such resolution, then an election on the question of
419
entering into such contract shall be called and held as set forth
420
in Section 12 of this act
421
is an affected public
422
county shall mean the qualified electors of such county who reside
B. No. 2E99
(10%) or fifteen hundred (15001,
415
s.
~hall
412
414
however,
ag~ncy,
in the event Harrison County
then the qualified electors of
su~h
IIIIIDllllllllllllliUflll"lllUl~illlllmllil
03/SS01!R886.1
PAGE 13
MINUTE BOOI<
MARCH 2004 TERM
423
within the unincorporated areas within such county's geographical
424
limits.
425
issued without an election.
other terms and conditions as the authority and the pUblic agency
may determine,
including provisions whereby the public agency is
428
obligated to make payments under such contracts irrespective of
429
whether or not use or services are rendered or whether or not the
430
collection or disposal facilities contemp1ated by such contracts
431
a~~
432
suspension, interruption,
completed,
ope~ating.
operable or
and notwithstanding
interfer~ncel
reduction or curtailment
433
of the use or services of such collection or disposal facilities.
434
Such contract may be for a term covering the life of the
43S
facilities or for any other Lerrn or for an indefinite period, and
436
may be made with or without consideration.

{3}
Contracts referred to in this section may provide that

di3t~ict
438
the obligation of a public agency to make payments to the
439
with respect to cartain stormwater collection and/or management
440
facilities is several, or is joint and several, with the
q41
obligations of other p'.1blic agencies or other persons contracting
442
with the authority for the use or services of such treatment
443
facilities; and, where the public agency's Obligation is joint and
444
several, then in the event any other public agency or other person
445
defaults in his obligation l
446
increase its payments to the authority by a proportional amount,
447
taking into consideration the remaining persons who are likewise
448
contracting with the authority and who are not in default.

(4)
the public agency may be required to
The Obligations of a pUblic agency drising under the
450
terms of any contract referred to in this section, whether or not.
451
payable solely from revenues or solely from a pledge of ad valorem
452
taxes as provided in Section 9 hereof or any combination thereof,
453
shall not be construed as being included within the indebtedness
454
li!llltation of the public agency for purposes of any constitutional
455
or statutory limitation or provision.

S. B. No. 2899
03/SS01/R886.1
PAGE 14
be
426
449
m~y
Such contracts may also contain such
427
437
If no such protest is filed, then such contracts
1IIIDllIiIWIIIIOllllwmllllOlllllJlllilllli
To the extent provided in
MINUTE BOOI<
MARCH 2004 TERM
456
such contract and to the extent such obligations of the public
457
agency are payable solely from'the revenues and other money

i~s
458
derived by the public agency from the operation of
459
ffidnagement facilities or any combination thereof which are the
460
subject of such contract/ such obligations may be treated as
4.61
expenses of operating such facilities.
462
stormwater management system shall be reasonably calculated to
463
reflect use of the facilities made by properties in the district.

(5)
464
Contracts
refe~red
stormwater
Charges for the use of the:
to in this section may also provide
465
for payments in the form of contributions to defray the cost of
466
any purpose set forth in the contracts and as advances for any
467
collection and/or management facilities which are subject to such
468
contracts,
469
advances from its general fund or surplus fund or from any money
470
legally available therefor.
47l
(6)
A public agency may make such contributions or
Contracts referre.d to in t.his section may,
provide effective and prompt cooperation and coordination of any
473
matters among persons contracting with the district as provided in
474
this act,
475
Such committee shall consist of one
476
the district who shall be the coordinating committee!s chairmart
477
and such other representatives from among the contracting parties
establish a coordinating committ.ee of, such persons.

(1)
representative selected by
478
as shall be provided for by the terms of the contract.
479
coordinating committee shall have such rights and power9 with
respect to the subject macter of the contract as shall be provided
481.
for therein.
Payments mdde or to be made to the district by a public
Lh~
483
agency or other per90n pursuant to a contract for
484
services of stormwater management facilities shall be determined
485
by the method specified in such contract and shall nat be sUbject
486
to approval or review by the Public Service Commission.
487
488
SECTION 9.
use or
Any public agencYj other than a county, having
taxing powers is hereby authot'ized to levy a special ad valorem

S.
B.
No.
Such
480
(7)
in, order t.o
472
482
2899
mlllill ~IIII nmllllmllllnllllllllllllmllllUl1
03!SSOl!R886.1
PAGE IS
527
MINUTE BOOI{
MARCH 2004 TERM
489
tax wlthout limitation as to rate or amount upon all taxable
490
property \,o/ithin its geographical limits to pay all or a pox-tion of
491
the payments to be made by that agency under contracts referred to
492
in Section 8 of this act and, if such contract of the public
493
agency so provides, then the contract shall constitute an
494
enforceable obligation against the taxing power of the public
495
agency to the extent provided therein.
496
authorized to levy a special ad valorem tax without limitations as
497
to rate or amount upon all taxable property lying within any
~98
unincorporated area within its geographical limits to pay all Qr a
499
portion of the payments to be made by that county under contracts
500
referred ,to in Section 8 of this act and,

county so provides I
502
enforceable obligation against the taxing power of the county t.o
503
the extent provided therein.
then the contract shall constitute an
The special ad valorem tax
504
authorized by this section shall not be reimbursable by the state
505
under the provisions otherwise made for
506
homestead exemption laws.
SO?
the authority of this act, the Harrison County Stormwater Waste
508
Management District as an entity speciflcally is excluded from
509
being an authorized taxing unit under the definition of a public
510
agency.
SECTION 10.
reimbu~5ement.s
under the
For the purpose of this act and under
Whenever a pUblic agency shall enter Lnto a
512
contract referred to in Section a of this act,
513
thereunder are to be made either wholly
OJ:'
and the payments
partly from the
514
revenues of the public agency's collection facilities or dispoBal
515
facilities or any
516
on the pUblic agency to fix,
cambin~tion
thereof, the duty is herBby imposed
establish and maintain, and from time
the rates charged by the pUblic agency Eor the
517
to time adjust l
S18
service of such facilities to the end that the revenues from such
519
facilities, together with any ad valorem taxes levied for such
520
payments, will be sufficient at all times to pay:
S.
B. No.
2899
OJ(Ssol/H8a6.1
PAGE 16
if such contract of the
Sal
511
Harrison county is hereby
IIWII~IIIIWUlllllllmIMHII.IIUlIIIIIIII
MINUTE BOOI{
MARCH 2004 TERM
(a)
521
5" 2
523
524
The expense of operating and maintaining such
facili ties;
All of the publlc agency's obligations to the
(bl
authority under such contract;
525
Ie)
All of the public agency's obligations under and in
526
connection with any outstanding bonds secured in whole or in part
527
by the revenues of such facilities.

(1)
The district shall have the power and is
528
SECTION
529
hereby autho:cized,
53 D
principal amoW1ts as in the opinion cf the dist.rict shall 'be
531
necessary to provide sufficienL funds for achieving any of its
532
corporate purposes, including
533
the foregoing,
534
improvement or extension of stormwater management facilities,
535
any combination thereof, whether or not such faGilities are owned
536
by the district, the payment of interest on bonds of the district,
537
establishment of reserves to secure such bonds, expenses incident
~1.
from time to time, to issue bonds in such
without limiting the generality of
the financing of the acquisition, construction,
or
538
to the issuance of such bonds and to the implementation of the
539
district's programs, and all other expenditures af the district
540
incident to or necessary or convenient to carry out its
541.
purposes and powers.
542
(2)
corpor~te
The district may issue such types of bonds as it may
543
determine, subject only to any agreement with the holders of
544
particular bonds,
interest are 'payable exclusively from all or a portion of the
546
revenues derived from one or more
S47
facilities,
con~ract3
stormwate~
management
548
other persons pursuant to Section B of this,act,
combination of any of the foregoing, or which may be secured by a
or any
550
pledge of any grant, subsidy or contribution from any
S5l
agency or other person, or
552
funds
3.
B.
No.
money of t.he
2899
entered into by pUblic agencies, and
549
0('
including bonds as to which the principal and
545
the
publ~c
pledge of any income or revenues,
authori~y
1IIIIIIIIIIIIIIIUIIIIIIIIIIIIIII~I/II.llllHlllun
from any other source whatsoever.
03/SS01/RSf.36.1
PAGE
~7
529
MINUTE BOOI{
MARCH 2004 TERM
I
553
(3)
554
district.
555
such time or times, bear interest at such
556
such denomination or denominations/ be in such form, either

coupon, or registered,
or registration
559
and by such officera,
560
of payment at such
561
provided that one 11) such place shall be wi thin the state, be
be payable from such sources in such medium
pl~ce
or places within or without the state
562
subject to such terms of redemption prior to maturity, all as may
563
be provided by resolution or resolutions of the district.
(4)
Any bondS of the district may be sold

at public or private sale,
a~
such price or
565
prices,
566
times as may be determined by the district to be in the public
in such manner and at such
567
interest, and the district may pay all expenses, premiums, fees
568
and commissions which it may deem necessary and advantageous in
569
connection with the 15suance and sale thereof.

(5)
It is the intention of the Legislature that any ple.dge
571
of earnings, revenues or other money made by the district shall be
572
valid and binding from the time the pledge is made;
573
earnings, revenues or other money so pledged and thereafter
514
received by the district shall immediately be subject to the lien
575
of such pledge,
576
having claims of any kind in tort, contract or Dtherwise against
that the
shall be valid and binding as against all parties
577
the district irrespective of whether such parties have notice
578
thereof.
579
a pledge is created need be cecorded.
(6)
Neither the resolution nor any other instrument by which
Neither the commissioners of the district nor any person
SBl
executing the bonds shall be personally liable on the bonds or be
582
subject to any personal liabillty or accountability by reason of
583
the issuance thereOf.
SS4
585
(7)
Whenever any bonds shall have been signed by the
officers designat.ed by resolution of the district to sign the
s.
B. No.
2899
03/SS01!R886.1
PAGE 18
conve~sions
or rates, be in
privileges, have such rank or prioritYI be executed in such manner
580
carry such
~ate
558
570
Such bonds shall bear such date or dates, mature at
557
564
Bands shall be authorized by a resolution of the
IlUIDIIllm"~IUI~II~mUIIIM.IIIIIlMllln
530
MINUTE BOOI{
MARCH 2004 TERM
586
bonds who were in office at the time of such signing but who may
587
have. ceased t.O be such officers prio:c to t.he sale and delivery of
588
such bonds, or who may not have been in office on the date such
589
bonds may bear, the manual or facsimile signatures of such
590
officers upon such bonds and the coupons appertaining thereto,
591
shall nevertheless be valid and sufficient for all purposes and
592
have the same effect as
593
bonds had remained in office unr.il the delivery of the same to the
594
purchaser or had been in office on the date such bonds may bear.
if the person so officially executing such
595
Before issuing bonds
596
refunding bonds as provided in Section 12 of this act or other
lother than interim certificates,
597
evidences of indebtedness of the district) hereunder,
598
direct6rs of the district shall adopt a resolution ,declaring its
599
intention to issue such bonds and stating the principal amount DE
notes,
the board of
u~on
600
the bonds proposed to be issued and the date and time
601
the board of directors proposes to direct t.he issuance of such
602
bonds.
603
least three
604
having a general circulation within the geographical limits of all
b05
of the public agencies (a)
606
district under the provisions of this act,
607
relate to the bonds proposed to be issued, and (c) which are
Such resolution shall be published once a week for at

(3)
consecutive weeks in at least one
(1) newspaper
which have been cont.racted with the

(b) whose contracts
authorizEd by a law other than this act to hold elections.
public agency which meets all of the criteria set forth in (al
and lei
Each
608
toregoing is hereinafter in this section referred to
610
Ib)
611
as an "affected public agency" and,
together with other such
612
agencies, collect.ively referred to as the "affected publ ic
613
agencies.
(81
which
609
614
II
If ten percent (10%) or fifteen hundred (1500),
615
whichever is less, of the qualified electors af each affected
616
public agency shall file a written protest against the issuance of
617
such bonds with the board of directO:L5 of the dist.rict on or
618
before the date and time specified in such resolution,

S. B. No. 2899
03!SSOl!R886.1
PAGE 19
then'an
1I111!111~lllmllllllllrnllllllll'I!lllblllllll
MINUTE Baal{
__________~M~A.RCH2004TERM
619
election on the question of the issuance of such bonds shall be
620
called and held as hereinafter set forth in this section; however,
621
in the event Harrison County is an affected public agency,
622
the qualified electors of the county shall mean the qualified
623
electors of such county who reside within the unincorporated areas
624
within the county'
geographical limits.
If no such protest be
filed,
626
question of issue:tDce thereof at any time within a period of two
then such bonds may be issued without an election on the
627
(2)
628
resolution.
629
require the adoption or publication of a resolution of the kind
630
described in this subsection/
631
election, with respect to the issuance of interim certificates,
632
notes, refunding bonds as
633
other evidences of indebtedness of the district.
years after the date specified in the above-mentioned
(9)
Nothing contained herein shall be construed to
or to grant any right of protest or
prQvid~d
Where an election
~s
in Section 12 of this act or
to be called as provided in this
635
act, the board of directors of the district shall give notice of
636
such election to the governing authority of each of the affected
637
public agencies.
638
agency shall publish a notice of such election once a week for at
639
least three (3)
The governing authority of each affected pUblic
consecutive weeks in a newspaper having a general

Harr~50n
640
circulation within
641
notice shall be made not less than twenty-one (21)
642
the date fixed for such election and the last publication shall be
643
made not mOre than seven (7) days prior to such a date.
644
625
634
then
(10)
County.
The first publication of such
days prior to
An election provided for in this act shall be held in
645
each of the affected public agencies, as far as practicable, in
646
the same manner as other elections are held in such affected
647
public agencies; provided, however, that in the event one or more

publ~c
646
affected
649
then such affected public
650
limits may provide for consolidated election in suc::h manner as
651
agencies have overlapping geographical limits

agenci~s
their respective governing authorities may determine.

B. No. 2899
03/SS0l.!RB86.1
Pl\GE 20
s.
1II!11I1IIlWlllliIIiHIUlUiUIIIIIIIUIIIIIII
with overlapping geographical
At such
MINUTE BOOI(
_ _ _ _ _ _M-=-=-=A:.:....:R-=-CH~.2004 TERM
652
election, all qualified electors of each affected public agency
653
may vote; however,
in the event Harrison County is an affected
654
public agency,
655
mean the qualified electors of such county who reside within the
then the qllalified electors of sllch county shall
656
unincorporated areas within Harrison County's geographical limits.
657
The ballots used at such election shall have printed thereon a
658
brief statement of the principal amount and purpose of the
659
proposed bond issu~ and the words
600
n~GA.INS1'
"FOR THE BOND ISSUE II a.nd
THE BOND ISSUE,II and the voters shall vote by placing a
(xl or check mark (~)
661
crDSS
662
propositioni however, if the election is being held pursuant to
663
Section 8(2)
of this act,
Dpposite his choice on the
the ballot shall contain a brief
664
statement of the nature of t.he contract. and the words "FOR THE
665
CONTRACT" and "AGAINST THE CONTRACT," and the voters shall vote by
666
placing a cross (x)
667
propos ltlon.
668
(11)
or check mark
(~)
opposite his choice on the
When the results of the election on the question of the
669
issuance of such bonds as provided in this section shall have been
670
canvassed by the respective election directDrs of the affected
671
pUblic agencies and certified by them to the board of directors of
612
the district,
613
the district to determine and adjudicate whether or not a majority
674
DE the qualified electors who voted thereon in each of the
675
affected public agencies voted in favor of the issuance of such
it shall be the duty of the board of directors of
676
bonds I
677
thereon in each of the affected public agencies voted in favor of
678
the
and unless a majority of the qualified electors who voted
issuanc~
of such bonds!
then such bands shall not be issued.
679
Should a majority of the qualified electors who vote thereon in
680
each of the affected public agencies vote in favor of the issuance
681
of such bonds,
then the board of directors of the district may
682
issue such bonds, either in whole or in part( and if in part from
683
time to timet
within two (2, years from the date of such election
684
or within two
(2) years after the final favorable termination of
S. B. No. 2899
03/SS01/RB85.1
lillUnmttlllllllllllllmlllUlIlIIlnWllllIllllIlU
PAGE 21
MINUTE 8001<
MARCH 2004 TERM
I
685
any liLigation affecting the issuance of such bonds
686
determined by the board of directors.

SECTION 12.
687
The district may issue refunding bonds for the
purpose
689
acceleration or redemption.
690
tlme prior to the maturity or redemption of the refunded bonds as
paying any of its bonds at or prior to maturity or upon

Refunding bonds may be issued at such
691
the district deems to be in the pUblic interest.
692
bonds may. be issued in sufficient amounts to payor provide for
693
the payment of the principal of the bonds being refunded,
The refunding
together
694
with any redemption premium thereon!
695
accrue to the date of payment of such bonds, the expenses of
any interest accrued or to
696
issuing the refunding bonds,
697
being refunded, and such reserves for debt services or other
698
capital or current expenses from the proceeds of such refunding
699
bonds
700
other security instruments.
701
maturities and other details thereof, the security therefor, the
<3.5
the expenses of redeeming the bonds
may be required by the reSOlution,
trust indenture or
The issue of refunding bonds,
the
702
rights of the holders and the rights, duties and obligations of
703
the district in respect of such bonds shall be governed by the
704
provisions of this act relating to the issuance of bonds other
70S
than refunding bonds insofar as the same may be applicable.
706
SECTION
~3.
All bonds issued pursuant to this act may be
707
validated as nOw provided by law in Sections 31-13-1 through
70S
31-13-11, Mississippi Code of 1972.
709
shall be instituted in the Chancery court of Harrison County.
SECTION 14.
Such validation proceedings
Bonds issued under the provisions of this act
711
shall not be deemed to constitute, within the meaning of any
712
constitutional or statutory limitation, a debt,
713
obligation of the state, nor shall such bonds constitute a pledge
714
of the full faith and credit of the state,
liability or
but shall be payable
715
solely from the revenues or assets of the district pledged
716
therefor.
717
Each bond issued under thi9 act shall contain on the
face thereof a statement to the effect that the district shall

S. B. No.
2899
03/SS01/R886.1
PAGE 22
as shall be
688
710
o,r
1~llllIllIllinlllmmUllllllallllmlmlll
534
MINUTE BOOI<
MARCH 2004 TERM
718
not be obligated. to pay the same nor the interest
~hereon
except
7~9
from the revenues or assets pledged therefor and that
720
full faith and credit nor the taxing power of the state is pledged
721
to the payment of the principal of or the interest on such bonds.
SECTION 15.
722
723
(a)
property,
726
727
the
The district shall have the power in connection
with the issuance of its bonds to:
724
72S
n~ither
Covenant as to the use of any or all of its
real or personali
(b)
Redeem the bonds! to covenant for their redemption
and to provide the terms and conditions thereofj
Ie)
728
Covenant to charge rates, fees and charges
729
sufficient to meet operating and maintenance expenses, renewals
730
and replacements! principal and debt 'service on bonds, creation
731
and maintenance of any reserves required by a bond resolution,
7]2
trust indenture or other security instrument and to provide for
733
any margins or coverages over and above debt service on the bonds
734
deemed desirable for the marketability of the bonds;

(d)
735
Covenant and prescribe as to events of default and
736
terms and conditions upon which any or all of its bonds shall
737
become ,or may be declared due before maturity, as to the terms and
73B
conditions upon which such declaration and its consequences may be
7]9
waived and as to the consequence of default and the remedies of
740
bondholders;
741
(e)
grant of a security interest in any real or
743
all or any part of the revenues from any collection facilities or
744
any revenue-producing Contract or contracts made by the district
745
with any person to secure the payment of bonds! subject to such
746
agreements with the holders of bonds as may then exist;

(fJ
p~rsonal
property and
Covenant as to the cuscody, collection, securing,
748
investment and payment of any revenues
749
property with respect to which the district may have any rights or
750
interest;
S.
B. No.
2899
Covenant as to the mortgage or pledge of or the
742
747
assets, money, funds or
IllIm!IIIII00IIlI~IIIIIIIIUIUDlllqllmlllllll
03/SS01!R886.1
PAGE 23
MINUTE BOOI{
MARCH 2004 TERM
I
(g)
751
from the sale of any bonds then or thereafter to be
753
applied, and the pledge of such proceeds to secure the payment of
754
the bonds;
(h)
755
757
issued and secured,
(i)
758
and the refunding of outstanding bonds;
Covenant as to the rank or priority of any bonds
with respect to any lien or security;

(j)
Covenant as to the procedure by which the terms of
761
any contract with or for the benefit of the holders of the bonds
762
may be amended or abrogated, the amount of bonds the holders of
763
which must consent thereto,
764
may be giveni
(k)
765
and the manner in which such consent
Covenant as to the custody of any of its properties
or investments, the safekeeping thereof, the insurance to be
767
carried thereon, and the use and dispo8ition of insurance
768
proceeds i
769
(1)
Covenant as to the vesting in a trustee or
770
trustees, within or outside the state, of such properties, rights,
771
powers and duties in trust as the district may determinei
772
(m)
Covenant as to the appointing and providing for the
773
duties and obligations ot a paying agent or paying agents or other
774
fiduciaries wlthin or cuts ide the state;
775
(n)
Make all other covenants and to do any and all such
776
acts and things as may be necessary or convenient or desirable in
777
order to secure its bonds,
778
the district tend to make the bonds more marketable,
or which in the absolute discretion of
779
notwithstanding that such covenants, acts or things may not be
780
enumerated herein l
781
district power to do all things in the issuance of bonds and in
it peing the intention hereof to give the
a~e
782
the provisions for security thereof which
783
with the Mississippi Constitution of 1890; and

S,
E,
No.
2899
03/SS01!RB86,1
PAGE 201
Covenant as to the limitations on the issuance of
any additional bonds, the terms upon which additional bonds may be
766
may be
756
760
issu~d
752
759
Covenant as to the purposes to which the proceeds
1llIlWJlilllll~llIIlllOlllllllllllmlllllllln
not inconsistent
53f~
MINUTE BOOK
MARCH 2004 TERM
784
(0)
Execute all instruments necessary Or convenient in
785
the
786
covenants or duties
787
provisions, as any purchaser of thE bonds of the district may
788
reasonably require.
exe~cise
789
of the powers herein granted or in the performance of
SECTION 16.
which may contain such covenants and
The district may,
in any authorizing resolution
790
of the board of directors,
trust indenture or other security
791
instrument relating to
bonds, provide for the appointment of a
~t5
792
trustee who shall have such powers as are provided therein to
793
represent the bondholders of any issue of bonds in the enforcement
794
Or protection of their rights under any such resolution,
795
indenture or security instrument,
796
in such resolution, trust indenture or
trust
The district may also provide

othe~
security instrument
797
that the trustee r or in the event that the trustee so appointed
798
shall fail or decline to 90 protect and e.nforce. such bondholdBrs'
799
rights,
bondholde~s
then such percentage of
BOO
in, and subject' to the provisions of, such resolution, trust

indenture or other security
802
court of proper
80]
the stormwater collection and/or management facilities,
instrum~nt,
may petition the chancery
for the appointment of a receiver of

the
804
revenues of which are pledged to the payment of the principal of
805
and interest on the bonds held by such bondholder.
806
may exercise any power as may be granted in any such resolution,
BD7
e~ust
808
possession of,
S09
maintain such facilities,
Such receiver
indenture or security instrument to enter upon and take

acquire,
construct or reconstruct, or operate and

fix,
charge,
collect, enforce and

perfo~m
810
receive all revenues derived from such facilities and
811
public duties to carry out the contracts and obligations of the
812
district in the same manner as the district itself might do. all
B13
under the direction of such chancery court.
814
as shall be set forth
801
jurisdi~tion
SECTION 17.
(1)
the
The exercise of the powers granted by this
815
act will be in all respecLs for the benefit of the people of the
816
stace, for their
well~being
s. B. No. 2899
03!SSOl!RBB6.1
lunUllnllllmmllUlllimmUlllIllmWllIlII1
and prosperity and for the improvement
PAGE 2S
MINUTE BOOI{
MARCH 2004 TERM
817
of their social and economic conditions, and the district shall
818
noc be required to pay any tax or assessment on any property owned
819
by the district under the provisions of this act or upon the
820
income therefrom; nor shall the district be required to pay any
821
recording fee or transfer tax of any kind on account of
822
instruments recorded by ic or on its behalf.
823
824
(2)
this act, their transfer and the income therefrom shall at all
times be free from taxation by the state or any
826
political subdivision or ather instrumentality of the state
627
excepting inheritance and gift taxes.
829
SECTION l8.
All bonds issued under the provisions of this
act shall be legal investments for trustees, other fiduciaries,

savings banks, trust companies and insurance companies organized
831
under the lawB of the State of Mississippii and such bonds shall
832
be legal securities which may be deposited with and shall be
833
received by all public officers and bodies of the state and all
834
municipalities and political subdivisions for the purpose of
835
securing the deposit of public funds.
836
SECTION 19.
Whether or not any bonds of the district and
837
interest coupons,
838
qualify, such bonds and coupons are hereby made irtvestment
8.39
securities within the meaning and for all purposes of Article 8 of
840
the Uniform Commercial Code as enacted in the state.

SECTION 20.
if any/appertaining thereto would otherwise so
The state hereby covenants with the holders of
842
any bonds of the district that so long as the bonds are
843
outstanding and unpaid( the state will not limit or alter the
844
rights and powers of the district under this act to conduct the
845
act.ivities referred to herein in any way per-tinent to the
846
interests of the bondholders, including without limitation, the
847
district's right to charge and collect rates,
fees and charges and
848
to fulfill the terms of any covenants made with bondholders, or in
849
any other way impair the rights and remedies of the
s.
E.
No.
2899
03/SS01/R886.l
PAGE. 26
unit or
830
841
loc~l
825
828
Any bonds issued by the district under the provisions af
1IIIIU~N11II1IIUllllmIIlIlInIWlIIIIIII"IIID
bondholde~,
MINUTE BOOK
MARCH 2004 TERM
8SG
unless provision for full payment. of such bonds, by escrow or
851
otherwise, has been made pursuant to the terms of the bonds or the
852
resolution,
853
bonds.
854
trust indenture or security instrument securing Lhe
SECT!ON 21.
If the discrict finds and records on its minutes
8SS
tha~
BS6
management facilities,
857
thereof, or any property or any interest therein or any portion
the acquisition or construction of any collect ian and/or

or any interest therein, or any portion
858
thereof, which is aut.horized by this act is available ,or can be
859
acquired or contracted for,
from or with only a single source,
860
person,
861
be made or entered into without meeting the requirements af
firm or corporation, then such acquisition or contract may

~ny
962
law relating to acquisition purchases or contracts by competitive
863
bids,
864
proposed purchases, acquisition ,or contract, only one (1)
If, after advertising for competitive bids as to other
865
received, the district may reject the bid and negotiate privately
any purchase,
867
exceeding that proposed in the bid.
869
cont~act
SECTION 22.
The
or acquisition for a consideration not
distr~ct
shall cause an audit of its books
and accounts to be made at least once in each year by an
870
independent certified public aCCountant and the cost thereof may
87l
be paid from any available money of the district.

SECTION 23.
872
This act shall be deemed to provide

com~lete
873
additional, alternative and
874
things authorized hereby and shall be deemed and
875
supplemental and additional to any powers conferred by other law
876
on public agencies (including the provisions of Sections 51-39-1
877
through 51-39-43, Mississippi Code of 1972) and not in derogation
878
of any such powers now existing; provided,
879
provisions of this act 2re inconsistent with the provisions of any
880
othe:r- law, general,
881
Sections 51-39-1
s.
B. No.
2899
bid is
866
868
special or local,
th~ough
method for the doing of the

const~ued
to be
that insofar as the
(including the provisions of
51-39-43 , Mississippi Code of 1972l now
IIIOOimlllllmllll~lIIImlll~IIIIWIIIIII~IIIIU
03/SS01/RBB6.1
PAGE 27
MINUTE BOOI{
53,9
MARCH 2004 TERM
I
882
in existence or hereafter (unless with specific reference to this
883
act) adopted,
884
885
the provisions of this act shall be controlling,
Except as expressly provided in this act, the actions

contemplated hereby, other than the issuance and sale of bonds by
886
the district but otherwise including without limitation the
887
entering into of the contracts referred to in Sections 8 and 11 of
SS8
this act by the district, the contracting pUblic agencles and any
~~tes,
889
other persons thereto, and the setting of
890
by the district, may be taken without the obtaining of any
fees and charges
891
auchorization approval or CDnsent of the state or any political
892
subdivision or any department,
893
bureau,
division, commission, board t
894
any other proceeding or the fulfilling of any other condition or
agency or instrumentality of either thereof and without
895
the happening of any other thing, except as expressly provided in
896
this act.
897
SECTION 24.
B98
and after its passage.
This act shall take effect and be in force from
S.
8. No.
2899
1IIIJII11111111111111111JmilJ111111UIUlIIIIID
03!SSOl!R886.1
ST:
PAGE2S
Stormwater Management District Act.
Harrison County: create the
~a~r~son
County
tJ~Q
MIN UTE S
MARCH 2004 TERM
supervisor CONNIE M. ROCKCO moved adoption of the following:

ORDER APPROVING THE EMPLOYMENT OF EVERETTE E. LADNER &
ASSOCIATES, INC FOR PROFESSIONAL SERVICE TO APPRAISE THE
FOLLOWING PROPERTIES THE COUNTY WOULD LIKE TO ACQUIRE
TO USE AS RECREATIONAL FACILITIES
Board does HEREBY APPROVE the employment of Everette E. Ladner & Associates, Inc for
professional service to appraise the fallowing properties the county would like to acquire to
use as recreational facilities:
al 184.63 acres 16th Section Land located at the Intersection of CC Ranch Road and
Highway 53, in Section 16, T6S, R12W (Parcels
# 0506-16-001.000; 0506-16-001.004;
050616003.000; 0506-16-004.0011
bl 5.1 acres located near the Saucier Park located In Section 12, T5S, R12W (Parcel #
6021-01-017.000l
foregoing Order, whereupon the Question was put toa vote with the following results:
AYE
AYE
AYE
AYE
AYE
541
MINUTES
MARCH 2004 TERM
lJ~~~ ~~~@
I
I
I
I
I
i
I
~G~VU ~~~JITU~
~L~U@UUU~lrD(ID~~~
542
MINUTES
MARCH 2004 TERM

ORDER ADVERTISING COUNTY RESOURCES, $1,000.00 FOR A
FULLPAGE AD IN THE PROGRAM CELEBRATING WJZD'S TEN
YEARS OF COMMUNITY SERVICE, PAYABLE FROM 002 100 522
ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, tllat tile
Board does HERE8Y ADVERTISE County resources, $1,000.00 for a fUll-page ad in tile program
celebrating WJZD's ten years of community service, payable from 002 100 522 ..
supervisor LARRY BENEFIELD seconded tile motion to adopt the above and
foregoing order, whereupon tile question was put to a vote with tile following results:
AYE
AYE
AYE
supervisor WILLIAM W MARTIN voted
AYE
AYE
The motion Ilaving received the affirmative vote from the majority of the
supervisors present, tile president declared the motion carried and tile order adopted.
THIS, tile 8th day of Marcil 2004.
RESOLUTION honoring Owen C. Hines upon his retirement after many years of service
to Harrison County, and for related purposes, was previously adopted January 12,2004, and
appears in Minute Bool< 390, pages 600-602.
MINUTES
MARCH 2004 TERM

ORDER ACKNOWLEDGINC RECEIPT OF THE LETTER FROM THE
MISSISSIPPI EMERCENCY MANACEMENT ACENCY UNDER DATE OF
MARCH 4, 2004 APPROVING HARRISON COUNTY UNMET NEEDS
PROJECT 5251003 AMENDMENT #3 INCREASING THE APPROVED
TOTAL ACQUISITION/DEMOLITION COSTS OF

Board does HEREBY ACKNOWLEDGE receipt of the letter from the Mississippi Emergency
Management Agency under date of March 4, 2004 approving Harrison county unmet Needs
Project 5251-003 amendment
#3 increasing the approved total acquisition/demolition costs
of:
a> 16456 Lamey Lane from $138,450.00 to $166,700.00 With Federal share of
$125,025.00 and approving payment of 5108,850.00 to Brian and Cynthia Landrum

bl 16476 Lamey Lane from $138,450.00 to $165,280.00 with Federal share of
$123,960.00 and approving payment of $107,850.00 to Ritchie and Anita Tompkins
The documentation received is as follows:
544
MINUTE BOOI{
MARCH 2004 TERM

\
HALEYBARBOUR,GOVERNOR
MISSISSIPPI EMERGENCY MANAGEMENT AGENCY

ROBERT R. LATHAM, JR.
DIRECTOR
March 4, 2004
The Honorable Bobby Eleuterius

President, Harrison County Board of Supervisors
P O. Box 413
Biloxi, MS 39530
RE:
Harrison County Unmet Needs Project 5251-0003
Dear Mr. Eleuterius:

Find enclosed a copy of the Federal Emergency Management Agency cover
letter and amendment 2-4 on the above referenced project. Amendment # 3
increased the approved total acquisition/demolition cost of 16456 Lamey Lane to
$166,700 with a Federal share of $125,025, and increased the total
acquisition/demolition cost of 16476 Lamey Lane to $165,280 with a Federal
share of $$123,960.
If you should have any questions concerning this matter, please feel free to
contact me.
Sincerely,
15lcl,D}-Robert K. Boteler, Director

Mitigation Bureau
Enclosure as stated
Cc:
Mrs. Pam J. Ulrich, Harrison County Administrator

Mr. Joe Meadows, Harrison County Board of Supervisors Attorney
Mrs, Linda Rouse, Harrison County Civil Defense Director
Mrs. Eddie Bigelow, Project Manager
POST
omu
ROX 4501 JACKSON, MISSISSIPPI' 392964501 PI-ION, 601-352-9100

EMlRGENCY 1-800-222-6362 (24 HOLJR)
TOO 1-800-445-6362
545
MINUTE BOOI{
MARCH 2004 TERM
s.
l)ep'lI-tment of UOlUeland SCC\lt'it}'

IV
~ ...e:gion
3003 Chamblee Tucker Road

Atlanta. GA 30341
February 17,2004
Mr. Robert R. Latham, Jr., Director

Mississippi Emergency Management Agency (MEMA)
Post Office Box. 450 I
Jackson, Mississippi 39296-4501
Attention:
Mr. Robert Boteler
Reference: Harrison County Acquisition/Elevation Project, Unmet Needs-525 1-0003,

Amendment #3 and Amendment #4
Dear Mr. Latham:
This is in response to your request to amend the budget and property site inventory for the
referenced project. The new project cost is presented below.
The project meets the eligibility and cost effectiveness of the Hazard Mitigation Grant Program.
Financial
Action
Previous Obligation
I.
New action
2.
New action
3.
Total Obligation
Total Project
Obligation
$1,737,755
$ 63,930
$ 38,678
$1,840,363
Federal
Share
$1,198,976
$ 47,948
$ 29,008
$1,275,932
Non-Federal
Share
$538,779
$ 15,982
$ 9,670
$564,431
We concur with your requested change in budget and property site inventory selections and
hereby grant approval. The Federal share will increase by $76,956. Our Federal Assistance
Officer via facsimile recently provided financial approval for this amendment to you. This letter
and the attached Amendment #3, Amendment #4, summary and Scope of Work dated February 4,
2004 shall constitute our programmatic approval for this amendment request. The performance
period for this project ends June 26, 2004; please ensure that all work is completed within this
timeframe,
Please keep in mind that this project is funded under Unmet Needs legislation and that this
funding has been extended until September 30, 2004. Refer to the guidance provided by our
Federal Assistance Officer pertaining to the grant extension.
Unmet Needs projects must adhere to the quarterly progress reporting regulations as set forth in
44 CFR 206.438 (c). Please include this Unmet Needs project in your future quarterly reporting.
I
www.rema.gov
~4h
MINUTE Baal<
MARCH 2004 TERM
We look forward to working with your staff in t11is process. lfwe can be of further assistance
please contact Eric Jordan at (770) 220-5408.
Sincerely,
~~
layton E. Saucier, Chief
azard Identification and

Risk Assessment Branch
Federal Insurance and Mitigation Division
MINUTE Baal<
547
MARCH 2004 TERM
I
Description and Scope of Work for the
Unmet Needs Resulting from Presidential Declared Disasters
State:
Mississippi
Subgrantee: Harrison County

Date:
February 4, 2004
Disaster #
1251/5251
Project #
5251-0003
Amendment #: 4
On January 22,2004 the State provided a fa)\ with a memorandum to the file from Ms.
Linda Rankin. The Memorandum dated May 7, 2002, indicated that the project is still
cost effective with an increase cost for elevating 3 properties. The following two
properties budgets were not adjusted at that time, 18190 Blackwell FaUll Road and 12180
Brandon James Road. This amendment reflects the increase cost for those elevations.
The budget increased from $1,801,685.00 to the new budget total of $1 ,840,363 .00.
Scope of Work
Address
18248 Blackwell Fanll Road Saucier, Ms 39574
18256 Blackwell Fann Road Saucier, Ms 39574
18266 Blackwell Farm Road Saucier, Ms 39574
16456 Lamey Lane Biloxi, Ms 39532
5284 Tuxachaine Drive Biloxi, Ms 39532
212 Michigan Ave. Pass Christian
18190 Blackwell Fam1 Rd. Saucier
12180 Brandon James Rd. Biloxi
14280 H St. Biloxi
4501 Lynn Dr. Biloxi
15559 Old Hwy 15 Biloxi
7236 Magnolia Dr Pass Christian
204 Poindexter Dr Pass Christian
221 Poindexter Dr. Pass Christian
Total Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
146,950.00
138,250.00
134,950.00
166,700.00
165,280.00
97,300.00
111,700.00
92,172.00
82,861.00
101,200.00
132,00000
64,000.00
108,000.00
241,000.00
58,000.00
Total
S [,840,363.00
Federal Share
S1,275,932.00
Non-Federal Share
5564,431.00
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
'The Federal and Non-Federal shares are a 69% and 31% distribution due to the previous increase
on 204 Poindexter Dr. The distribution for this property is $76.410-Federal share and $164,590-Non-Federal share.
The total award for this action (amendment 3 plus amendment 4) is 576,957 increase of the Federal
Share.
548
MINUTE BOOI{
MARCH 2004 TERM
Description and Scope of Work for the

Unmet Needs Resulting from Presidential Declared Disasters
State:
Mississippi
SUbgrantee: Harrison County

Date:
Disaster #
1251/5251
Project #
5251-0003
Amendment #: 3
January 22, 2004
On October 10, 2003 the State requ\:sted a budget increase to cover cost overmns for
16456 Lamey Lane, 16476 Lamey Lane and 5284 Tuxachaine Drive in Biloxi, MS. The
budget increased from $1,737,755.00 to the new budget total of $1,801,685.00.
Scope of Work
Address
Total Cost

18266 Blackwell Faml Road Saucier, Ms 39574
5284 Tuxachaine Drive Biloxi, Ms 39532
18190 Blackwell Farm Rd. Saucier
14280 H St Biloxi
4501 Lynn Dr. Biloxi
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
146,950.00
138,250.00
134,950.00
166,700.00
165,280.00
97,300.00
111,700.00
68,355.00
68,000.00
101,200.00
132,000.00
64,000.00
i08,OOO.00
241,000.00
58,000.00
Total
$1,801,685.00
Federal Share
$1,246,924.00
Non-Federal Share
$554,761.00
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
549
MINUTE 8001<
MARCH 2004 TERM
I
Description and Scope of Work for tbe
Dnrnet Needs.Resulting from Presidentially Declared Disasters
State:
Mississippi
Subgrantee: Harrison County
Date:
Disaster #
125115251
Project #
5251-0003
Amendment #: 2
October 7, 2003
On May 22,2003 the State requested that the property located at 204 Poindexter Dr. Pass
Christian be switched from a traditional elevation to a demolition/rebuild. 1ms change
will increase the budget from $1.598.635.00 to the new budget total of $1,737,755.00.
There is no change to the tederal share.
Scope of Work
Address
Total Cost

18266 Blackwell Farm Road Saucier. Ms 39574
5284 Tuxachaine Drive Biloxi. Ms 39532
18190 Blackwell Farm Rd. Saucier
14280 H St. Biloxi
450 1 Lyrm Dr. Biloxi
$
$
$
$
$
$
$
146,950.00
138,250.00
134,950.00
138,450.00
138,450.00
88,450.00
111.700.00
68,355.00
68,000.00
101.200.00
132.000.00
64,000.00
108,000.00
241,000.00
58,000.00
Total
$ 1,737,755.00
Federal Share
$ 1.198.976.00
:-;Oen-Federal Share
$
$
$
$
$
$
538.779.00
Acquisition
AcqUisition
Acquisition
Acquisition
Acquisition
Acquisition
Acquisition
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
550
MINUTES
MARCH 2004 TERM
supervisor WILLIAM M. MARTIN seconded the motion to adopt the above and
foregoing Order, whereupon the question was put to a vote with the following results:
AYE
AYE
supervisor MARLIN LADNER voted
AYE
AYE
Supervisor CONNIE M . ROCKCO voted
AYE
551
MINUTE Baal<
MARCH 2004 TERM
I
RESOLUTION ACKNOWLEDGING THE CRITICAL NEED TO IMPROVE
EMERGENCY EVACUATION ROUTES IN BILOXI; SUPPORTING THE CITY OF
BILOXI'S EFFORTS TO IMPROVE POPP'S FERRY ROAD; AND FOR RELATED
PURPOSES
WHEREAS, the Board of Supervisors of Harrison County recognizes the critical
need to improve emergency evacuation routes to the north of the City of Biloxi; and
WHEREAS, the Biloxi Hazard Mitigation/Floodplain Management Plan, The
Harrison County Hazard Mitigation and Flood Protection Plan, the City of Biloxi's
overall Comprehensive Plan, the Gulf Regional Planning Commission's 2025 Gulf Coast
Long Range Transportation Plan and other planning documents promulgated by
numerous federal, state, and local agencies point to the need to improve Popp's FelTY and
increase the capacity of evacuation routes for the protection of residents and visitors of
Biloxi and Harrison County as a whole; and
WHEREAS, Interstate 110 is Biloxi's only viable evacuation route; and
WHEREAS, although Popp's FelTY Road has been widened and improved at a
cost of $27.4 million to the City of Biloxi, its capacity and effectiveness as an evacuation
route are severely limited due to the restriction all traffic flow resulting from the old twolane drawbridge across the Bay of Biloxi and Popp's Ferry's failure to connect to U.S.
Highway 90; and
WHEREAS, the need to improve the roadway and drawbridge system on Popp's
FelTY Road is pressing and clear; and
MINUTE 8001<
MARCH 2004 TERM
WHEREAS, preliminary engineering analysis sets the cost of the bridge and other
improvements on Popp's Ferry Road at $55 to $60 million, which costs are clearly
beyond the financial capabilities of the City of Biloxi; and
WHEREAS, the City of Biloxi is aggressively and vigorously pursuing federal
funding and other funding to hear the cost of engineering design and construction for
improving Popp's FelTY Road and making it a viable and effective emergency evacuation
route; and
WHEREAS, the Board of Supervisors of Harrison County finds that the
improvement ofPopp's Ferry Road making the roadway a viable and effective
emergency evacuation route is in the best interest of the City of Biloxi, the City of
GulfpOli, Harrison County and hundreds of thousands of visitors to the Mississippi Gulf
Coast.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS

OF HARRISON COUNTY, THAT:
1. The Board of Supervisors of Harrison County wholeheartedly endorses and
suppOlis the City of Bi loxi in its efforts to obtain federal and other funding to
improve Popp's Ferry Road and the drawbridge crossing Biloxi Bay so as to
make the road a viable and effective emergency evacuation route.

2. The Board of Supervisors of HalTison County joins the City of Biloxi in
requesting the assistance of Senator Thad Cochran, Senator Trent Lott,
Congressman Gene Taylor and Govemor Haley Barbour in obtaining federal
funding to improve Popp's Ferry Road.
MINUTE BOOK
553
MARCH 2004 TERM
I
3. Bobby Eleuterius, President of the Board of Supervisors be and is hereby
authOlized and directed to provide this Resolution to the City of Biloxi in
support oftbe City's efforts to obtain funding for the roadway and bridge
il11provemenL~.
The above and foregoing Resolution, after having been first reduced Lo writing,
was introduced by Supervisor CONNIE ROCKCO ,seconded by Supervisor
MARLIN LADNER , and was adopted by the following vote, to wit:
Bobby Eleuterius
Larry Ilenefield
Marlin Ladner
William Martin
Connie Rockeo
The President thereby declared the mOlioll carried and the Resolution adopted on
this the 8th_day of March, 2004.
ADOPTED:
~, to!.d~
Bobby Eleu nus, Presldcnt
554
MINUTES
MARCH 2004 TERM

supervisor CONNIE M. ROCKCO moved, and supervisor MARLIN R. LADNER seconded,
adoption of the following:

ENTER CLOSED SESSION to discuss whether or not to enter into Executive session to
diSCUSS litigations stYled:
al Marion waltman v. Harrison county

b) united States of America vs. Harrison county, Cause 1:9ScvS (GRJ
There was a unanimous vote by the members present to enter closed session.
ALL ORDERED AND DONE, this stn day of March 2004.
Supervisor WILLIAM M. MARTIN moved, and supervisor LARRY BENEFIELD seconded,
adoption Of the following:

ENTER EXECUTIVE SESSION.
There was a unanimous vote by the members present to enter executive session.
supervisor WILLIAM M. MARTIN moved, and Supervisor CONNIE M. ROCKeO seconded,

adoption of the following:
RECONVENE FROM EXECUTIVE SESSION.
There was a unanimous vote by the members present to reconvene from executive
session.
The Board Attorney reported that the Board received an update on the above listed
matters, no action was taken.
555
MINUTE 8001<
MARCH 2004 TERM
I
supervisor MARLIN R. LADNER moved adoption of the following
Order:
AN ORDER OF THE HARRISON COUNTY BOARD OF
SUPERVISORS PURSUANT TO MISS. CODE ANN.
19-3-47, ET SEQ., INCREASING THE ANNUAL
SALARY OF BOARD ATTORNEY JOSEPH R. MEADOWS
FROM $24,000 PER ANNUM TO THE MAXIMUM ANNUAL
AMOUNT AUTHORIZED, BY LAW, WHICH IS EQUAL TO
THE AMOUNT PAID A MEMBER OF THE HARRISON
COUNTY BOARD OF SUPERVISORS, AND FOR RELATED
PURPOSES.
WHEREAS,
Joseph
R.
pursuant to Miss.
Meadows,
attorney
Code Ann.
for
the
19-3-47,
Harrison
County
et.
seq.,
Board
of
Supervisors, is paid an annual salary of $24,000; and
WHEREAS,
pursuant to the referenced Code Section, the Board
may employ counsel at an annual salary, not to exceed the maximum

annual amount authorized by law for the payment to a member of the
Board of Supervisors; and
WHEREAS,
the
responsibilities
Board finds
and
expenses
that given the

associated
with
increased .duties,
representing
the
Board, that the annual salary of the current Board attorney should
be raised to the maximum annual amount authorized by law, which is
the
amount
paid
to
member
of
the
Harrison
County
Board
of
Supervisors; and
WHEREAS,
this increase in salary shall take effect from and
after March 15, 2004; and

WHEREAS,
Code Ann.
the Board is further authorized, pursuant to Miss.
19-3-47, et. seq., in its discretion, to employ Joseph
55G
MINUTE BOOI{
MARCH 2004 TERM
R.
Meadows in all civil cases in which the County is interested,
including eminent domain proceedings, examination and certification

of title to property the County is acquiring, and in criminal cases
against a fellow County officer for malfeasance or dereliction of
duty
in
office,
and
to
pay
reasonable
compensation
for
said
services.
NOW THEREFORE, BE IT ORDERED,

SECTION I.
Pursuant to Miss. Code Ann. 19-3-47, et. seq.,
the Harrison County Board of Supervisors does hereby increase the

annual salary of its Board attorney,
Joseph R. Meadows,
from the
sum of $24,000 per annum, to the maximum annual amount authorized

by law,
which equals the amount paid to a member of the Goard of
Supervisors.
The Board may,
SECTION II.
time,
employ Joseph R.
County is interested,
Meadows
in its discretion,
from time to
in all civil cases
in which the
including eminent domain proceedings,
the
examination an certification of title to the property the County is

acquiring,
and
in
criminal
cases
against
County
officer
for
malfeasance or dereliction of duty in office, and pay a reasonable
amount for such services.
SECTION III.
This Order shall be in full
force and effect
from and after March 15, 2004.
-2-
~j57
MINUTE BOOI(
MARCH 2004 TERM
I
Supervisor LARRY BENEFIELD seconded the Motion to adopt the
above and foregoing Order, whereupon the President put the question
to a vote with the following results:
voted
AYE
voted
AYE
voted
AYE
voted
(OUT ON VOTE)
voted
AYE
The
maj ori ty
of
the
member5
present
having
voted
in
the
affirmative, the President then declared the Motion carried and the
Order adopted on this the 8th day of March 2004.
-3-
MINUTES
558
MARCH 2004 TERM

The following Items came on for discussion by the Board:
a) Supervisor Rockco inquired whether the Tourism Commission would be receptive to

getting a commission from the Coast Coliseum and convention Center for each convention
they book on the Gulf coast as an alternative source of income to fund additional activities
suggested by the commission such as an advisory committee and a satellite office in

washington, D.C. The commission will consider the suggestion.
bl Supervisor Benefield suggested that the County Administrator advise all parties
about hold up for repairs to the BiloXi courthouse.
C) Supervisor Ladner inquired whether the state Aid project list COUld be adjusted if
necessary. The Board has the authority to amend the the list if needed. The monies are
allocated on a monthly basis. The County can also spend advanced credit up to 90% of the
four year allocation, provided the state has the money on hand.
dJ Supervisors Ladner and Rockco inquired about placing time limit on trailer to be
installed on parcel 0510N01009.000 rather than leaving placement open ended.
e) The Board Attorney reported that permission from JackSOn to travel outside the
united states only applies for state employees. Mr. Bailey stated that he was attending a
users' meeting for new technical information.
f) The Board Attorney reported that the new medical service contracts will provide
more personnel.
g) supervisor Ladner requested clarification about overtime pay for dental services
that was provided by the Board Attorney.
hI Supervisor Rockco inquired about state of the budget. The county Administrator
will provide a budget amendment report at the next meeting.

1)
supervisor Benefield reminded that the Master Tournament will be held at the
Fairgrounds on March 14, 2004 and will be covered by FOX TV.

j) supervisor Eleuterlus advised the Board that anotller payment from the city of
D'Iberville in the amount of $64,000.00 will be mailed in two weekS, this should bring their
account up to date.
kl Supervisor Rockco inquired whether the stormwater Management District would be
composed of the five mayors and one Board representative. It would be the same set-up.
IJ The Board Attorney reported that Mr. Talbert who came at the MarCh 1, 2004
meeting to request help with a delinquent tax matter never met with him the next day as
agreed to.
MINUTES
MARCH 2004 TERM

ml Supervisor Rockco questioned whether the Board could waive the additional
charge of 25% set by Mr. woodfield on delinquent taxes for 2000 thru 2004. The taxpayer
said she did not get a notification from Mr. woodfield.
MINUTES
MARCH 2004 TERM

ORDERED that tile Board ADJOURN IN THE SECOND JUDICIAL DISTRICT until term in
course.
THIS, the
Btll
day of March 20011.
~;::-DC::-E:-:-N=-T----

HA Harrison County Contract 2004

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MINUTES

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

BE IT REMEMBERED, that a regular meeting of the Board of supervisors of Harrison

BOARD OF SUPERVISORS, HARRISON COUNTY I MISSISSIPPI

MARCH 2004 TERM

ORDER TAKING UNDER ADVISEMENT THE REQUEST FOR FUNDING

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, that the

Supervisor LARRY BENEFIELD voted

supervisor MARLIN R. LADNER voted

supervisor WILLIAM W. MARTIN voted

supervisor CONNIE M. ROCKCO voted

THIS, the 8th day of March 2004.

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

to deter terrorist attacks, and

WHEREAS, being prepared ranges from knowing what to do in a natural or manmade

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

contributions from the American people, and

supervisor LARRY BENEFIELD voted

supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE M. ROCKCO voted

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

RESOLUTION OF THE BOARD OF SUPERV1SORS OF HARRISON COUNTY,

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

AN ACT TO PROVIDE FOR A TAX ON GROSS SALES OF HOTELS

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

JIICKSON 861 H20v3

MARCH 2004 TERM

(SUPERVISOR WILLIAM MARTIN OUT ON VOTE)

WHEREAS, the Board of Supervisors, at a meeting heretofore held on February 2, 2004,

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

Before me, the undersign

who, being by me first duly sworn,

id depose and say that she is a

, a newspaper published in the city

,in Harrison County, Mississippi, and that publication of the

notice, a copy of which is hereto attached, has been made in said

The Sun Herald

5.!f:: day of ~20 J:tj

Affiant further states on oath that said newspaper has been

prior to the first publication of said

l:orn to and subscribed before;;;8 IhlS

Furnishing proof of publication

My Commission Expires April 30, 2005

BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI

MARCH 2004 TERM

Supervisor LARRY BENEFIELD voted

supervisor MARLIN R. LADNER voted

supervisor WILLIAM W. MARTIN voted

supervisor CONNIE M. ROCKCO voted

THIS, the 8th day of March 2004.

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MARCH 2004 TERM

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