05/15/2018

[0:00:00] evening by mr brian henderson with abundant life tabernacle we appreciate you being here with us after that please remain standing for our pledge of allegiance to be led by alderman shall we pray our great and almighty god creator of heaven and earth who rules over all creation it's in your magnificent all-powerful name that name of jesus that we pray thy kingdom come thy will be done in earth as it is in heaven in this era of chaos and point in time gratitude overflows our hearts because you've allowed us to live in this great city we thank you for your blessings resources and opportunity you've given us to bless you from whom riches and honor come god it's all in your hand help us to understand that so that we can be faithful to you in a time when authority is being flaunted and there's rebellion against higher powers help us to recall and make known that the powers that be are ordained of god and whosoever therefore resisted that power resisteth god we invoke your blessings upon and your presence to be with these honorable officials of southampton blessings today and every day that they assemble as they consider the affairs of this city grant oh lord special wisdom and understanding of your will and that we will do it we pray a special blessing on mayor muscle white and these aldermen as they endeavor to lead this great city hear this prayer god that it may be answered in our time but in your way to the king eternal immortal invisible be honor and glory and power and might in the name above every name that can be named in heaven and in earth the name of jesus christ we pray amen amen i pledge allegiance to the flag of the united states of america and to see the republic for which it stands one nation

[0:02:01] under god indivisible with liberty and justice for all okay first on the agenda this evening is approval of minutes for the may 1 2018 meeting mr mayor i move we have frequent minutes of the regular meeting of may 1st 2018 with any additions deletions or corrections a second we have a motion baller in pain second volume and brooks is there any discussion hearing none roll call yes kelly yes yes okay and that motion carries next on the agenda is our presentation of graduation cords to our mayor's youth council if everyone will come to the front christy will you help me at the front and uh we'll do the presentation right in front of the puppy congratulations thank you are y'all ready okay um will you help me with that uh jasha am i saying that correctly coming to step four jason hodges she's been a member of our mayor youth council since ninth grade and she's going to attend ole miss this fall good

[0:04:03] luck to you congratulations emily pearson emily's been a member of the youth council since 11th grade and we'll attend mississippi state in the fall good luck to you yeah micah taylor mike has been a member since ninth grade and will attend alabama a m university this fall blake watson blake has been a member since 11th grade and will attend the university of southern mississippi this month good luck to you and then uh south that's our desoto central high school southaven high school gavin faust and gavin's been a member since ninth grade and has joined the national guard and will attend the university of memphis this fall good luck thank you norah chismore has been a member since ninth grade and will attend middle tennessee state university in the fall good luck tristan parsons has been a member since 11th grade and will attend the university of southern mississippi in the fall good luck to you and torrey jones has been a member since 11th grade and will attend mississippi state university in the fall good luck to you and i'm gonna give you one you didn't ask me but i'll give you some advice anyway i'll joking aside you're at a time in your life that a lot of people in this room know what i'm talking about uh you got a lot ahead of you it really is truly just beginning there will be people in your life that are going to put labels on you that are going to tell you you know give that up you know you're wasting time with that you need to do this i want you to do this my advice to you is don't let anyone tell you what you do to your future that's up to you if you want it bad enough you can achieve anything you want to achieve and i wish you all the best [Applause] okay next on our agenda uh is our

[0:06:20] resolution that i'm going to read to you in just a minute and it's declaring this week may 13-19 as national police week we're asked to recognize national police week 2018 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty on protecting our communities and safeguarding our democracy now whereas there are more than 900 000 law enforcement officers serving in communities across the united states including the dedicated members of the south haven police department and whereas there have been 58 627 assaults against law enforcement officers in 2016 resulting in approximately 16 677 injuries now whereas since the first recorded death in 1791 more than 20 000 law enforcement officers in the united states have made the ultimate sacrifice and been killed in the line of duty including one member of the south haven police department in 1988 and whereas the names of these dedicated public servants are engraved on the walls of the national law enforcement officers memorial in washington d.c and whereas 360 new names of fallen heroes are being added to this memorial this spring including 129 officers killed in 17 and 231 officers killed in previous years and whereas the service and sacrifice of all officers killed in the line of duty will be honored during the national law enforcement officers memorial fund's 30th annual candlelight visual on the evening of may 13 2018 and whereas the candlelight vigil is part of national police week which takes place this year on may 13-19 because may 13 falls on a sunday some events will take place before the official dates of police

[0:08:22] week 2018. and whereas may 15 today is designated as peace officer memorial day in honor of all fallen officers and their families in the united states flag should be flown at half staff which they are in the city of south haven today now therefore i darren muscle white by the authority vested in me as mayor of the city of south haven mississippi gearbox proclaimed the week of may 13 through 19 2018 as national police week in our city and publicly salute the service of law enforcement officers in our community and in communities across the nation join me in applause for our police and just as an addition to that i'm going to leave you with one final statement about that uh chief purdle and his staff and i deal with um you know recruiting officers uh to serve our city and i can tell you even at the level of south haven we can feel it we can feel the disrespect in recent years towards the police in our country and it's affecting people by getting into the line of profession i can tell you if whatever problems you think our country has if we don't have adequate protection from these men and women in uniform we have serious problems so i would just encourage you when you hear someone that thinks it's funny to disrespect our police please stand up and be another voice for us mayor if i could say one thing too we had something happen this past weekend we got an auto theft and i just want to brag on our police department for doing such an outstanding job apprehending that suspect in a timely fashion i mean it was really quick outstanding law enforcement working we need to show them got some you know granted for what they do every day absolutely they never know when a moment can put their life in danger and just like that incident they responded extremely quickly and stopped that situation so i appreciate you bringing that up does uh outstanding outstanding

[0:10:25] job okay next on our agenda is our public hearing for our tax increment financing plan for silo square in south haven so at this point um do we vote to open it up okay if i can get a motion now to close the public meeting open up the hearing i'll make that message for a second okay we've got a motion wall from payne second walderman gallagher all in favor say hi all folks say no i just it motion carries the public hearing is now open so if anyone would like to we have representatives for the development in the audience that are here with us to answer questions our board and myself are also available to answer any questions so at this point we'll open up the floor anyone who wants to speak ask a question whatever please come forward to the podium is there anyone that would like to speak please come forward any other comments on the board any questions from anyone wow social media sure is an animal all that on social media nobody's here to speak really for the people watching where are you you know you talked to me for two weeks where are you where are you we're here waiting on you to ask questions where are you i think once the numbers came out they realized it's a good thing it changed a lot of minds i know i've had several last couple days that yeah were against it and they said really i didn't know that yeah well it's been a good thing from day one but

[0:12:27] again like a lot of things a lot of misinformation was stirred purposely so i always respect someone that has a legitimate question and then when they get the facts they you know form an opinion or change their opinion based on those facts unfortunately that doesn't go on sometimes it's just always amazing to me that no one shows up here you know when they have a free chance to say whatever they want to say ask whatever they want to say and there's total sound so anyway that's all i have to say about that honor brooks that you want to go anybody else have a comment so we just close the closet here motion to close the public here second uh motion ballerman hoops second baller brooks that was your question yeah yeah it was implied hey i'm the new guy still any other discussion hearing none all of ever say aye aye any opposed say no eyes have motion carries okay next one excuse me next on the agenda so is that not the next thing on the agenda that's that's the development agreement the plan will become after the hearing because there'll be a motion half of the hearing for the development agreement okay so what do we need what are we doing now uh go back one on the pdf so i just read this resolution proving the adoption information resolution to clearing the attention of mayor reporter baltimore the city south hampton touching tax different financing bonds of said municipality and an aggregate principal amount not to exceed five million dollars to finance the cost of installing and constructing certain public infrastructure improvements to support silo square within said city in accordance with

[0:14:28] chapter 45 title 21 mississippi code 1972 as amended and determined in silo square is a project eligible for tax increment financing according to said act and the public hearing will be conducted in connection with the tax and increment financing plan for said project and for related purposes and that's presented on this date second we have a motion monument brook second bottom in flores is there any discussion now it's a correct place next on the agenda is resolution for the development agreement this is mr nick manley just to follow up on the resolutions approved for the financing development group will be the actual document that will uh help govern the financing portion of the uh tip so that was uh sent it's been reviewed by the developer they're an agreement as well so tonight we need optimization for the resolution for the development agreement for the mayor to sign the resolution will give the authorization for the mayor to sign the development agreement with um the developer for the solid square project let's move second we have a motion balance second volume and kelly is there any discussion barry nunn roll call yes alderman kelly yes yes yes okay that motion carries next on the agenda is a resolution for unmarked police vehicles this resolution will bring us in compliance with the mississippi code to have a resolution which sets for unmarked police vehicles those police vehicles being marked with hindered investigation so under the

[0:16:31] mississippi code for the audit guidelines we need to pass this resolution to give compliance with the applicable code section and have this resolution but certified copy resolutions sent to the state office office and the chiefs put together this list for the unmarked vehicles mr mayor i will be adopt a resolution of the city of south haven setting forth city of south american police unmarked vehicles pursuant to mississippi code section 25 187 we have a motion baller in pain second volume and brooks is there any discussion hearing none roll call yes yes yes yes okay that motion carries next on the agenda is resolution for a budget amendment mr chris wilson mayor board this is an 80 000 amendment to the tourism budget which will be expensed after park improvements our this is strictly the hotel motel tax and the revenues have been coming in above estimations throughout the year the assembly raises are based on about 80 000 for the year which you'll see if you take your chart and flip it over on the back one you'll see the what the new baseline does with the projections and we are still well within and actually most likely this is still a very conservative budget estimate for the remainder of the year i'll make that motion second go to the motion bomberman flores second of honor to gallagher is there any discussion hearing none roll call brooks yes kelly yes yes okay that motion carries

[0:18:37] next on the agenda's resolution for tax exemption for butler animal health supply llc doing businesses can restaurant animal health this is a resolution for the personal and real property for mother anabolic supply llc dba henry shine animal health it's been recommended by the economic council along with reviewed by the council of the county and the city so tonight we need authorization for the mayor to sign the resolution and provide a copy of this department revenue for the tax extension for the real property and personal property for welder animal health is that moved we have a motion bottom in florida second ballroom in brooks is there any discussion hearing none royal column ottoman yes alderman kelly yes yes okay that motion carries next on the agenda is a resolution amending our transient vendor ordinance this you recall this ordinance was amended last year to reflect that transit vendors can only be in certain zones c4 zones this will further amend this ordinance and working with the clerk's office to require if they have a building or resetting structure it would require building a fire inspection to be in compliance or putting in fire codes also require a certificate for those certain people who don't have to register through the state law that don't have a club certificate and in addition to that also require that all transient vendors cannot or cannot be on vacant lots and must not be on the city right away and for the for their vending services

[0:20:39] so those are the main highlights of the amendment to the transit menu ordinance i'm happy to answer any questions andrew can answer questions too as well but tonight bring to the board for you and authorization to sign the resolution and publish it before it go into effect within one month of passage kelly is there any discussion so what are we implementing here again nate amendment of the transit vendor ordinance uh basically requiring if you have a i think the issues become there's certain transit vendors who have structures and those structures will have compiled the building and fire code as well as not being a city right away and also not being vacant lots and having some registration the standpoint of being able to ensure the safety of those people just like we would treat any other building like that just ensure not ensure the safety but at least do our part to inspect those facilities now what building the commercial building of fire codes like are these sprinklers and if they all that sort of stuff well it wouldn't be commercial standpoint of that i think people are going into the buildings um it would be compliant the collective code building code um making sure they're strictly sound yes so when they're trucks you're talking about like vending trucks or something not the trucks those i think there's only one or two that are not there's one structure but the trailers like the trailers on wheels those those aren't an actual ability so they're not gonna have to there's certain requirements for them already from a standpoint of not being able to hook up to i mean having sanitary disposal systems but um for the actual building code that would apply to a vehicle or a station on wheels so we're talking about someone that actually built a shed or correct something

[0:22:42] someone else's properties to sell that's the whole purpose of the change is to differentiate between a mobile a mobile uh vehicle and a structure because um there were some situations where people were using a temporary structure and then trying to basically work in the system to get around the ordinance you know dropping it on wheels or whatever and calling it mobile that's that's not the intent the intent of a transient vendor ordinance is for uh businesses that are truly transient yeah they're not very transient if they're right you can move the building right so all this is doing is just making it clear you know what's what's a mobile what's the difference in a vehicle in a structure and then there was uh that was the main that's the main change the other thing was just clarifying some language wasn't it okay but that's the guts of anything that's changing as far as the the application of the ordinance that was yeah and they have to send you the uh disposal system you can't just hook on some electricity of electrical yeah but that that's electrical code issue that'll be a danger anyway yeah that's like you have extension cords running across the parking lot things that you common sense wouldn't want to do right now plumbing running water or something yes but our access to access to it yes does that answer your question online thank you don't think if they're selling food don't they still have to adhere to the food inspections and stuff like that correct yes okay is there any other discussion hearing non-royal call yes alderman kelly yes yes okay that motion carries next on the agenda is the resolution for sanitation fees this is the resolution for the unpaid sanitation fees um

[0:24:44] as you notice it is going down some but uh it's uh either the lien or the contact assessment for those who have not paid we have a motion bottom and brooks second of all kelly is there any discussion hearing none roll call friends yes kelly yes yes okay that motion carries next on the agenda is the resolution to claim private property mr merman without the resolution grant authority to clean private property is presented on the stage second motion brooks second volume of payment is there a discussion among the board hearing none is there uh anyone in the audience uh any owners of the property would like to speak derrick nunn roll call martin brooks yes yes no motion carries okay next on the agenda is our planning agenda miss whitney cook yes tonight we have three ordinance changes that we're proposing for um the zoning ordinance and the subdivision regulations the first one is an amendment to title 13 chapter 12 section 13-12 m and this is specifically the commercial use chart what we're proposing in this is to further regulate and put some more controls on convenience stores a lot of traffic generated by a convenience store there's logical places for them as lighted traffic intersections what we've found is there is a lot there's an influx of them uh they're coming into areas that maybe

[0:26:46] don't have direct access to a street or maybe just kind of in the middle of intersections but not at a point where there's a light a controlled access part it's very problematic for us from a congestion to traffic standpoint what we're proposing to do is leave them in the zones that they're at that they're allowed in already but put them under conditional use and have contingencies in footnote number 48 which is part of the ordinance which states they're limited to sites that are on hard corners which are your intersecting corners should be at a lighted intersection and have a maximum of two per intersection because if you hit all four if you hit all four corners with that traffic generation you essentially have to have a goodman road widened street um so we just wanted to put some more controls on it all of them will come in front of the board goldman for a final determination it requires a public hearing right now it does not it's a site plan application only they can go anywhere it's commercials owned so we just wanted to get a handle on them due to the congestion but that is the change that we're presenting with this first ordinance resolution it's a motion to approve item one i'll make the mission number one a second we have a motion balancing second by alderman gallagher is there any discussion about one are you limiting them to one corner of the four or two we're allowing for two i mean you would want one in in both directional flows um but four is overkill one i think would be almost too restrictive but it could be its contingent on each intersection it's a minor intersection we may just want one but at least it puts the more control in our hands so we can look at the traffic circulation and the patterns and improvements that need to be done on the streets uh if we bring it in front of the board thank you is this just for uh convenience stores going forward nothing in the city right now being we won't be retrofitting we won't be retrofitting any of them uh right now obviously they're already in their location um but in the past month i've had 10 potential sites come in and like out of those 10 only about four main cents with the locations um so for whatever reason there's an influx and we just have to get our handle on them so

[0:28:48] we don't just completely congest every major road what we've got this is what's going on this wouldn't be effective until 30 days after it's not anywhere correct now everything that's in file that's filed now will stand with the existing any other discussion on either one yes motion carries uh our next ordinance amendment is to title 13 chapter 3 section 13-3i and this is simply offering the public and itemized list of all of the applications and permitting processes and their cost it's adding a fee chart to the zoning and subdivision regulations we don't currently have it a lot of the departments already have it fire department court had their set fees and fines in the ordinance it's clear it's for clarification um but this is adding that into a reserve section of the administrative section of the zombie ordinance mr mayor moved to approve item number two on the planning agenda second we have a motion balance second of all kelly is there any discussion are all these fees the same if you just put in yes they're all in our on our permits right now uh we haven't increased we haven't increased them since i've been here um so these are the ones that are already set they're in an application format but they're not an ordinance format format um and like mayor and i discuss it it just makes it more official and it's easily accessible to the public a lot of times they don't know what it is and they can look them up so uh in terms of formality and accessibility is what we did important clarifying that exactly no adjustments to the fees whatsoever and as whitney stated this is

[0:30:51] uh one thing that i asked her to work on and just to make it more user friendly for the public put everything in one place like everything is already there somewhere either in you know a document throughout the operations or an ordinance form but this is a way to put everything in one location where it's easy to find it's crystal clear for everybody correct we were busy at the last uh committee meeting any other discussion on two hearing nun roll calls yes alderman kelly yes yes yes okay that motion carries on too our third ordinance amendment is to title 12 chapter 4 section 12-10 this is your subdivision regulations uh we reference sidewalks in both the zoning ordinance and in the sub-edition regulations and as you've seen we're trying to become as pedestrian and bicycle-friendly as we can be so the zoning ordinance amended the sidewalk requirements which were previously ada compliant which required on two sides on major roads one side and residential and none in coast we changed that ordinance and or changed that section and ordinance for zoning to require it on both sides of the street unless it's a major arterial road like church road and road obviously we don't want people walking down but every other street system would be required to have two sidewalks one on each side this ordinance amendment is to provide consistency between the subdivision regulations and the zoning ordinance because the subreddit's a totally different section of our code still goes with the ada compliance of at least on one side so we wanted to correct it provide the consistency with our ordinances so we're putting the dual sidewalks requirement into the subdivision regulations which will now match up with what we have in zoning and that's it mr mayor i make a motion that we approve item three on the planning agenda

[0:32:59] we have a motion ballroom gallagher second alderman brooks is there any discussion on three so not both sides of the southwest 88 yes they will all have the idea compliant grants uh you still will not be required to put in the coast um and like i said we have excluded them from major arterial roads which will basically be your major section on roads your airways your goodmans church road and things like that that's just not it's not pedestrian friendly in terms of hazard so we don't want to enhance walkability on those but essentially every other road in the city will be required to have a cyber homocytes and we should be coming to you soon once we get the ordinance prepared to do the whole complete street system which would put the bypass on there as well is there any other discussion on three yes thank you next on our agenda is mayor's report i just want to update the board on a few things you met many of you may have noticed that when it gets this time of year you know grass is growing we made the decision this year that we would take in the right-of-way maintenance on our own so now we have our public works crews doing that that doesn't take away still the responsibilities of potholes and street repairs and all the other things that they've done in the past i know a few of you sent emails to bradley i just want to make sure everybody understands that we're a little bit behind personnel when we made these decisions to make these changes along with that came new personnel like in 2017 we added four personnel to public works and then we came back last budget year and added another six so in the last two budget years we've added uh 10 excuse me 10 new personnel

[0:35:02] designed for these purposes uh we're having trouble hiring we've not we're not full we're still about five short so i'm just asking you to bear with us we're a little bit behind trying to do the right of ways and do all the street repairs too but i just thought you need to know that that eventually when we get uh we get all 10 positions filled we should be moving smoothly until then we're we are you know our guys are working they're working their tail off so if y'all will just um you know be patient with us there until we get those higher we are working on that uh we feel like we're going to be able to make those highers in the in the next 30 days hopefully so um good another more good news um sales tax report our last report we received was for 1 million 369 521 which besides the december month for christmas shopping season that is the highest sales tax ever recorded in the history of southampton mississippi so it just uh it's it's a great indicator of you know where we are as a city uh we are moving our economy is great uh things are going well just to put that in perspective for you the same collection uh the money that we get in may is actually for march uh so the money we got in may of 2017 was 1 million 271 000 and so it's from that up to 1 million 369 for one month so that puts us on pace to be about 350 000 a year higher than our budget projections so it's great news it's uh like i said the highest ever in the history of the city other than a non-christmas collection month uh there's two things that i need your help with tonight that did not get on the agenda the reason that we're not on the agenda is we're waiting on uh third parties to give us the go ahead the first one is we're waiting on mdot with a snow pedestrian project we just received a letter today uh given us the go ahead with approving uh an engineering firm for the ce and i so it is a recommendation to approve

[0:37:04] civil link you know to oversee that but uh we need a we need a vote tonight to uh uh to make that official for that approval if someone would give me a motion for that so for you to sign the contract right uh was to approve them to designate them whitney am i saying they're right is to name them as the official engineering firm that's going to do the center correct they did the design now we're in the construction and overseeing the construction phase so you have to um select the firm it's naturally usually the one that you've already got but it's a formality we have to have and has to have a vote behind it and then you'll be able to sign the letter okay so we had two speak so ottoman flores made the motion honor and pain you second that correct all right so we have a first and a second is there any disc any other discussion about that speaking of your motion will be authorized to believe in engineering authorizing their signing pockets associated with that question yeah do you agree with that i do we'll let the minutes reflect that okay is there any other discussion about that hearing none all in favor say aye aye all opposed say no i'm sorry i don't know you're with us honorable okay motion carries uh the other thing i need this evening is same thing there we're we're waiting on approval from mdot you all are aware that um in our budget plan and capital improvement plan uh that was adopted in 2000 uh in october of 17th for this budget year we included in there that we would bid for the intersection modernization on highway 51 all the intersections um uh custer um rasco brookhaven and we did mr b valley last year and then maine in 51. all those intersections we budgeted for to be modernized meaning that we would replace the old span wire that's been up there

[0:39:07] for many years add new mast arms which would give pedestrian friendly options as well as make the signals uh more conducive to technology now where they can communicate with each other the old old signal heads do not have that capability uh the new ones are do have the ability to communicate for you know traffic congestion reasons things like that plus it dresses up it dresses up the older part of our city is going to make it look much much nicer and it's a commitment to invest in original south haven so we did that with 51 being a state highway we had some hoops to go through with mdot to make sure that they approve of that and they have done that so we just got notification today that's why i was not on the agenda just found out about that from them so in hopes of not delaying the project that's why i'm hoping that someone will make a motion tonight and authorize us to bid for that project we're all going to bid for all instead of doing the last two years we've done one intersection at a time and this year we took that out of the budget line and put it in the capital improvement plan to free up some money uh in our uh in our normal operating budget so what we're going to do instead of doing one at a time we're going to build all these together in hopes that we'll get a better price you know because it's more volume of business so so someone will will help me out and uh and make a motion to authorize the bid for this intersection modernization process here i'll make that motion that we you can take authorize the business a second we have a motion balance second already kelly is there any discussion hearing none i'll forever say hi all right all opposed say no i'm sorry ottoman whalen any opposed say no i just have motion carries okay and that's all i have this evening for the mayor's report next on our agenda is our citizens agenda we have one person that's signed up uh ms

[0:41:09] victhorn would you please come forward good evening and i have been bringing her what six seven months and my backyard is still the same way no trees in the fence actually is kind of getting fat it's ten years since that man put a fence up and promised to put trees in our backyards and there is no trees and i've asked three times where's the water goes from that subdivision it's ruining our ditch which has become a creek right on jacob and nobody's doing anything well and i did when we uh got the notice that you were going to speak about that issue again i went back and did some research after our last discussion and what has happened since then the developer that owns the property that does not want to plant the trees until the road is done for fear of damaging the road so that's what that's why nothing has changed have you driven right there sir i have not well the road is finished nevermind was finished right away yes man it's not finished it goes to the end of the very first section and all the way up to raspberry is still on it's a bottom line it's not complete yet but but the way the way i understand it wouldn't you please correct me if i'm wrong the way i understand it the developer has agreed to replant trees but he is not going to do that i mean honestly but you know what though this is what i said the first time as citizen when somebody's going to ask them to do something or when you buy something and something and i need to come to city hall and check whatever it is because people have lied to us the guy that sold us our house lied to us and told us that they belonged to the church and didn't belong to the church because somebody's building a side of that

[0:43:12] but who from the city lied to you nobody from the city what i'm saying is i need to come to the city so i cannot take somebody's word for it because somebody tells you something i mean that was eight years ago i mean that was not yesterday it was eight years ago when my husband had surgery so i know that but apart from that i could see nothing is going to be done for years to come so i want to leave it at that but you know what a gentleman that lives right down at the very corner where the water probably comes down to that ditch he had to fix his own because the city told them that it's private property right it is private property it's ruining with all the water that's flowing in there from the lake and from all the other subdivisions that's it i want to say something about the potholes i'm not complaining about the potholes because they come in 16 years that i lived on jacob lane they come and fix those pothole diligently at least every other month henry is a busy street and what they need to do they need to cut a piece of that asphalt and resurface it just a piece because it breaks down no matter what you do it people drive back and forth the street is narrow and that's what's happening so we're wasting money just by coming over there every other month just to fix the pothole they're doing it i'm not complaining about that but i think they need to do a better job than that because you know what they're not going to resurface our streets so therefore they need to do that they need to cut a piece a section and just resurface it and roll over it make it flat because that's how it breaks down so far so that's all i want to say well no and i like it means a lot to me that i answer your questions on the streets i agree with you i have actually driven uh on henry drive in the last 48 hours so i'm familiar with what you're talking about and um so what we do we analyze all the streets we can put that on there

[0:45:15] we can't resurface that i'll have to go back i just wanted just one piece right i understand i was going to tell you is eventually i'm aware of it is it is going to qualify for a full resurface in the next few years but until then when you have multiple potholes like that it's rough you can cut the whole piece down make it smooth our public works director bradley is here he's aware of that we have other streets like that in the city that we do the same thing too we will address that i'll get that taken care of i mean that's all because i feel like in 16 years nothing has been done but feeling the particles and they do a great job on that except you cannot put a spot on a hole and pat it down and expect to stay there because with the rain and driving over it ruins it yeah i agree with you and we will address that i do want the other two issues before we leave so we can make make your time worthwhile for being here tonight the other issue just to clarify i know it's not what you want to hear and i apologize for that i'm sorry i can't give you an answer that's more favorable however well but what can't we've already been told and whitney correct me from the the property owner has indicated that they will plant the trees when the road is done and i'm sorry that it's not done now but it is going to happen uh the other thing about the drainage um that's been checked the first time you came here we had our engineering firm address the water flow and mr cordell would you please stand and help us with that please address her question about the water you know her concern about the waste that comes time from that subdivision into it's it's in greek now the house actually was falling apart yeah and i can't say that i'm gonna let him speak but i can tell you that if it's on private property there are limitations state law prohibits us from doing that i do i truly really do understand that it is private property but when did when things have been given permission

[0:47:20] permits to build and to run the water all over the places it ruins the product right you feel like that the other developments surrounding it will put more water on you the other subdivision rosemary and all they don't have a retained performance pond so that water from rosebury there is a big pose comes right into our pond from goodman from church road comes into our pond so when it rains or you should come over there it's a lake it becomes a lake all over the street it runs down in there and i know now with that builders there's subdivision over there i don't know where their water goes yeah and i've asked three times where the water goes because some of it what it comes into the lower part which is right back there yeah and i just want i want you to know that when you did bring that to our attention that we did we did check into that do some research and that's what i'd like for mr cordell to give us a summary of police there yes we did look at the drainage i did change there is water going into the lake from other areas but that's the nature of the lake they needed the drainage area in order to make the lake uh a wet lake uh some of the areas that she's talking about actually produce water because it is going into the lake so you have the tension in that lake which is wetland the other areas um you know is private property and i don't know yeah but where is the water from the building the whitney that where does that water go all right i'm not telling you where the water i'm just telling you there is a lake there i'm pretty sure nobody here okay we're just just trying to give you

[0:49:38] you know answer the question and give you uh the information that you asked us and it's not the fact that the builders whoever gets permits where now they might have a lake i haven't seen it because i've driven back there but rosemary doesn't have a way uh savannah mr cordell as you mentioned will definitely uh meet with you and give you all the information that his engineers discovered when they did the uh did the inspection and the analysis but thank you for coming do anyone else in the audience would like to speak please come forward and state your name my name is alan shaffer and i'm an ophthalmologist and for 10 years i've used a dumpster behind my building and in our last month we've been denied access to our dumpster behind our building from our neighbor and code enforcement has told us that we had to remove the container we placed a dumpster on the other side of our building between our building and goodman road where it was hidden from view from goodman road we're told we had to remove the container after the same neighbor complained what's your address 726 goodman wrote east what's that close to you 10 minutes waiting and we're told against what it was against coal against code where we put our container and we were told to remove the container from there and we were further told that there was no place on our property that we can put a container because every place in our property is against code and we're requesting a variance to the code to allow us to place a trash

[0:51:41] container where we at last had it located you were told that you could have a trash container yeah that doesn't mean i'm not aware of anything like that but we'll we'll check into that and find out if we can get our code of horse and officers what's the issue let me kind of just go back a little bit i think alderaan payne spoke to him as well um head enforcement obviously the neighbor came in complaining about parking in her area and we explained to her that there was nothing we could do you know in terms of parking between the two she came in and asked if she could put a fence up along her property line well her property does an l and essentially his uh desoto eye cares that just right here is kind of in the little niche of the l-shape so it was once a rectangle that she wrapped and he bought this lot she wanted to come and put a fence up because she said that she was tired of them putting their dumpster on her progress well you can put a fence around your property that's fine just make sure it's on your property cool the fence for may go across the street or go across the hall well i believe when she did that um i'm not sure but i think the dumpster may have been located on her property at that point so they were they were asked to get it off her property by her when it went up to the front it became a cone violation because you can't put a commercial dumpster you know in the front of the building it has to be screened by masonry materials on three sides uh it has to be located in the rear um he's very tight on space the only thing i can come up with and i spoke to ultimate pain about this at one point is instead of maybe getting a commercial dumpster just get some of the like the city roll-offs that you can actually put around the back because that's about the only thing that can fit online so the issue is there's no space in the rear yeah they're very tight yes they're very tight on it and i think she's not allowing them to utilize the property apparently they once had a handshake agreement we looked up to see if there was an actual legal document and that we couldn't find an easement where they were granted accessibility to the back and for whatever reason she got to a point where she didn't want to

[0:53:42] work with him anymore so she just cut off that access and at that point it became a civil issue there's not a whole lot we could do except address you know the violation she was trying to put up gates on the access points we told her she couldn't do that she was trying to put chains across her section of parliament can't do that um but we also can't help you regulate if his clients come over there and park there that's going to be between the two of you uh and it's kind of become a civil issue and there's really nothing more that we can do in that standpoint i think what he's asking now is for a variant to allow the commercial dumpster to go up front along the goodman road area he does have a hardship but i think the problem you're going to run into now is you have to screen it appropriately and i don't know where you do that on that front um was it is it a possibility that you could move in the front and put evergreens around it maybe or seriously they're all right there so it could be good if you want to grab the hardship we just can't i mean commercial dumpsters are supposed to be screened by amazing bricks for you to see where it's where it sits on the property where it was sitting on the property and is it was it sitting on your property or was it sitting on purpose she's saying it's on her yeah this is the front okay they've also told us that this is a large dumpster that they can even bring us a smaller size and even shed legs well that sounds this sounds like an issue that could be resolved i was not aware of it yes i didn't know anything about this i appreciate you bringing to my attention but um now what the issue is with code horses like whitney said you can't have it in front or unshielded because obviously that becomes somewhat of an eyesore and the other your other property owners around you will not like that i can assure you um but if there's a way to downsize it or have it shielded in some way i think that could be something that would make sense to you know we'd have to go through a variance process and they would have to grant variance on the location and if if we were talking about just doing landscaping around it it would have to be a variance on materials to screen us do you need a dumpster yes i mean we surgery center physicians practice so we need a doctor go ahead thank you it's a real i've talked to dr schaefer a couple times it's a really unique

[0:55:45] situation and um as far as where he had the dumpster before i think there's a landowner squabble between him and the neighbor who he involved the property from uh they just need a variance of somewhere that they can put their dumpster and it's uh i think as long as it's you know we what is it that you put around it the masonry it has the material to match the building as long as we put something around it i think it's a great compromise you know for you guys i have no problem with it at all then how about can we just start the variance process and yeah i mean they just had a pile of areas that were going for the board of adjustments um i think you definitely have a hardship on the location just because it's an extremely tight site i think it would be hard-pressed to get the materials changed up to landscaping because it is commercial um but yeah they can file the variants and go through the court of adjustment i mean i would be an advocate to the board of making a common sense decision i mean i obviously the reason that they're requiring the back is for it not to be unsightly in front of the building with it being garbage so but if there's not a place to put it in the back and uh and your neighbor is not cooperating with you from what you did in the past i think it makes sense and i certainly could be an advocate to this board to give a variance at some time you know but we need to go through the process so we get all the facts like see what it's going to look like you know what the structure you're proposing to put around it or evergreens or whatever you really can't see it from goodman at all the only time you can see it just in our parking lot yeah i think the problem you're going to have just saying that you can't see it it's what the landscaping is then you start a domino effect with everybody who doesn't want to do their appropriate screening around it so it's going to have to be some brick material they've like i said it's required on three sides to put a foot above the um the actual dumpster uh and then gate enclosure on it and we do that on every commercial property so i think the hardship's there for the location but i would be hard-pressed to get the materials changed up and i think you're gonna have a lot of other people saying well they get to hide it behind bushes why can't we and bushes go away so they want a more permanent location and a permanent structure to screening i

[0:57:48] agree can we do something to give them permission to do it while they're in this process i think right now what we want to do is did you get issued a ticket enforcement no no um okay if there's no ticket there we won't have to put up we won't have to remain a ticket we'll just ask the officer that's been involved i believe that's officer drayton um i just hold tight and let them go through a process that's the next thing i was going to ask you yeah let's start the process let's have code enforcement you know let them go and then if you go online it's the variance application and it's got some hardships that you have to just define and describe where you have the hardship and like i said i think you can back the hardship it's a very tight site um obviously you're you're do it you have okay we'll remain the ticket at this point in time um or put a hold on it until we know the process has been completed but i mean we can definitely work with them it's just um you know it was out of the hands of a of an administrative decision and like i said a lot of it's become a civil case between the two property owners the other property owner's been in several times and we've um basically told her she can't you know block parking and things like that so that's going to be another issue and so we can't control the parking whatsoever well no i mean if she blocks us from parking on the side of our building i can't pronounce she can block you parking on her property wherever her property lines are she can block now she was asking about the ingress egress that she both shared on foreign shared in that sense that both of you are allowed to use it she can't block that um that's what i'm talking about yeah she can't block the drive from goodman road she cannot do that she can block her other drive that's solely on her property but not the one that she accepted that you access from um she's been informed she cannot do that but she can on her own property if she chooses to start towing vehicles yeah and because because she was almost on tire spikes so we've just we've calmed her down um but yeah we can't control the parking it's not a shared parking design it's site by sight because i looked at that trying to determine if it was something we could work with and if they were just individually designed with their own parking so i mean we can't control where

[0:59:49] they park okay and what she does with it we have one further issue then because we have our employees parking off-site and they're having to walk along goodman so it might be a nice thing to have a sidewalk longer than that well now that's him dog so you don't have to speak to him about that one yeah that's going to be a state issue right there so we don't actually control the sidewalks on him. but you can always pitch it to him but if you will tomorrow will you go ahead and start the variance application and then whitney would you um bring me up to speed on all the details of what has transpired to this point and then we'll uh we'll look at or evaluate yeah and normally the variants are due the first week of the month but i haven't finished the paperwork to get the reports out for the june 4th hearing so if you want to file for this month thank you thank you thank you sorry you've had trouble is there anyone else who would like to speak on the citizen's agenda good morning ben woodson i live in 7605 davis parkway the drain run through my yard and in the back it's never been cleaned and grass growing up in there from some rock would be nice if you get that and the drain itself need to be coming down those big tanks right through my yard and my neighborhood so mosquitoes are they big we need somebody to spray at least once twice a year because that water sets in the back okay are you talking about the drain that goes out right next to the snapping windshield yeah right there okay it's davis pogba yes sir 7605 at 7613 davis highway probably in the drain right right through my big fix that stop they stop that leak you know because that big pipe in the hole in there had a hole in it they fixed that so they put the sign down we fixed it sir so what they fixed uh a link okay

[1:01:54] yeah christy would you write down the address 7605 76 13 and 7605 okay run right through our yeah we're the last drainage on the street okay all that water come down and come back through my yard and i and when they before they put the side down i got water by the watch for the first time i'm sorry that happened to you we'll investigate it and see what civil link has checked out see what the solution is we'll definitely do that okay and i had a drink i got a drain on my house and i didn't know it was there i guess the people somebody put it there before i moved there for 12 years ago anyway they cut it you know so i want that reflection so they if the water you come on top of the house they're going back to the back right well i mean what that's something i want to talk to civil link about i mean we can't do work on private property but if it's a public drainage system that's something we can do but the property behind whether all the water says that's private property right it's a private property i don't know who owned it yes sir it is probably it is private property but that water been sitting there and drinking i've never seen anybody clean it they cut the tree down you guys cut the tree down last year but the tree is growing back now you know it's small but it's growing back it's in the drain itself it's draining i think actually i think the drain goes on snapping properly yeah i don't know whose property is but it's for sale sizes yet i'm not but the water maybe because yeah best way to handle it is let us let me get the details with civil lane see what their uh recent inspection showed and if we need to go out and reinspect it we'll do that anything that's on public property we can we can correct that for you okay but i'm just making it clear i don't want to mislead you if it's on private property it's not something we would be able to do that's a dream right whatever but we'll know after we look at their

[1:03:56] analysis we'll know what's public about the dream when the water comes through our yard the water sits in the background that's i think it's private property i don't know yeah and it may we may be limited on what we can do on the if it's on private property we would be limited but it's best i don't want to speak without having the details again i'm not aware of this at all so um i'll uh check with civil and get updated tomorrow and then we'll be in touch with you to let you know when somebody's coming back out there we can answer all the deals appreciate it yes sir thanks for coming forward okay does anybody else would like to speak on the citizen's agenda okay next on our agenda is our personnel docket this marijuana will approve the personnel is there any discussion hearing none roll call next on our agenda is our city attorneys legal update step two contracts real quick uh the first contract is with uh debbie environmental health services llc this will allow for public works to utilize a dumpster for um waste or toxic or hazardous household hazardous waste and public works department for a year to assist the citizens of the city of collecting that waste we had a couple revisions of the contract true debbie has agreed to those revisions so tonight just being authorization for bradley wallace assignments agreement with true debbie i'll make the most of mr barrett second we have a motion ballerina payne second bargain kelly is there any discussion hearing none all in favor say hi all right i'll probably say no

[1:06:00] i just haven't questioned here uh second is an amendment with uh tyler technologies this is our contract with one of our ipd vendors um they have switched their end user from adobe to doc origin and so we get to acknowledge that switch through this amendment um some of the terms couldn't be changed as a document or an end user agreement that's just uniform um throughout the country but we did get the tolerance tyler to add kind of our contractual language in here about the city being a public entity and not waiving its rights to agree to certain requirements within the contract and then that's there's 90 authorization for chris shelton the science tyler amendment or contract amendments for the end user license agreement second we have a motion balance second of all with pain is there any discussion hearing none all in favor say aye aye all opposed say no i just have it but she carries next on the agenda is our claim stocking mr mayor i move we approve the claims docket and the amount of 1 million 527 192.46 including demand checks second have a motion bottom and painting second arm flores is there any discussion hearing none roll call yes alderman kelly yes yes okay that motion carries all right next on the agenda is to um determine the need for executive session second we have a motion by gallagher second

[1:08:02] ballroom and kelly all in favor say hi all posts say no eyes have it motion carries the need this evening is to discuss claims of litigation against the city leasing of city property and economic development is there a motion to declare executive session got a motion monitor in pain second baltimore brooks all of them ever say aye all right all opposed say no i just have it motion carries the very board will now enter executive session tomorrow

Captured 2026-07-26 · source: youtube.com/watch?v=-9ZT40mLI3s