02/21/2017

[0:00:01] welcome everyone I'm now calling this meeting to order please stand with us for our prayer which will be led by Alderman Gallagher and please remain standing for the pledge of allegiance that will be led by Alderman Scott Ferguson Heavenly Father we thank you for the chance together here tonight as Christians who love one another Lord we pray that you would uh bless our meeting Lord bless the city of South Haven and have your hand on us and show us mercy your name we pray amen amen I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you okay before we get going with the Jenner tonight I'd like to wish a happy birthday to our alternate large Mr William Brothers he's still not 40 yet how are you 35 good yes rookie all right first on the agenda is approval of minutes for the February 7 2017 Maybe any additional Solutions or Corrections second we have a motion of alderman pain second Alderman Brooks is there any discussion hearing an honor roll call honoring yes Hunter mckelley yes yes Parliament Ferguson yes yes okay that motion carries now I'll entertain a motion to approve the minutes for the February 10 2017 special meeting remember we approved the minutes for the special meeting of February 10 2017

[0:02:05] within the admissions deletions okay we have a motion of alderman pain second Alderman Ferguson is there any discussion hearing none roll call yes Waterman Kelly yes Cameron Hill yes yes yes yes okay and that motion carries next on our agenda is a budget amendment Mr Chris Wilson let's move your board this is simply transferring these money the revolution will sell Dorchester to the tourism fund defense in that department s I'll make that motion of alderman Flores second Alderman Ferguson is there any discussion and just to clarify this is the lot vacant lot that the city owns right at the corner of Dorchester Drive and Highway 51. a better any other discussion hearing non-roll call yes okay and that motion carries our next on the agenda is hearing and consideration for adoption of the Mima district one Hazard mitigation plan Mr nickman is going to help us with that first mayor board this is the uh at the last meeting you approved to go to advertise for the district one plan uh our female plan our memo plan I'm sorry uh for district loans is the northern half of the state this is required to receive funding for any time as a national disaster there's an emergency declared and what happened to this situation was in the past each entity did their own plan this year Mima did deal as part of that it was sent to each municipality and County can review

[0:04:09] at that point then the public had a chance to comment over the last two weeks out based in their advertisement to me my regarding the plan and tonight we would need to separately close the meeting to open up for a hearing to see if anyone else has any comments on the plan for those of you not open until the minute so it makes it submitted to pick the meme up if there are none and then after that we would then adopt the resolution with that approving that plan so I think first order business will be to close the meeting to see if there's anyone here that has the most common on the plan and then if there are none we then hear those comments address those comments a minute in the minutes if there aren't any comments we close the hearing and approve the resolution to adopt the plan yeah you can make a motion to close the menu for hearing something okay we have a motion to close the public meeting the alderman Brooks second of alderman Hale all I've ever say hi hi any opposed say no us haven't motion carries this meeting is now closed now a motion to open the hearing is that correct name okay I'll entertain a motion to uh open the public hearing it's all moved got a motion modern Flores second modern hail all in favor say aye aye all opposed say no I was having a motion carries the public hearing is now open if the board has any condenser you know what the public has any comments Now's the Time to make those comments according to plan and it was drafted by Nema uh it's being just to give a little more background for the public and the board staying approved by each entity within them with in the northern half of the state and including all the cities in the southern County and Pacific I think the southern county has already approved it as well before the board finalizes with comments is there anyone in the audience who would like to speak seeing or hearing none is there any any comments among the board okay hearing none now we do can we close

[0:06:20] the hearing at this point yes right now I'll entertain a motion to close the public hearings all opposed say no I just have a motion carries the public hearing is closed is there a motion to open the public meeting we got a motion by Alderman Brooks second Alderman Gallagher on February aye all opposed say no I was having motion carries the public meeting is now open again our motion to adopt the resolution approving the plan Mr marombu we adopt a resolution to adopt the Mima district one Regional Hazard mitigation plan go a motion by Alderman Payne second of alderman Brooks is there any discussion hearing none roll call yes yes yes okay and that motion carries next on our agenda is a resolution for title 4 chapter 2 Article 1 Section 4-26 of the city building code yeah this is a resolution to for the ordinance with the building code I think the um in the mayor and uh painter under Whitney cook had been looking at this as far as the wind and size of the requirements of the building code and that's still being reviewed right now those requirements under the 2012 International building code so right now this resolution would just put those on hold right now and until further time and so requirements can be looked at reviewed and possible revised under the city's Authority under 17-34 21 1925. so that the second industry seven uh so that's the motion resolution tonight mayor Whitney Iraq and trying to answer any questions but that's what's being presented tonight until further time this can be reviewed with those requirements

[0:08:23] that may recall for revisions to the international building code is adopted by the city in 2014. or 15. I think um Mr Mayor I'd like to make a motion to allow for a more moratorium for the win and seismic requirements for the 2012 International building code AS adopted by the city we have a motion model in Ferguson second of alderman Brooks um and I'll definitely open the floor for discussion but beforehand I'd like to share a little bit information about the history of this in 2012 I know excuse me 2013 city of South Haven started having open public hearings uh with everyone in the city uh namely the builders you know to make sure that we answered any questions or concerns regarding adopting the 2012 bill uniform building that's used throughout the country and at that point there was a lot of here several hearings there were some meetings with the Home Builders Association and then nothing was done until 2015. we started having discussions County Wide with all the municipalities and DeSoto County itself regarding the desire to all have a common building code to make it consistent throughout the county so to reduce confusion so at that time we all agreed to do that we started with ordinance committee meetings there were a few things about the building code that did not really apply to the Mid-South a lot of the stuff is geared for other parts of the country specifically with the seismic allowed it is geared towards California and the San Andreas fault so there were some other things that were removed but at that time we were somewhat in a building recession still the building had not started climbing again so there really was not much objection or

[0:10:28] discussion about wind and seismic so so this board adopted the building code fast forward two years later economy starting to improve a lot more building permits coming out we start enforcing the wind and seismic code along with the rest of the code and then we realized that some of the things in there has brought our attention by builders that some of the things in there or someone overkill for this area again some of it's geared towards the San Andreas fault some of the wind stuff is geared towards your your major tornado your plane States or your major tornado activity occurs and then we realized that the overkill was causing some undue costs that put our city at a disadvantage you know to charge these uh for these plans and these other requirements um and it uh became somewhat urgent because we certainly don't want someone to leave the city of South Haven and go build homes somewhere else we want to encourage growth and uh and development in the city of South Haven so for that reason after listening to other builders and and doing a large amount of investigation with the help of Whitney cook and also James Gentry our building our chief building official it's our recommendation at this point that we need more we need to gather more information we're still doing that we've met with some of the representatives in some of the Memphis surrounding cities that are in a more dangerous seismic Zone than we are and just to get some input on what they've gone through and to try to simplify this to make it easy for our building inspectors and for our builders in the city but that's a long way to tell you we're not there yet we don't know exactly what what we need to do there will be a future recommendation brought before this board to change it but in the meantime we don't want to Halt growth so we recommend that we that we you know just put a halt on the wind and seismic part of the building code until that later date wow I'm long-winded sorry

[0:12:37] is there any other discussion so this is just taking out that part temporarily until we can come to it correct a lot of the builders are already doing things that are in there on their own because they want to make the homes safer for when in seismic but it's just taking that road and off of our inspectors and the builders until we get some clear uh clear Direction on what we want to do with that just a temporary situation we just want to make it official so everyone knows that it is under review and we're halting that until we have a clear distinct plan uh to make it simple for everyone any other discussion hearing none roll calls yes Kelly yes yes yes yes okay that motion carries all right next on the agenda is Professional Services contract with Matheson Associates this contract is pressure service with Matt and associates they it's for the utilities department to monitor the alarms at the water plants and we just need to get December contract so we could have the authority to pay these uh bills I think it's an amount of 4 200 per year at different locations they and sort of the correct language that's required of these Municipal contracts and revised other parts as suggested by me so I might recommendation to be appropriate so moved second yeah the motion modeling Flores second of alderman Gallagher is there any discussion 4 200 totals for all of them 4600 per uh water per station in the also the motion reflective Ray Humphrey has the authority to sign it um that might happen right now utilities direct assigned any other discussion carrying on we're all calm

[0:14:45] yes okay and that motion carries all right next on the agenda is a Professional Services contract with SSI for preventative maintenance if this is the contract obviously with SSI for preventative maintenance for the fire uh alarm at the building on State Line Road 85 State Line Road or I think the building we own right there on Stateline Road is being used by the church at this time uh it will it's a one-year contract for preventive maintenance for all the fire alarm systems is required by city code and seeing ordinance so uh tonight make a recommendation for approval they've revised the contract with revisions suggested they've been redlined out in authorization for Bradley Wallace's side of this contract I like the mushroom second oh motion ballroom and pain and a second of alderman Kelly is there any discussion you said 85 State Line this says 97 verse 97. it's one of the churches I'm even correct the address I'm not sure the address is 385 385 that address okay yes it's less than a thousand dollars foreign any other discussion hearing non-roll call yes yes okay that motion carries next on our agenda is resolution for Lanes this is the resolution of a lean condemnation or condemnation cuttings this will will file these as liens for now so that in the event a home is closed on our home is purchased the third party purchaser will have noticed

[0:16:48] a later date next fall or in the fall it even compared to an assessment as part of tax for the for the lane under the 21 1911 statute Mr Mayor might we adopt a resolution uh of the mayor of the boardwalk in the city of South Haven adjudicating the cost of cleaning property imposing and penalty and posing lean and the same against property we have a motion of honor and paying second arm and hail Is there any discussion hearing none roll call yes yes okay and that motion carries next on our agenda is a collateral Source agreement with first Commercial Bank and Mississippi Treasurer this is the agreements required by the Mississippi state treasurer's office when we have we have certain CDs on file with the first commercial bank so I understand that it used to be DeSoto County Bank and so since that time switched over first Commercial Bank we need to update this agreement um so that the state treasurer can be the primary lien holder in the event of any uh the default for that type or that type of transaction so it's required by law to enter in this agreements such as not just need authorization for City Clark to Andrew wanted to sign the agreement to compile the state treasurer's requirements and so it can be on file with the first Commercial Bank so moved second we have a motion of alderman Ferguson second of alderman Flores is there any discussion so you said we had CDs with first commercial yes I think it's a deposit saving back the original water deposits kind of devices any other discussion

[0:18:54] hearing none all in favor say aye aye aye all opposed say no as having motion carries next on the agenda's amendment to the city record rotation this is the new to see Recreation up at the last meeting you approved the record rotation list included those who applied there was gossip Record Service had applied they were still being reviewed on a couple of issues since that time they've been the South Haven Police Department has reviewed and recommends that they be placed on the record rotation list because they had they applied at the right time and that resolution authorized further additions upon further review by the southeast Police Department I like them second we have a motion of alderman hail second of alderman pain is there any discussion hearing nine roll call yes yes yes okay and that motion carries thanks on the agenda is a ratification of emergency repairs for our public works department and utilities department it's two separate resolutions there was two emergency Resolute emergency repairs that have to be required last couple weeks the first was with the public works department for the South Haven fire department number four um I think our station number four I'm sorry it had there were some bold issues and That Was Then repaired to repair the repair to start aim for mold issues and repair issues where the mold was so we need to optimization the repair a resolution to authorize those emergency expenditures along with another motion there's a silver line main break that need to raise the repair for the utilities department that had a so to prevent the Overflow and flooding of sewer in a neighborhood so two separate resolutions for emergency

[0:20:55] repairs for both those items tonight so you do two separate motions give some resolutions without the resolution of Mayor border water is South Haven for Declaration of emergency expenditure and mass percentage second that's where the public works okay so the Public Works uh emergency expenditure we have a measurement Brooks second Alderman pain is there any discussion so we were taking mold out of the fire station is that correct yes how old is that fire station foreign problems we replaced did some work to the roof um and uh cleaned it out but they realized there were some other mold issues that they needed to get addressed quickly we've had problems that the roof has been it's a metal roof had uh and correctly cheap and I'm wrong but we've had a metal roof that's we've had uh enormous amount of problems with over there so it's had some moisture there had some mold we had to deal with yeah there was no warranty that we had something actually actually that's our actually our facilities Department the salary should be a summary I mean I'm just just clarification we um we have the same director Mr Bradley Wallace manages Public Works and Facilities of course this would be a facilities issue so this amount on this resolution here is for just the mold correct right and the utilities things are totally different issue okay any other discussion about the um facilities issue hearing none all in favor say aye all opposed say no I was having motion carries now is there a motion uh to approve to ratify the emergency repairs in the for the utilities department I'll make that motion Waterman Flores second Autumn and

[0:23:01] Gallagher is there any discussion what what was the total for utilities repair 33 000 33 000 33 000 or something okay so it's right there in the Bible I can't read oh there it is I'm sorry on the first one is it is that both of them combined together yeah okay thank you wow and the uh the Vicksburg issue is just something that the city faces uh the area where Vicksburg Drive is located is uh one of our original subdivisions in the city you know dating back to the early 60s so uh that's something that you know we uh we do have a proactive plan that um our director Ray Humphrey updated me on today uh where we're uh proactively checking our infrastructure but I eventually as these uh these uh pipes age you know they only have a defined lifespan so we're getting to that point with some of them and then you start having leaks and things that was this issue it was emergency link that had to be corrected any other discussion about the utilities emergency repair ing none all in favor say aye aye all opposed say no I just haven't mentioned series all right next time thank you all right next on our agenda is um resolution for appointment of um our Deputy City Clerk and Deputy Clerks so um this is Pam Powell first we need to do the resolution first I want to let's do the resolution and

[0:25:04] get all that and then we'll swear okay we adopt the resolution of Mayor Board of Auburn to Southaven appointing Clerk and Deputy Clerks we have a motion bottoman Brooke second Alderman Ferguson is there any discussion hearing non-roll call yes okay and that motion carries raise your rights repeat after me I'm Pam Powell they're solemnly swear that I will Faithfully support that I will Faithfully support the Constitution of the United States Constitution and the constitution of the state of Mississippi and the Constitution Mississippi and obey the law of Their Own laws that I'm not disqualified I'm holding the office of Deputy city clerk of Deputy Clerk and that I will Faithfully discharge the duties of the office upon which I'm about to enter so help me God congratulations [Applause] okay next on our agenda is a request for a small purchase selection of civil link LLC for Engineering Services regarding the Snowden pedestrian path MBO project and again y'all may remember this is just simply the project we made application with mpo to get Federal

[0:27:07] funding to add sidewalks throughout the entire snow truck correct what we have to do the small purchase is you're you're you're allowed to go through the small purchase procedure which expedites your choice of Engineering Services if it's below a certain amount uh we are below that amount on Engineering Services so we did look at Elliot Bridge uh Neil Shafer and CityLink um and it was requested that we use civil link LLC as our small purchase Engineering Services this will be for the preliminary only once we get through the design we'll come back with another small purchase request for construction and inspection when the actual construction starts but as the mayor said this is a plan to take sidewalk and pedestrian and bicycle pass through the snowview facility all the way over to the tennis courts it is an 80 20 split of funding us being the 20 Side Federal and State funding in the 80 side so I'll make that motion attacking we have a motion by ottoman Flores second Alderman Ferguson is there any discussion sandbox that are going to be well needed so I bought some bypass that are well needed yes and just to add to that y'all it um obviously will help with the amphitheater it will also go down instead of length and Dale Road which you'll you know get uh people off the street that are coming out of the amphitheater for concerts if you've ever been to a concert you notice for people walking it's a challenge for RPV to keep you know safety there with people walking down the street it's going to be a good safety concern this will connect to our Trail plan between Snowden and Central yes we'll actually connect to that so you'll essentially get around four to five miles of total connectivity there any other discussion hearing non-roll call yes yes yes thank you Whitney all right next on our agenda's authority to seek bids for the

[0:29:11] construction of intersection modernization uh for new traffic signal uh with mass arms at Highway 51 and Mississippi Valley Boulevard Mr Dane Cordell is here but before he speaks I would just like to remind everyone this is part of a plan uh of a larger plan to revitalize original South Haven all the older intersections along Highway 51 have the old span wire design there's no pedestrian friendly options this will modernize all those instead of you know inquiring any debt we agreed the board agreed in the budget that would just do one at a time you know so we're going cash only no debt but eventually we're going to work our way down 51 so we're the starting North at Maine and Highway 51 that's part of our Main Street pedestrian project so they'll add Mass arms there that's Federal money they'll pay that and then also the one on Main Street at Whitworth will have federal funds to take care of modernization of those signals so what we're doing with our own money the city money is starting on Highway 51 and going south so we'll start with Mississippi Valley uh then we'll go from there and we'll hit uh I believe it's Brookhaven I will hit Brookhaven next someone hit rasco and I don't want to hit Custer and then we already have ones in place at um at Dorchester Drive so that will after we do that that will have every intersection basically in the city modernized so that's I think that's important and again we want to revitalize the original part of our city starting right here [Laughter] this is an MDOT signal that we maintained being on 51. the plans have been submitted to them we expect permit anytime we discuss it with them so it's just a matter of them signing off so we want to go ahead and get permission to look forward to advertise once we get that permit permit so moved second motion vitamin Flores second Alderman

[0:31:15] hail Is there any other discussion hearing none roll call yes Waterman Hill yes yes okay and that motion carries thanks Jane all right next on the agenda's resolution granting authority to claim private property adopt the resolution granting Authority and drop the property members of the state have a much modern Brook second Alderman Kelly is there any discussion among the board yes do we win your week from we know which parcel that is on State Line Road I never heard back from time exactly which there's two months that are on here um but he said you had called him about right one was cut but they haven't cleaned it up yet there was no one but there's still a lot of underbrush and stuff so we don't need to remove it from this list right okay any other discussion among the board carrying knives or anyone in the audience that wants to speak regarding any of these properties any property owners hearing or seeing none roll call yes yes yes okay now motion carries is there anything on the planning agenda find nothing on the signing agenda mayor's report I'll be sure tonight just a couple things I want to update everyone on we've spoken briefly about this in the past star Landing Road is in horrendous condition just a quick history lesson years ago the county started working on a project to acquire MDOT funding to widen star Landing Road it was part of

[0:33:18] the star Landing interchange that would be on Interstate 55 with a median that project is not funded so we've we've somewhat waited to see what would happen with that That's why nothing has been done to Star Landing but now this will come evident that this project is going to be years in advance we simply can't wait that long star Landing Road has fallen apart it's it's just it's heinous and so what we've tried to do is we've made application with mpo in their overlay project to uh to get a full overlay from Highway 51 to get well we're still waiting on that we don't know if we're going to be approved for that yet we'll still continue trying until then we're about to do the best that we can you can imagine how expensive that is to Overlay that that's a long way I'm not sure the exact mileage but if you want to get well it's a lot of road but we're going to try to do the best we can until then we're going to try to take care of reserve the road as best possible repairing the potholes the biggest issue is striping uh that's you know somewhat of a an agricultural type area so there's not there's not a lot of lighting there and at night it becomes very difficult to uh you know to see where you're part of the lane is so what we're going to do in-house to save money we're going to use our own Public Works Crews with a new striping machine and we're going to paint a new Center Line you know through there so we're hoping you know to hear good news from the mpo and we'll get an overlay but until then we've got to restrike that along with that just update everyone where where do we have uh striping that phase throughout the city we're proactively reviewing that Mr Bradley Wallace and his crews are are going throughout the city looking for areas that where the striping has faded so we'll be doing a lot of that stuff in-house again goes without saying and this time of year with the weather I get a lot of potholes so um we're going to catch up and do the best we can to get the potholes or repaired as quickly as possible and that's really all I have this evening for the mayor's report next on our agendas our citizens agenda we have

[0:35:20] three people that have uh actually we need board approval we've got two issues that occurred after the deadline Friday I'd like to save Mr Dr Randall hewling for last if that's okay but I've got two others that are other issues that need to come forward tonight and I'm asking board approval we all will y'all please give me a motion and a second to allow Melanie West to talk about speed limit issues on Chesterfield and also Mr Dean murra is we need to discuss um the zoning that he's in he's going to build a storage building and we need to we need to discuss some zoning issues so will the board make a motion to allow fabul boat together Nick okay can I get a motion to allow both of these people to speak to the second okay we have a motion modern Gallagher second bottoman Flores all in favor say aye aye all posts they know I was having motion carries so miss Melanie West would you please come forward or at least two we've got a problem on Chesterfield we've lowered the speed limit we brought that before we already went ahead and lowered it to 25 a couple years ago it's a suggestion the average speed is 45 to 50 on a good day we've got kids that have my own kids have been almost getting on the school bus we had a girl arrested last year she went around a school bus at 30 miles an hour we had our own video um we had a child I'm sure most of you have children set the kid down they run Saturday people were moving in they lost kid took off to the end of the driveway guy locked up his brakes one neighbor said he thought he was going 50 I said probably closer to 40 and he stopped no more than an inch from this baby who was two maybe three if it does not stop it's not a matter of when or a matter of if anymore it's a matter of when somebody's going to die and I know you don't like speed bumps I

[0:37:24] know a lot of you don't I know the case you referred to when you come back to that I also knew the young man was under the influence when he wrecked that bike and he was speeding I don't we don't want the regular little speed bumps we're talking the big tabletops like they've got down DeSoto Woods South Memphis you cannot speed over them you're not going to flip your car Center yourself and have to get pulled off but you're not going to flip it if you hit it any one of you can come stand in my driveway and watch what we watch on a daily basically daily when they come over there and they write tickets they can stand there and write 30 tickets in a couple of hours once they put the boxes up we've got to do something before we get we've got 19 kids now between Chesterfield and Chesterfield between Brandywine and State Line five years ago we had six maybe seven Alderman Kelly lives right down the street he sees it his wife complains that they fly through there we've got to do something can we not set it up as a test case City Vehicle swapped through there too Mr Humphries has talked to me we had one of your guys almost hit a kid one day look at the cost if it's a city city vehicle that hits one of these kids I mean I know a million dollars is a lot to pay out we've got to do something before something so I don't know if y'all want to try putting three-way stop at Ferncliff which is still not going to stop them as they're coming over that Hill um at least twice a month we watch somebody hit that dip at Ferncliff and lose a bumper because they were flying hard enough to hit it I mean you see Sparks Fly on a Saturday night on a regular basis through there is this on the north side of Brandywine yes between Brandywine and State Line so when they're top of the hill like they're coming off Mains and I live right at the top of the hill you come past his house about five houses and I'm right the house before it starts to go down into your dip so I mean they're

[0:39:26] flying when they come past our house because when you get further south towards like going towards Roscoe it starts to get a curve so it naturally slows the traffic right they slow a little through there but they will come at their rear and they want to fly through the middle of the road which makes no sense if they're going to go over a hill they're going down the middle of the road and you invariably see somebody swerved to keep from hitting somebody and they've gone up in the yards and everything else to try to avoid hitting somebody where they're you know in so a 25 mile an hour speed limit which is a nice idea but it's not working okay well there are things that we can do our police chief is here um we talk regularly yeah we'll go back and look and see if there may be some other things um Technologies improved there's some things that you can do other than just the old traditional concrete speed bumps at this point anything one of these kids is going to get hit I mean I cannot imagine this mother on Saturday who watches you know she's moving into a house and watches her baby almost get hit it's terrible so and this is It's a daily occurrence I mean any one of you can come stand in my driveway from you know seven o'clock to nine in the morning and four Thirty to six in the afternoon and it's ridiculous I appreciate you bringing it to our attention again you know when it was brought to our attention we did reduce the speed limit trying to help and I understand that we thought yeah yeah so we'll we'll take another look to see what we can do but I really appreciate you bringing it to us again thank you for listening I appreciate it thank you man okay next on our citizens agenda is Mr Dane Murray good how are you sir pretty colored [Music] it may make things easier and somebody get a short Change you're gonna have to go somewhere anyway what I would like to do

[0:41:54] is build a roughly a thousand square foot metal building exactly like what you would see on Goodman Road SOS Barn store and it'll be 30 36. and I would like to build it before I build my house because I got a lot of stuff that needs to go in there like a tractor and a trailer and a four-wheeler if you look at the it's a colorful page on the front X is my lot and it is clearly zoned agriculture homes it's bounded on the west and on the south by commercial blueberry farm and is mounted on the East and the north of course by agricultural property the the other page the second page has shows you from overhead where the lot actually is and the only place you can see the lot is from space and that is a Google Earth no neighbors can see my lot no one can see it and it's zoned agricultural and I have been told that numerous times that I cannot build a structure on my property before I build my house and then I've been told that the structure or the accessory building can only be 50 percent of the size of the home I have gone through every page

[0:43:59] of the zoning laws in South Haven regarding agricultural poverty and nowhere have I found anything that even remotely resembles saying that I have been told that numerous times but I have never actually had someone show it to me in the book The zoning book and I'm I'm at a standstill I've been working on this piece of property for three years trying to get cleaned up ready to build on and I can't build what I started out wanting to build and I would really love to have this issue resolved you can always say there's I have read the zoning laws over and over and nothing in the agricultural zoning says that I can't build a barn he says I can't build a three-car garage or whatever and it doesn't say anything about not being able to build it prior to building the house so well the um I sent you the ordinance and Whitney Whitney's our planet director Whitney which when we sent him was 13-3 that um and actually your zone is an AR correct it's AR it's not an agriculture there's a difference in a a is agricultural AR is agricultural residential so it was zoned that way before it was in the city of South Haven it was an AR zone so when when that was annexed we kept the zoning that the county had so you're actually in a residential Zone you're in an AR zone is that correct Whitney right but I think and and I've talked to Mr Clinton and he called me after the agenda he was supposed to be on I said well let's just do a variance application and he did come by and pick up the variance application I I do think he has a valid argument

[0:46:02] but we never received the variance application um I'm I'm okay quite honestly I just don't have the authority to do it by right there's a formal process but I mean I think everybody can agree and I've spoken to the mayor I've spoken to the board of adjustment people he's got a ballot already yeah to do it in Prelude to the home but we just can't Grant it outright the food that's why my email to you that is the ordinance you'd suggested that you never got a copy of it no I gotta I got a photographic you know picture of it but that was Zone C immersion no that's that's AR that's and what I sent you as they are and that's on the city website I just I sent that to you by photocopy just to be quick to get it in your hands but then I directed you to the city website if you go to that section you can read that for yourself that's where it addresses the fact that a storage in a residential Zone storage building can't exceed 50 of the total square footage of principal structure so you don't since you don't have a principal structure that's what the issue is in a residential Zone but like I told you about email I agree with you 100 that because of where it is it makes sense so we could offer some type of variance I support that I mean it's a hardship grant that you look at for variance application I mean where he's located it's a minor subdivision he did residentially with his family and he's got a valid argument to do it picked up the variance application we just didn't receive it back well you require everybody else to do but that's that's your call what's your what's your next Board of adjustments meeting Monday okay can we do this could we get the variance filed this week and have a board of adjustments meeting and hearing on it almost 30 days but I mean we have I mean I haven't finished the staff reports if we can get something in by tomorrow okay as a solution tonight since to follow

[0:48:06] the process if you have a meeting on Monday night give go ahead and put it on your agenda for Monday night have the application into the planning office by Thursday that way since you are well versed in it and uh that way you can be done that way and then Monday night you could be you know on the recommendation Grand the variance and that way Tuesday Morning you'd be good to go but that's just and that way go to the second go through the formal process and would still be following all the ordinance but it also allowed for everybody they need to accomplish that'd be okay that's okay with the board the mayor in the planning office what do you do for us I don't think you would need to do anything tonight except I think if we do it that way I think the board have to take any action other than you could you could go with a recommendation of it's Cameo it came from the board the board had no objection but the board of adjustments is the one who grants the bearing it's not the board of alderman so the board of adjustments would hear it based on the advice of the in the board of Walmart can give a people recommendation even though it wouldn't be an official action and that's why I want you to know point that out it's not that you're being told I wanted you to that's why I want you to come tonight because Whitney and myself we don't have the authority to give you an exception to an ordinance our job by law we enforce the ordinances as they are on the books but this group of people here in the board of adjustments are the ones that have the authority to give you a variance so right so I just wanted I thought it was good for us all to get in the same room so we can clarify that but that's that's why what you're being told that is in the book is third what I sent you is you can go online on the city website and you can scroll to that it's there that's where it is well you well you sent me 13 13A which is commercial not 13 13e what did we send him okay it's it's in there I was just trying to steer you toward the language uh where you could read the language but again nobody's telling you no I'm just telling you procedurally and legally Whitney and I don't have the authority to allow that has to be done by the board of adjustments so that's one but I think

[0:50:08] we've got I think it makes sense I mean I think we can get I hope we can get it done okay what do I need to do then fill out the variance and bring the barriers to you just send me the copy of it and if you don't have it you can get onto it online but if you've still got that application just bring it into your Aerials that you've got that your account and just a request of specifically what you want to do all right okay thank you thank you appreciate it okay next on our citizens agenda is Dr Randall healing mayor board appreciate the opportunity to come before you and have been keeping it up with the fight that you've been having to wait with the pennyford parks and just thought that I needed to come and throw my two cents into that and give you a little bit of background history uh more not so much be all but for the citizens and certainly for the uh legislature and so with that um just go sort of go through some history here back much earlier City leadership like years and years and years and years ago felt the money in the bank was a much better option than services or Parks so no money was really set aside in the city budget less than one percent was there we could not get the board action to implement Parks program and so it was recommended that we send it out for a referendum to try and get Monies to start with the parks program that was sent to two referendums the majority was achieved in both opportunities but not quite to the 60 requirement and so we came back before the board at that point and that was a riot around election time and so it was deferred and that's what was run on for elections in that election cycle was parks and recruitment to the cities and that's where I was able to be voted into the board with that um

[0:52:09] huge shift in the board and the mayor and the in the Parks so I had the privilege of being a member of the board that saw Parks as vital to the quality of life and the safety for the city of South Haven we built with the mindset not of we are only South Haven so we have to settle instead we are South Haven the top of Mississippi our citizens deserve the best and we should portray that in our Park facilities and services to our citizens as well as our police and fire parks are not an amenity they are in necessity providing Recreation inspiration a central respite and for South Haven also a financial benefit we started the procs program when there were minimal facilities kids were playing in Reddit up baseball fields defenses were half torn down parents cutting the park grass and on their own mowers and parents cementing concession stands we had developers providing land such as Central Park that were convinced that the lights next to the park were the ones that needed to be priced the cheapest because they were going to have more difficulty selling those lives we provided a vision for the citizens and they believed there was a survey that was conducted for the national parks Association of Realtors by public opinion strategies that showed respondents would be willing to pay a 10 percent more for a house located near a park or other protected space but one point remained crucial to protect the positive economic impact of parks the parks must be well maintained and secure a park that is dangerous and ill-kept is likely to hurt the value of nearby houses and business businesses quality of life is a determining factor in real estate values and economic vitality a real estate industry report caused by viability a litmus test for determining the strength of the real estate and investment Market if people want to live in a place companies stores hotels will follow we are a perfect

[0:54:10] demonstration of that to this day we added over nine mils of tax to every citizen but we were providing them facilities they had never dreamed of since we are South Haven the top of Mississippi we were re-elected several times always running on Parks and what other facilities were being developed we hired developed staff to run programs that generated Revenue to augment Park budgetary needs this was unheard of in most of the Cities throughout the country cities being able to make money through their parks that was just not something that was seen much at all with what y'all have been able to do and continue to do we have over 1 560 teams per year playing within our Parks program that program is continuing to increase by over 90 teams per year almost 30 states have been to this city with teams coming two foreign countries have had teams play Dominican Republic in Canada the budget that is generated off of the parks is well over a million and a half on just direct funds coming in off of that program but the economic impact of the city y'all well know 25 million indirect economies coming in and that's those teams those parents those grandparents those friends coming and watching them play that are bringing their money that are paying their food here and subsequently providing revenue for being able to continue to augment the programs so with South Haven Parks venues we have been one of the top booking agents for the Memphis hotels because of our venues here and that has been well known in the past we are now a destination city as shown by what you've just heard there then we designed the penny for the parks

[0:56:14] program to continue to augment the parks program's maintenance and expansion of the facilities we had to do two votes to get the local and private in place and even with the two votes this legislator came in and stuck it to us in that they put a repealer on there that had not been a requirement in the past and if they had left the repeater off you would have been able to then use those Revenue funds to go out and get you a 15 to 20 million or more Bond and use it over a 15 to 20 year cycle we were told don't worry these bills are automatic and being renewed that will come up every three years and then they'll be renewed but what they weren't being called is that that in turn blocks your ability to be able to go out and get your Revenue generating fund so you and the board have continued to do what needed to be done in spending the Mind monies that were blocked from being able to do the revenue generating bond by being very diligent and looking at your programs and paying cash thank you now it is being put forth in the local and private bill at a repealer referendum Clause every four years could be used overturning this now keeps the city from being locked down and being able to even use those revenues for at least a half a year because you don't know whether that last year your recruiter is going to be carried forward or not and so you have to to continue to take that in mind it is interesting that when this requirement was brought up in the house committee to have this requirement of being able to be or placed on all local and privates for all cities it failed to come out of the committee but yet somehow it is needed for South Haven if this funding source that is primarily paid by rep non-residents is removed then this board will need to immediately move ahead with adding four Mills to current millage on South aim assistance to be able to continue to do the funding there's a little known little used

[0:58:16] Clause out there with the millage that says the board can do a 10 percent increase without having to go out for any kind of Vote or anything like that to y'all's credits you have not utilized that you've been very diligent in your attention to your budget and to how the monies have been expended so the house delegation is not really concerned about saving taxes for the South Haven citizens in my opinion they're sitting here and saying that they were trying to to shift this money it is easy to say go get the funds from somewhere else but try to move a million and a half to two million dollars it's not that easy when you've got significant negative effects that are going to be happening where you can take it from you'll take it from police look at some of the events that have happened are you going to take it from fire or you will take it from the beautification or you would take it from streets all of that is not anywhere that can really go in and take a two million dollar hit in my estimation and I'm out of the The Fray of it for a while now but that being said so the the question is what does the house delegation really trying to say we need to decrease our services we need to decrease our safety we need to decrease our parks all of that there's a well-known fact that when you decrease your Parks budget by a dollar you're increasing your police budget by a dollar and a half that's not being said by the house delegation out there anywhere it has been known since we started the parks program that we had to believe think big and keep striving if you become satisfied or complacent with our facilities and are not continuing to improve refurbish and maintain the facilities then you're standing still and this means that you're declining perfect example is Horn Lake they built a beautiful non-filled complex but then they failed to maintain it for a period of time the teams and the tournaments

[1:00:19] that were going there dropped off they recognized their problem and they went in and started their upgrading of it but trying to get those teams and those tournaments back is not as easy as it is when you're first starting off with a beautiful complex so in my opinion every citizen needs to be contacting the house and the Senate delegation and asking them what their hidden agenda really is why are they pushing for another vote on something that has received over at least six elections already we had the two referendums before any board action started occurring then we had the elections putting the people in then we had the two local and Providence and then we've had election subsequent including the ones where y'all had information as far as on Parks and the importance of that so why are they trying to destroy the parks why are they trying to shift the costs from primarily non-residents to the residents of the city of South Haven why are they suggesting reduction of fines that are needed for fire police Street or drainage or beautification there needs to be no repealer but at a minimum if they're going to stick that on there then they need to be turning that into where they're going to provide that for a 15 to 20 year time period where if the referendum does go forward one time and the electorate says for a seventh time yes we want it then they need to be providing their 15 to 20-year opportunity for y'all to be able to go out and get revenue bonds to continue to do what you've done so well with continuing to take care of the parks and the citizens of South Haven thank you thank you okay thank you Dr healing uh next that's all of our citizens agenda next on our agenda is our Personnel docket a second

[1:02:24] so most of alderman Brooks second Alderman Gallagher is there any discussion hearing none roll call yes yes okay that motion carries next on our agendas our city attorney's legal update for Nick Manley again a couple quick things first thing will be tonight is the refund of an assessment it's at uh 76.69 gallon box Cove the uh what happened on this one the the city follow the lean at the time they saw the lien the address or the information for the correct owner had not been updated on the Chancery Clerk's website so it was not against the wrong owner and it was in assess and so can't assess it without the proper notice so we need to refund that a lien and the amount of three thousand fifty one dollars and 76.69 gallon box code the vast majority of that is is the ability so it's the cities the city had received that money it is the three refund and get back at this point oh my God second information Gallagher's second Alderman Ferguson is there any discussion hearing non-roll call yes okay that motion carries it's just one other thing the last board meeting you recall you uh authorize the resolution to approve and interlocal with investment Water Association for the upgrading of the fire lines uh in as part of that Annex area they have agreed to the proposed interlock with that I proposed and so it has been signed by them the mayor has the authority to sign it nice for your last resolution just give me an update on that there's no further action but I told the board I'd come back to you when it happened so

[1:04:27] that's it thank you sir all right next on our agenda is our claims docket Penning two two invoices both from Pharma one and Voice number 47 45 QV for the State Line Road ditch rip rap project and that was in the amount of 67 794.73 and also the invoice 4741 QB for the Shady Oaks Drive drainage project in the amount of twelve thousand sixty nine dollars and seventy nine cents bringing to it to a grand total of one million 448 157 dollars and twelve cents second we have a motion of alderman pain second Alderman Flores is there any discussion very non roll call yes yes yes yes yes okay and that motion carries okay next on our agenda determine the need for executive session Alderman Brooks second ballroom and Hale all in favor say aye aye opposed say no I just haven't motion carries the need for executive session this evening his claims litigation regarding Southaven police and infrastructure litigation regarding city ordinances Economic Development and personnel and public works and Personnel in the in the Southeast Police Department is there a motion to declare executive session got a motion of alderman Brooks second of alderman Kelly all in favor say aye aye all opposed say no us have it motion carries the mayor board will now enter

[1:06:31] executive session um

Captured 2026-07-26 · source: youtube.com/watch?v=GMGO2MkCORA